Common use of Transmission of business Clause in Contracts

Transmission of business. The provisions of this clause are not applicable where a business is after the date of this Agreement, transmitted from the Company (in this sub clause called the transmittor) to another Company (in this sub clause called the transmittee), in any of the following circumstances: (a) Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or (b) Where the employee rejects an offer of employment with the transmittee: (i) in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and (ii) which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee. (c) The Commission may vary 20.8(b) if it is satisfied that this provision would operate unfairly in a particular case.

Transmission of business. The provisions of this clause are not applicable where a business is before or after the date of this Agreement, transmitted from the Company (in this sub clause called the transmittor) to another Company (in this sub clause called the transmittee), in any of the following circumstances: (a) Where where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or (b) Where where the employee rejects an offer of employment with the transmittee: (i) in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and (ii) which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee. (c) The Commission may vary 20.8(b18.8 (b) if it is satisfied that this provision would operate unfairly in a particular case.

Transmission of business. (a) The provisions of this clause are not applicable where a business is before or after the date of this Agreement, transmitted from the Company an employer (in this sub clause subclause called the transmittor) to another Company employer (in this sub clause subclause called the transmittee), in any of the following circumstances: (ab) Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or (bc) Where the employee rejects an offer of employment with the transmittee: (i) : • in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and (ii) and • which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee. (c. 50.11(d) The Commission may vary 20.8(b50.11(b) if it is satisfied that this provision would operate unfairly in a particular case.

Transmission of business. (i) The provisions of this clause are not applicable where a business is before or after the date of this Agreement, transmitted from the Company GEMCO (in this sub clause subclause called the transmittor) to another Company employer (in this sub clause subclause called the transmittee), in any of the following circumstances: (aA) Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or (bB) Where the employee rejects an offer of employment with the transmittee: (i) : • in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and (ii) and • which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee. (cii) The Commission may vary 20.8(bClause 9.9(b)(i) if it is satisfied that this provision would operate unfairly in a particular case.

Transmission of business. The provisions of this clause are not applicable where a business is before or after the date of this Agreement, transmitted from the Company an employer (in this sub sub-clause called the transmittor) to another Company employer (in this sub sub-clause called the transmittee), in any of the following circumstances: (a) : Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or (b) or Where the employee rejects an offer of employment with the transmittee: (i1) in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and (ii2) which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee. (c) . The Commission may vary 20.8(b) the severance pay if it is satisfied that this provision would operate unfairly in a particular case.

Transmission of business. The Redundancy provisions of this Agreement clause are not applicable where a business is before or after the date of this Agreementaward, transmitted from the Company an employer (in this sub clause subclause called "the transmittor") to another Company employer (in this sub clause subclause called "the transmittee"), in any of the following circumstances: (ai) Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or (bii) Where the employee rejects an offer of employment with the transmittee: (i) in : In which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the each employee at the time of ceasing employment with the transmittor; and (ii) and which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee. (c) . The Commission may vary 20.8(b(b)(ii) if it is satisfied that this provision would operate unfairly in a particular case.

Transmission of business. The provisions of this clause are not applicable where a business is before or after the date of this Agreement, transmitted from the Company (in this sub clause called the transmittor) to another Company company (in this sub clause called the transmittee), in any of the following circumstances: (a) Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or (b) Where the employee rejects an offer of employment with the transmittee: (i) 1. in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and (ii) 2. which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee. (c) The Commission may vary 20.8(b18.7(b) if it is satisfied that this provision would operate unfairly in a particular case. In this clause: a) business includes trade, process, business or occupation and includes part of any such business; and b) transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning.

Transmission of business. 12.7.1 The provisions of this clause are not applicable where a business is before or after the date of this Agreementaward, transmitted from the Company an employer (in this sub clause subclause called the transmittor) to another Company employer (in this sub clause subclause called the transmittee), in any of the following circumstances: (a1) Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or (b2) Where the employee rejects an offer of employment with the transmittee: (ia) in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and (iib) which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee. (c) 12.7.2 The Commission may vary 20.8(b) if it is satisfied that this provision would operate unfairly in a particular case.12.7.1

Transmission of business. 26.7.1 The provisions of this clause are not applicable where a business is before or after the date of this Agreement, transmitted from the Company MWHS (in this sub sub-clause called the transmittortransmitter) to another Company employer (in this sub sub-clause called the transmittee), in any of the following circumstances: (a) Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor transmitter and any prior transmittor transmitter to be continuous service of the employee with the transmittee; or (b) Where the employee rejects an offer of employment with the transmittee: (i) : • in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittortransmitter; and (ii) and • which recognises the period of continuous service which the employee had with the transmittor transmitter and any prior transmittor transmitter to be continuous service of the employee with the transmittee. (c) 26.7.2 The Commission may vary 20.8(b26.7.1(b) if it is satisfied that this provision would operate unfairly in a particular case.

Transmission of business. 15.7.1 The provisions of this clause are not applicable where a business is before or after the date of this Agreementaward, transmitted from the Company an employer (in this sub clause called the transmittor) to another Company employer (in this sub clause called the transmittee), in any of the following circumstances: (a) Where the employee accepts employment with the transmittee which recognises recognizes the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or (b) Where the employee rejects an offer of employment with the transmittee: (i) : • in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and (ii) and • which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee. (c) 15.7.2 The Commission may vary 20.8(b15.7.1(b) if it is satisfied that this provision would operate unfairly in a particular case.

