AN150038 – Clerks (Retail Industry) Award

CLAUSE 4.6 TRANSMISSION
OPDATE 12:03:2004 on and from

4.6.1 Transmission of business

4.6.1.1 This clause applies where a business, undertaking or establishment, or any part of it, has been transmitted from an employer (the transmittor) to another employer (the transmittee).

4.6.1.2 Transmission without limiting its ordinary meaning, includes transfer, conveyance, assignment or succession, whether by agreement or operation of law. Transmitted has a corresponding meaning.

4.6.2 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 of it, becomes an employee of the transmittee:

4.6.2.1 the period of service that the employee has had with the transmittor or any prior transmittor will be deemed to be service of the employee with the transmittee for the purpose of calculating any entitlement of the employee to service-related periods of notice or severance payments; and

4.6.2.2 the provisions of clause 4.5 do not apply in respect of termination of the employees employment with the transmittor.

4.6.3 Offer of Employment with the transmittee

An employee is not entitled to benefits under clause 4.5 in respect of termination of employment resulting from transmission of the business, undertaking, establishment or part of it if:

4.6.3.1 the employee is offered employment by the transmittee;

4.6.3.2 the offer is made before the transmission of the business, undertaking, establishment or part of it;

4.6.3.3 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

4.6.3.4 the employee unreasonably refuses to accept the offer.