Common use of CHANGE OF SERVICE PROVIDER Clause in Contracts

CHANGE OF SERVICE PROVIDER. In the event that the Company’s contract is terminated by Department of Home Affairs or the contract is not renewed, or the business is otherwise moved from the Company to another employer, (“other employer”) then the following arrangements will apply. (a) Where an Employee accepts employment with the other employer, and the other employer recognises the Employee’s period of employment with the Company as the Employee’s service for the purpose of calculating long service leave, accrued annual leave and redundancy severance pay (see clause 13(b); or (b) Where an Employee rejects an offer of comparable employment with the other employer and which contains terms and conditions that are no less favourable, considered on an overall basis, than the terms and conditions applicable to the Employee at the time of ceasing employment with the Company; and which recognises the Employee’s period of employment with the Company as service for the purposes referred to in clause 14(a). then the Company subject to the provisions of the National Employment Standards will not be under any obligation to make any redundancy payment to the Employee upon termination of his/her employment with the Company. (c) The Company will notify Employees as soon as practicable, when it becomes aware that the Company’s contract is to be terminated, or not renewed, or the business otherwise moved to another employer. The notification to Employees will be in writing, containing options (if any) and details for comparable alternative employment for Employees within the Company. If requested by the other employer, the Company will provide to the successful tenderer a list of Employees who have given permission for their details to be so provided and who wish to be considered for employment by the other employer. The Company will provide any Employee whose employment is terminated as a result of a change of service provider with notification in writing of that termination, including details of the Employee’s entitlements (including accrued annual leave) and a statement of service (including length of service, hours of work, classification and shift configuration). The Company will use best endeavours to facilitate a meeting between the other employer and outgoing Employees who are not offered suitable alternative employment within the Company.