Aged Care Work Value Case Sample Clauses

Aged Care Work Value Case a) The Parties covered by this Agreement acknowledge the decisions made by the Fair Work Commission to vary modern awards to increase the minimum wages of aged care sector workers (AM2020/99, AM2021/63, AM2021/65) (the Work Value Applications). b) Where a percentage increase to wages in Schedule 3 is applicable under this clause, employees will be entitled to the greater of: a. the Estia Health Rates with the applicable Schedule 3 increase applied; or b. the Work Value Case Rates. c) Should the “Stage Three Decision” in the Work Vale case regarding Matter AM2021/63 result in Estia Health receiving net additional, Work-value case specific Government funding towards increasing the base rate of Employees or a group of Employees covered by this Agreement, Estia Health will pass on that funding by way of wage increases to the Estia Health Rates (not the Work Value Case Rates) applicable directly to those Employees, or group of Employees for which the additional funding has been granted subject to any obligations for payment which may be made by Government as a condition of receiving the additional funding. d) If the Government does not fully fund the “Stage Three Decision”, any such increase will be equivalent to the net amount granted for each relevant employee, less a portion of funding attributable to on-costs (e.g. increases in superannuation, payroll tax, workers compensation etc, arising from the increased rate of pay).
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Aged Care Work Value Case. Stage 3 10.1 The parties acknowledge that as at the commencement of this Agreement: (a) the 15% interim increase to Nurses Award and Aged Care Award rates for relevant classifications (Registered Nurses, Enrolled Nurses, Personal Care Workers, Lifestyle and Head Chefs/Cooks that are the most senior chef or cook engaged in a facility) arising from the Stage 2 proceedings of the Aged Care Work Value Case (ACWVC) (Matter Numbers: AM2020/99, AM2021/63 and AM2021/65) has been implemented and is reflected in Appendix 1 of this Agreement; and (b) a decision in relation to Stage 3 of the ACWVC has not been determined. 10.2 Subject to the Fair Work Commission handing down a decision under Stage 3 that provides for increases to Nurses Award and Aged Care Award rates for the equivalent classifications of relevant Employees, and the Commonwealth providing funding to the Employer in respect to those increases, the Employer and Unions covered by this Agreement will discuss how that Commonwealth funding will be passed on to the relevant Employees. 10.3 The Employer commits to: (a) meet with the Unions within 28 days of the decision of the Commission being known to discuss implementation; and (b) pass on all of any additional ACWV case funding for Stage 3 to relevant employees in a timely manner in accordance with any Commonwealth Wages Guidance (subject to the funding provided being sufficient to meet both substantive wages and on-costs); and (c) apply the increases set out in clause 8.1 above on the scheduled dates and in addition to any Stage 3 ACWV increases; and (d) seek to vary the wages schedule at Appendix A and any consequential provisions of this Agreement in accordance with the Act and in cooperation with the Unions. 10.4 For the purpose of this clause, “relevant Employees’ means those Employees to whom the Agreement applies and who are performing work which would have been covered by classifications in the Nurses Award 2020 or Aged Care Award 2010 that receive an increase in Award rates under the outcome of the Stage 3 proceedings, subject to variations arising from the ACWVC.
Aged Care Work Value Case. (a) The employer commits to passing on to employees covered by this Agreement any increase to wages resulting from the Aged Care Work Value Case, subject to the provision of government funding which funds the increases in full (including on-costs). This will be in addition to the increases set out in Schedule 1 (Wage Rates and Allowances) of this Agreement. (b) In implementing any outcome of the Aged Care Work Value Case, the employer commits to seek to vary Schedule 1 and any consequential provisions of this Agreement in a timely manner. (c) The employer will make a copy of the updated schedules available to employees via the usual means of communication.

