AN160068 – Clerks (Unions and Labor Movement) Award 2004

30. - TRANSMISSION OF BUSINESS

(1) (a) Where a business is before, or after the date of this award, transmitted from an employer (in this paragraph called the transmittor) to another employer (in this paragraph called the transmittee) and an employee who at the time of such transmission was an employee of the transmittor in that 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 this clause “business” includes trade, process, business or occupation and includes part of any such business; transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law; and transmitted has a corresponding meaning.

(2) Where a business has been transmitted from one employer to another and the employee’s service has been deemed continuous in accordance with subclause (1), the sick leave, annual leave and any other standing leave entitlement under this award to the credit of the employee at the date of transmission from service with the transmittor shall stand to the credit of the employee at the commencement of service with the transmittee and may be claimed in accordance with the provisions of this award.

(3) The transmission of business provisions for long service leave are set out in Volume 84 of the “Western Australian Industrial Gazette” at pages 1 to 4 inclusive are hereby incorporated in and shall be deemed to be part of this award except that the date of the first day of April, 1958 in subclause (2) of clause (2) is to be amended to read the twenty-fourth day of December, 1958.