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69OB: Interpretation
or “This part explains the special words and information used when talking about employees changing jobs during business changes.”

You could also call this:

“You can ask for information about how much it costs to move workers when a business changes hands.”

You can ask for information about employee transfer costs in certain situations. You can ask for this information if you’re thinking about ending, starting, or changing an agreement that might lead to a restructuring of a business. This includes situations like contracting work out or transferring a business.

If you’re the person who might take over the work or business, you can ask for this information. If you’re the person who might give up the work or business, you might be asked to provide this information.

When you’re asked for this information, you need to give it in enough time for the other person to use it for their decision. You should provide the information about employee transfer costs that relates to the possible restructuring.

The information you give should be in a combined form, not individual details. You should try to protect the privacy of the employees when you give this information.

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Next up: 69OD: Provision of employee transfer costs information by other persons

or “Others must share information about employee moving costs when asked”

Part 6A Continuity of employment if employees' work affected by restructuring
Disclosure of information relating to transfer of employees

69OCDisclosure of employee transfer costs information

  1. A request for the disclosure of employee transfer costs information may be made either—

  2. where—
    1. disclosure is sought for the purpose of—
      1. deciding whether to terminate an agreement or let it expire; or
        1. negotiating an agreement; or
          1. deciding whether to enter into an agreement; or
            1. tendering for an agreement; and
            2. a restructuring would result if the agreement were to be—
              1. terminated or to expire; or
                1. concluded; or
                  1. entered into; or
                    1. awarded; or
                  2. where—
                    1. the restructuring referred to in paragraph (a)(ii) is a contracting out or a subsequent contracting; and
                      1. a subcontractor is engaged, before or at the same time as the restructuring, to perform the work, or some of the work, affected by the restructuring.
                      2. The persons who may make the request are—

                      3. the persons who would (if they were parties to the restructuring and the restructuring were to proceed) be—
                        1. person A in a contracting in:
                          1. person B in a contracting out:
                            1. person C in a subsequent contracting:
                              1. the person to whom an employer’s business (or part of it) is sold or transferred:
                              2. the persons who would (if the restructuring were to proceed and if the work were to be subcontracted before or at the same time as the restructuring) be—
                                1. a subcontractor engaged to perform the work for person B in a contracting out:
                                  1. a subcontractor engaged to perform the work for person C in a subsequent contracting.
                                  2. Repealed
                                  3. The persons to whom a request may be made are the persons who would, if the restructuring were to proceed and they were parties to the restructuring, be—

                                  4. person B in the definition of contracting in:
                                    1. person A in the definition of contracting out:
                                      1. person A in the definition of subsequent contracting:
                                        1. the seller or transferor in the case of the sale or transfer of an employer's business (or part of it).
                                          1. Repealed
                                          2. Repealed
                                          3. A person to whom a request is made for a purpose described in subsection (1)(a) must provide the information in sufficient time for the person who made the request to take the information into account for that purpose.

                                          4. A person to whom a request is made under subsection (3) must provide to the person who made the request under subsection (2) employee transfer costs information that relates to the proposed restructuring.

                                          5. Repealed
                                          6. Employee transfer costs information provided under this section must be provided—

                                          7. in aggregate form; and
                                            1. to the extent practicable, in a form that protects the privacy of the employees concerned.
                                              1. Repealed
                                              Notes
                                              • Section 69OC: inserted, on , by section 6 of the Employment Relations Amendment Act 2006 (2006 No 41).
                                              • Section 69OC(1): replaced, on , by section 45(1) of the Employment Relations Amendment Act 2014 (2014 No 61).
                                              • Section 69OC(2): replaced, on , by section 45(1) of the Employment Relations Amendment Act 2014 (2014 No 61).
                                              • Section 69OC(2A): repealed, on , by section 42 of the Employment Relations Amendment Act 2018 (2018 No 53).
                                              • Section 69OC(3A): repealed, on , by section 42 of the Employment Relations Amendment Act 2018 (2018 No 53).
                                              • Section 69OC(3B): repealed, on , by section 42 of the Employment Relations Amendment Act 2018 (2018 No 53).
                                              • Section 69OC(3C): inserted, on , by section 45(2) of the Employment Relations Amendment Act 2014 (2014 No 61).
                                              • Section 69OC(5): repealed, on , by section 45(3) of the Employment Relations Amendment Act 2014 (2014 No 61).
                                              • Section 69OC(7): repealed, on , by section 42 of the Employment Relations Amendment Act 2018 (2018 No 53).