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the MEA - ASU NSW

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39.6.2 This provision does not apply in circumstances involving transmission of businessas set in 39.8.39.7 Job search entitlement39.7.1 During <strong>the</strong> period of notice of termination given by <strong>the</strong> employer in accordancewith 36, an employee shall be allowed up to one day’s time off without loss ofpay during each week of notice for <strong>the</strong> purpose of seeking o<strong>the</strong>r employment.39.7.2 If <strong>the</strong> employee has been allowed paid leave for more than one day during <strong>the</strong>notice period for <strong>the</strong> purpose of seeking o<strong>the</strong>r employment, <strong>the</strong> employee shall, at<strong>the</strong> request of <strong>the</strong> employer, be required to produce proof of attendance at aninterview or he or she shall not receive payment for <strong>the</strong> time absent. For thispurpose a statutory declaration will be sufficient.39.7.3 The job search entitlements under this subclause apply in lieu of <strong>the</strong> provisions of36.3.39.8 Transmission of business39.8.1 The provisions of this clause are not applicable where a business is before or after<strong>the</strong> date of this agreement, transmitted from an employer (in this subclause called<strong>the</strong> transmittor) to ano<strong>the</strong>r employer (in this subclause called <strong>the</strong> transmittee),in any of <strong>the</strong> following circumstances:39.8.1(a)39.8.1(b)Where <strong>the</strong> employee accepts employment with <strong>the</strong> transmittee whichrecognises <strong>the</strong> period of continuous service which <strong>the</strong> employee had with<strong>the</strong> transmittor and any prior transmittor to be continuous service of <strong>the</strong>employee with <strong>the</strong> transmittee; orWhere <strong>the</strong> employee rejects an offer of employment with <strong>the</strong> transmittee:• in which <strong>the</strong> terms and conditions are substantially similar and no lessfavourable, considered on an overall basis, than <strong>the</strong> terms andconditions applicable to <strong>the</strong> employee at <strong>the</strong> time of ceasingemployment with <strong>the</strong> transmittor; and• which recognises <strong>the</strong> period of continuous service which <strong>the</strong> employeehad with <strong>the</strong> transmittor and any prior transmittor to be continuousservice of <strong>the</strong> employee with <strong>the</strong> transmittee.39.9 Employees exemptedThis clause does not apply to:• employees terminated as a consequence of serious misconduct that justifiesdismissal without notice;• probationary employees;Community Sector Multiple Enterprise Agreement 2009

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