69OI Interpretation

(1)

In this subpart, unless the context otherwise requires,—

employee means an employee to whom Schedule 1A does not apply

employee protection provision means a provision—

(a)

the purpose of which is to provide protection for the employment of employees affected by a restructuring; and

(b)

that includes—

(i)

a process that the employer must follow in negotiating with a new employer about the restructuring to the extent that it relates to affected employees; and

(ii)

the matters relating to the affected employees’ employment that 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 of employment; and

(iii)

the process to be followed at the time of the restructuring to determine what entitlements, if any, are available for employees who do not transfer to the new employer

new employer, in relation to a restructuring, means,—

(a)

in the case of a contracting out, person B in the definition of that term; or

(b)

in the case of a sale or transfer of a business, the person to whom the business is sold or transferred

restructuring

(a)

means—

(i)

contracting out; or

(ii)

selling or transferring the employer’s business (or part of it) to another person; but

(b)

to avoid doubt, does not include—

(i)

contracting in; or

(ii)

subsequent contracting; or

(iii)

in the case of an employer that is a company, the sale or transfer of any or all of the shares in the company; or

(iv)

any contract, arrangement, sale, or transfer entered into, made, or concluded while the employer is adjudged bankrupt or in receivership or liquidation.

(2)

For the purposes of this subpart, an employee is an affected employee if,—

(a)

as a result of a restructuring, the employee is, or will be, no longer required by his or her employer to perform the work performed by the employee; and

(b)

the type of work performed by the employee (or work that is substantially similar) is, or is to be, performed by or on behalf of another person.

(3)

Any term or expression defined in subpart 1 and used but not defined in this subpart has the same meaning as in subpart 1.

Section 69OI: inserted, on 14 September 2006, by section 6 of the Employment Relations Amendment Act 2006 (2006 No 41).