Common use of Transmission of business Clause in Contracts

Transmission of business. (a) Where a business is transmitted from an employer (transmittor) to another employer (transmittee), and an employee who at the time of such transmission was an employee of the transmittor of the business, becomes an employee of the transmittee: (i) the continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission; and (ii) the period of employment which the employee has had with the transmittor or any prior transmittor shall be deemed to be service of the employee with the transmittee. (b) In clause 3.8.3, “business” includes trade, process, business or occupation and includes a part or subsidiary (which means a corporation that would be taken to be a subsidiary under the Corporations Law, whether or not the Corporations Law applies in the particular case) of any such business and “transmission” includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and “transmitted” has a corresponding meaning.

Appears in 8 contracts

Samples: Single Enterprise Collective Agreement, Religious Institute Schools Agreement, Diocesan Schools Agreement

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Transmission of business. (a1) Where a business is after the date of this Agreement transmitted from an employer the Employer (in this clause called "the transmittor") to another employer (transmittee), and an employee who at the time of such transmission was an employee of the transmittor of the business, in that business becomes an employee of the transmittee: (ia) the The continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission; and (iib) the The period of employment which the employee has had with the transmittor or any prior transmittor shall be deemed to be service of the employee with the transmittee. (b2) In this clause 3.8.3, “"business" includes trade, process, business or occupation and includes a part or subsidiary (which means a corporation that would be taken to be a subsidiary under the Corporations Law, whether or not the Corporations Law applies in the particular case) of any such business and "transmission" includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and "transmitted" has a corresponding meaning.

Appears in 3 contracts

Samples: Meat Processing Agreement, Collective Agreement, Collective Agreement

Transmission of business. (a) Where a business is is, transmitted from an employer (transmittor) to another employer (transmittee), and an employee who at the time of such transmission was an employee of the transmittor of the business, becomes an employee of the transmittee: (i) the continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission; and (ii) the period of employment which the employee has had with the transmittor or any prior transmittor shall be deemed to be service of the employee with the transmittee. (b) In clause 3.8.35.3.3, 'business' includes trade, process, business or occupation and includes a part or subsidiary (which means a corporation that would be taken to be a subsidiary under the Corporations Law, whether or not the Corporations Law applies in the particular case) of any such business and 'transmission' includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and 'transmitted' has a corresponding meaning.

Appears in 3 contracts

Samples: Workplace Agreement, Employer Greenfields Agreement, Workplace Agreement

Transmission of business. (a) Where a business is Should the Hospital be transmitted from an the employer (transmittor) to another employer (transmittee), and an employee who at the time of such transmission was an employee of the transmittor of the business, becomes an employee of the transmittee: (i) the continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission; and (ii) the period of employment which the employee has had with the transmittor or any prior transmittor shall be deemed to be service of the employee with the transmittee. (b) In clause 3.8.3, 'business' includes trade, process, business or occupation and includes a part or subsidiary (which means a corporation that would be taken to be a subsidiary under the Corporations Law, whether or not the Corporations Law applies in the particular case) of any such business and 'transmission' includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and 'transmitted' has a corresponding meaning.

Appears in 2 contracts

Samples: Union Collective Agreement, Union Collective Agreement

Transmission of business. (a) Where a business is transmitted from an employer (transmittor) to another employer (transmittee), and an employee who at the time of such transmission was an employee of the transmittor of the business, becomes an employee of the transmittee: (i) the continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission; and (ii) the period of employment which the employee has had with the transmittor or any prior transmittor shall be deemed to be service of the employee with the transmittee. (b) In clause 3.8.33.9.3, businessincludes trade, process, business or occupation and includes a part or subsidiary (which means a corporation that would be taken to be a subsidiary under the Corporations Law, whether or not the Corporations Law applies in the particular case) of any such business and transmissionincludes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmittedhas a corresponding meaning.

