AN150029 – Carpenters & Joiners (General) Award 1993
OPDATE 14:01:93 1st pp on or after
(1) Transmission of Business
This clause shall have effect where a business, undertaking or establishment, or any part thereof, has, whether before or after the commencement of this clause, been transmitted from an employer (hereinafter called "the transmittor") to another employer (hereinafter called "the transmittee"). In this clause "transmission" means, without limiting its ordinary meaning, including transfer, conveyance, assignment or succession, whether by agreement or operation of law and "transmitted" has a corresponding meaning.
(2) Acceptance of Employment with Transmittee
Subject to further order of the Commission where a person who at the time of the transmission was an employee of the transmittor in that business, undertaking, establishment, or part thereof becomes an employee of the transmittee:
(i) the period of service which the employee has had with the transmittor or any prior transmittor shall be deemed to be service of the employee with the transmittee for the purpose of calculating entitlement of the employee to service-related period of notice or severance payments; and
(ii) the provisions of sub-paragraphs under Clause 29 Redundancy shall not apply in respect of the termination of the employee's employment with the transmittor.
(3) Offer of Employment with the Transmittee
Where a person who at the time of the transmission was an employee of the transmittor in that business, undertaking, establishment or part thereof is offered employment by the transmittee, the provisions of sub-paragraph (5) under Clause 29 Redundancy shall not apply in respect of the termination of the employee's employment with the transmittor provided that:
(i) the offer is made before the transmission of the business, undertaking, establishment or part thereof;
(ii) the terms and conditions of the new employment offered:
(a) are not substantially different from those applying to the employment with the transmittor;
or
(b) are substantially different, but the offer constitutes an offer of suitable employment in relation to the employee;
and
(iii) the employee unreasonably refuses to accept the offer.