Transmission of business. 15.7.1 The provisions of this clause are not applicable where a business is before or after the date of this Agreementagreement, transmitted from the Company Hanover (in this sub clause subclause called the transmittortransmitter) to another Company Employer (in this sub clause subclause called the transmittee), in any of the following circumstances: (a) Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor transmitter and any prior transmittor transmitter to be continuous service of the employee with the transmittee; or (b) Where the employee rejects an offer of employment with the transmittee: (i) : in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittortransmitter; and (ii) and which recognises the period of continuous service which the employee had with the transmittor transmitter and any prior transmittor transmitter to be continuous service of the employee with the transmittee. (c) 15.7.2 The Commission may vary 20.8(b15.7.1(b) if it is satisfied that this provision would operate unfairly in a particular case.

Transmission of business. 13.7.1 The provisions of this clause are not applicable where a business is before or after the date of this AgreementSchedule 1, transmitted from the Company an employer (in this sub clause subclause called the transmittor) to another Company employer (in this sub clause subclause called the transmittee), in any of the following circumstances: (a) Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or (b) Where the employee rejects an offer of employment with the transmittee: (i) : in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and (ii) and which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee. (c) 13.7.2 The Commission may vary 20.8(b13.7.1(b) if it is satisfied that this provision would operate unfairly in a particular case.

Transmission of business. The provisions of this clause are not applicable where a business is before or after the date of this Agreementagreement, transmitted from the Company an employer (in this sub clause called the transmittortransmitter) to another Company employer (in this sub sub-clause called the transmittee), in any of the following circumstances: (a) i. Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor transmitter and any prior transmittor transmitter to be continuous service of the employee with the transmittee; or (b) ii. Where the employee rejects an offer of employment with the transmittee: (ia) in In which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittortransmitter; and (iib) which Which recognises the period of continuous service which the employee had with the transmittor transmitter and any prior transmittor transmitter to be continuous service of the employee with the transmittee. (c) iii. The Fair Work Commission may vary 20.8(b) these provisions if it is satisfied that this provision would operate unfairly in a particular case.

Transmission of business. 13.7.1 The provisions of this clause are not applicable where a business is before or after the date of this Agreementaward, transmitted from the Company employer (in this sub clause subclause called the transmittortransmittor ) to another Company the employer (in this sub clause subclause called the transmitteetransmittee ), in any of the following circumstances: (a) Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or (b) Where the employee rejects an offer of employment with the transmittee: (i) : in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and (ii) and which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee. (c) 13.7.2 The Commission may vary 20.8(b) if it is satisfied that this provision would operate unfairly in a particular case.13.7.1

Transmission of business. 13.9.1 The provisions of this clause are not applicable where a business is before or after the date of this Agreement, transmitted from the Company Armaguard (in this sub clause subclause called the transmittor) to another Company employer (in this sub clause subclause called the transmittee), in any of the following circumstances: (a) Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or (b) Where the employee rejects an offer of employment with the transmittee: (i) : o in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and (ii) and o which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee. (c) 14.7.2 The Commission may vary 20.8(b14.7.1(b) if it is satisfied that this provision would operate unfairly in a particular case.

Transmission of business. 15.7.1 The provisions of this clause are not applicable where a business is before or after the date of this Agreementaward, transmitted from the Company an employer (in this sub clause subclause called the transmittor) to another Company employer (in this sub clause subclause called the transmittee), in any of the following circumstances: (a) Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or (b) Where the employee rejects an offer of employment with the transmittee: (i) : in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and (ii) and which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee. (c) 15.7.2 The Commission may vary 20.8(b15.7.1(b) if it is satisfied that this provision would operate unfairly in a particular case.

Transmission of business. The provisions of this clause are not applicable where a business is before or after the date of this Agreementagreement, transmitted from the Company an employer (in this sub clause subclause called "the transmittor") to another Company employer (in this sub clause subclause called "the transmittee"), in any of the following circumstances: (a) : Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or (b) or Where the employee rejects an offer of employment with the transmittee: (i) in : • In which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and (ii) and • which recognises the period of continuous service service, which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee. (c) . The Commission may vary 20.8(b(d)(ii) if it is satisfied that this provision would operate unfairly in a particular case.

Transmission of business. 13.8.1 The provisions of this clause are not applicable where a business is before or after the date of this Agreement, transmitted from the Company Armaguard (in this sub clause subclause called the transmittor) to another Company employer (in this sub clause subclause called the transmittee), in any of the following circumstances: (a) Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or (b) Where the employee rejects an offer of employment with the transmittee: (i) : o in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and (ii) and o which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee. (c) 14.7.2 The Commission may vary 20.8(b14.7.1(b) if it is satisfied that this provision would operate unfairly in a particular case.

Transmission of business. 9.1 The provisions of this clause are not applicable where a business is before or after the date of this the Agreement, transmitted from the Company an employer (in this sub clause subclause called the transmittortransmittor ) to another Company employer (in this sub clause subclause called the transmitteetransmittee ), in any of the following circumstances: (a) Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or (b) Where the employee rejects an offer of employment with the transmittee: (i) : • in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and (ii) and • which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee. (c) 9.2 The Commission may vary 20.8(b8.9.1(b) if it is satisfied that this provision would operate unfairly in a particular case.