7   Restructuring and Redundancy

7.2   Employer to require offer of similar position in restructuring situations

The employer will negotiate with the new employer, including whether the affected employees will transfer to the new employer on the same terms and conditions, and will include in the agreement reached with the new employer a requirement that the employee be offered a position with the new employer at the same or similar terms of employment.

INSERT OPTION 1c

7.2   Employer to require offer of negotiable position in restructuring situations

The employer will negotiate with the new employer, including whether the affected employees will transfer to the new employer on the same terms and conditions, and will include in the agreement reached with the new employer a requirement that the employee be offered a position with the new employer, at terms and conditions to be negotiated by the new employer and the employee.

INSERT OPTION 1c

7.2   Employer to use best endeavours to secure offer in resturucturing situations

The employer will negotiate with the new employer, including whether the affected employees will transfer to the new employer on the same terms and conditions, and will use best endeavours to secure the new employer’s agreement to offer employment to the employee.

INSERT OPTION 1c

7.2   Employer to provide employee opportunity to discuss options with new employer in restructuring situations

The employer will negotiate with the new employer, including whether the affected employees will transfer to the new employer on the same terms and conditions, and will provide the employee with opportunities to meet and discuss their employment options with a new employer.

INSERT OPTION 1c

Where the employee either chooses not to transfer to the new employer, or is not offered employment by the new employer, the employer will activate the redundancy provisions of this agreement

Where the employee either chooses not to transfer to the new employer, or is not offered employment by the new employer, the employer will give the employee priority in accessing other positions within the workplace.

Where the employee either chooses not to transfer to the new employer, or is not offered employment by the new employer, the employer will during their period of notice provide the employee with access to employment counselling.

Where the employee either chooses not to transfer to the new employer, or is not offered employment by the new employer, the employer will allow the employee absense from work on pay to undertake a job search or attend job interviews.

Where the employee either chooses not to transfer to the new employer, or is not offered employment by the new employer, the employer will allow provide a retraining allowance of insert amount.

Redundancy is a situation where the position of employment of an employee is or will become surplus to the requirements of the employer’s business.