Appears in 2 contracts

Samples: New Farm Clinic Support Services Certified Agreement 2006, Support Services Certified Agreement

Transmission of business. (a) Where a business is transmitted from an employer (transmittorin this clause “the transmitter”) to another employer (in this clause called the “transmittee), ”) and an employee who at the time of such transmission was an employee of the transmittor of the business, transmitter in that business becomes an employee of the transmittee: (ia) the continuity of the employment service of the employee shall be is deemed not to have been broken by reason of such transmission; and (iib) the period of employment service which the employee has had with the transmittor or any prior transmittor shall be transmitter is deemed to be service of the employee with the transmittee. (b) . In this clause 3.8.3, “business” includes trade, process, business or occupation and includes a part or subsidiary (which means a corporation that would be taken to be a subsidiary under the Corporations Law, whether or not the Corporations Law applies in the particular case) of any such business business, and “transmission” includes transfer, conveyance, assignment or succession whether by agreement or by operation of law law, and “transmitted” has a corresponding meaning.

Appears in 2 contracts

Samples: Facility Agreement, Services Agreement

Transmission of business. (a) Where a business is transmitted from an employer (transmittor) to another employer (transmittee), and an employee a Principal who at the time of such transmission was an employee a Principal of the transmittor of the business, becomes an employee a Principal of the transmittee: (i) i. the continuity of the employment of the employee shall Principal will be deemed not to have been broken by reason of such transmission; and (ii) . the period of employment which the employee Principal has had with the transmittor or any prior transmittor shall will be deemed to be service of the employee Principal with the transmittee. (b) In clause 3.8.33.4.3, 'business' includes trade, process, business or occupation and includes a part or subsidiary (which means a corporation that would be taken to be a subsidiary under the Corporations Law, whether or not the Corporations Law applies in the particular case) of any such business and 'transmission' includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and 'transmitted' has a corresponding meaning.

Appears in 1 contract

Samples: Principals’ Agreement

Transmission of business. (a) Where a the business is transmitted from an the employer (transmittor) to another employer (transmittee), and an employee who at the time of such transmission was an employee of the transmittor of the business, becomes an employee of the transmittee: (i) the continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission; and (ii) the period of employment which the employee has had with the transmittor or any prior transmittor shall be deemed to be service of the employee with the transmittee. (b) In clause 3.8.315.3, 'business' includes trade, process, business or occupation and includes a part or subsidiary (which means a corporation that would be taken to be a subsidiary under the Corporations Law, whether or not the Corporations Law applies in the particular case) of any such business and 'transmission' includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and 'transmitted' has a corresponding meaning.

Appears in 1 contract

Samples: Enterprise Agreement

Transmission of business. (a) Where a business is transmitted from an employer (transmittor) to another employer (transmittee), and an employee a principal who at the time of such transmission was an employee a principal of the transmittor of the business, becomes an employee a principal of the transmittee: (i) : i the continuity of the employment of the employee principal shall be deemed not to have been broken by reason of such transmission; and (ii) and ii the period of employment which the employee principal has had with the transmittor or any prior transmittor shall be deemed to be service of the employee principal with the transmittee. (b) In clause 3.8.33.4.3, 'business' includes trade, process, business or occupation and includes a part or subsidiary (which means a corporation that would be taken to be a subsidiary under the Corporations Law, whether or not the Corporations Law applies in the particular case) of any such business and 'transmission' includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and 'transmitted' has a corresponding meaning.

Appears in 1 contract

Samples: Employment Agreement

Transmission of business. (ai) Where a business is is, transmitted from an employer (transmittor) to another employer (transmittee), and an employee who at the time of such transmission was an employee of the transmittor of the business, becomes an employee of the transmittee: (i1) the continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission; and (ii2) the period of employment which the employee has had with the transmittor or any prior transmittor shall be deemed to be service of the employee with the transmittee. (bii) In clause 3.8.35.3(c), 'business' includes trade, process, business or occupation and includes a part or subsidiary (which means a corporation that would be taken to be a subsidiary under the Corporations Law, whether or not the Corporations Law applies in the particular case) of any such business and 'transmission' includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and 'transmitted' has a corresponding meaning.

