Woolworths (South Australia and Northern Territory) Award, 2003
AP825337 - Woolworths (South Australia and Northern Territory) Award, 2003
43.1 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 referred to as 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.
43.2 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:
43.2.1 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 any entitlement of the employee to service-related periods of notice or severance payments; and
43.2.2 the provisions of subparagraphs under Clause 16 Redundancy shall not apply in respect of the termination of the employee's employment with the transmittor.
43.3 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 subparagraphs under Clause 16 Redundancy shall not apply in respect of the termination of the employee's employment with the transmittor so long as:
43.3.1 the offer is made before the transmission of the business, undertaking, establishment or part thereof; and
43.3.2 the terms and conditions of the new employment offered:
43.3.2(a) are not substantially different from those applying to the employment with the transmittor; or
43.3.2(b) are substantially different, but the offer constitutes an offer of suitable employment in relation to the employee; and
43.3.3 the employee unreasonably refuses to accept the offer.