Appears in 1 contract

Samples: Workplace Agreement

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Transmission of business. (a) Where a business is is, transmitted from an employer (transmittor) to another employer (transmittee), and an employee who at the time of such transmission was an employee of the transmittor of the business, becomes an employee of the transmittee: (i) the continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission; and (ii) the period of employment which the employee has had with the transmittor or any prior transmittor shall be deemed to be service of the employee with the transmittee. (b) In clause 3.8.34.4.3, 'business' includes trade, process, business or occupation and includes a part or subsidiary (which means a corporation that would be taken to be a subsidiary under the Corporations Law, whether or not the Corporations Law applies in the particular case) of any such business and 'transmission' includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and 'transmitted' has a corresponding meaning.

Appears in 1 contract

Samples: Employee Collective Agreement

Transmission of business. (a) Where a business is is, transmitted from an employer (transmittor) to another employer (transmittee), and an employee who at the time of such transmission was an employee of the transmittor of the business, becomes an employee of the transmittee: (i) the continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission; and (ii) the period of employment which the employee has had with the transmittor or any prior transmittor shall be deemed to be service of the employee with the transmittee. (b) In clause 3.8.34.3.2, 'business' includes trade, process, business or occupation and includes a part or subsidiary (which means a corporation that would be taken to be a subsidiary under the Corporations Law, whether or not the Corporations Law applies in the particular case) of any such business and 'transmission' includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and 'transmitted' has a corresponding meaning.

Appears in 1 contract

Samples: Workplace Agreement

Transmission of business. (a) 13.2.1. Where a the business is transmitted from an the employer (in this clause called the transmittor) to another employer (in the clause called the transmittee), and then an employee who at the time of such transmission was an employee of the transmittor of the business, becomes an employee of the transmittee, and: (i) i. the continuity of the employment of the employee shall be deemed not to have been broken by reason reasons of such transmission; and (ii) . the period of employment which the employee has had with the transmittor or any prior transmittor shall be deemed to be service of the employee with the transmittee. (b) iii. In this clause 3.8.3, “business” business includes trade, process, business or occupation and includes a part or subsidiary (which means a corporation that would be taken to be a subsidiary under the Corporations Law, whether or not the Corporations Law applies in the particular case) of any such business and “transmission” transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and “transmitted” transmitted has a corresponding meaning.

Appears in 1 contract

Samples: Certified Agreement

Transmission of business. (a) Where a business is is, transmitted from an employer (transmittor) to another employer (transmittee), and an employee who at the time of such transmission was an employee of the transmittor of the business, becomes an employee of the transmittee: (i) the continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission; and (ii) the period of employment which the employee has had with the transmittor or any prior transmittor shall be deemed to be service of the employee with the transmittee. (b) In clause 3.8.32.4.3, 'business' includes trade, process, business or occupation and includes a part or subsidiary (which means a corporation that would be taken to be a subsidiary under the Corporations Law, whether or not the Corporations Law applies in the particular case) of any such business and 'transmission' includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and 'transmitted' has a corresponding meaning.

Appears in 1 contract

Samples: Workplace Agreement

Transmission of business. (a) Where a business is transmitted from an employer (transmittortransmitter) to another employer (transmittee), and an employee who at the time of such transmission was an employee of the transmittor of the business, becomes an employee of the transmittee: (i) the continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission; and (ii) the period of employment which the employee has had with the transmittor or any prior transmittor transmitter shall be deemed to be service of the employee with the transmittee. (b) In clause 3.8.3clause3.3.3, 'business' includes trade, process, business or occupation and includes a part or subsidiary (which means a corporation that would be taken to be a subsidiary under the Corporations Law, whether or not the Corporations Law applies in the particular case) of any such business and 'transmission' includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and 'transmitted' has a corresponding meaning.

Appears in 1 contract

Samples: Employee Collective Agreement

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