Related to Aged Care Work Value Case

  • DRUG/ALCOHOL TESTING Section 33.1 Drug testing may be conducted on employees during their duty hours upon reasonable suspicion or randomly by computer selection. Alcohol testing will be conducted only upon reasonable suspicion. Reasonable suspicion that an employee used or is using a controlled substance or alcohol in an unlawful or abusive manner may be based upon, but not limited to: A. Observable phenomena, such as direct observation of drug or alcohol use or possession and/or the physical symptoms of being under the influence of a drug or alcohol; B. A pattern or abnormal conduct or erratic behavior, including abnormal leave patterns; C. Arrest or conviction for a drug or alcohol-related offense, or the identification of an employee as the focus of a criminal investigation into illegal drug or alcohol possession, use, or trafficking; D. Information provided either by reliable and credible sources or independently corroborated; E. Evidence that an employee has tampered with a previous drug test; F. Facts or circumstances developed in the course of an authorized investigation of an accident or unsafe working practices. Section 33.2 Drug/alcohol testing shall be conducted solely for administrative purposes and the results obtained shall not be used in criminal proceedings. Under no circumstances may the results of drug/alcohol screening or testing be released to a third party for use in a criminal prosecution against the affected employee. The following procedure shall not preclude the Employer from other administrative action but such actions shall not be based solely upon the initial reagent testing results alone. Section 33.3 All drug screening tests shall be conducted by laboratories meeting the standards of the Substance Abuse and Mental Health Service Administration. No test shall be considered positive until it has been confirmed by a Gas Chromatography/Mass Spectrometry. The procedures utilized by the Employer and testing laboratory shall include an evidentiary chain of custody control and split sample testing. All procedures shall be outlined in writing and this outline shall be followed in all situations arising under this article. Section 33.4 Alcohol testing shall be done in accordance with the law of the State of Ohio to detect drivers operating a motor vehicle under the influence. A positive result shall entitle the Employer to proceed with sanctions as set forth in this Article. Section 33.5 The results of the testing shall be delivered to a specified employee of the Employer with command responsibility and the employee tested. An employee whose confirmatory test result is positive shall have the right to request a certified copy of the testing results in which the vendor shall affirm that the test results were obtained using the approved protocol methods. The employee shall provide a signed release for disclosure of the testing results to the Employer. A representative for the bargaining unit shall have a right of access to the results upon request to the Employer, with the employee’s written consent. Refusal to submit to the testing provided for under this Agreement may be grounds for discipline. A. If a drug screening test is positive, a confirmatory test shall be conducted utilizing the fluid from the primary sample. B. In the event that any confirmation drug test results are positive, the employee is entitled to have the split sample tested by another DHHS-certified lab in the manner prescribed above at the employee’s expense. The employee must request the split sample test within seventy-two (72) hours of being notified of a positive result. The results of this test, whether positive or negative, shall be determinative. Section 33.7 A list of three (3) testing laboratories shall be maintained by the Employer. These laboratories shall conduct any testing directed by the Employer. The Employer shall obtain the approval of the bargaining unit representative as to any laboratories put on this list, which approval shall not be unreasonably withheld. Section 33.8 If after the testing required above has produced a positive result the Employer may require the employee to participate in any rehabilitation or detoxification program that is covered by the employee’s health insurance. Discipline allowed by the positive findings provided for above shall be deferred pending rehabilitation of the employee within a reasonable period. An employee who participates in a rehabilitation or detoxification program shall be allowed to use sick time and vacation leave for the period of the rehabilitation or detoxification program. If no such leave credits are available, the employee shall be placed on medical leave of absence without pay for the period of the rehabilitation or detoxification program. Upon completion of such program and upon receiving results from a retest demonstrating that the employee is no longer abusing a controlled substance/alcohol, the employee shall be returned to his/her former position. Such employee may be subject to periodic retesting upon his/her return to his/her position for a period of one (1) year from the date of his/her return to work. Any employee in a rehabilitation or detoxification program in accordance with this Article will not lose any seniority or benefits, should it be necessary for the employee to be placed on medical leave of absence without pay, for a period not to exceed ninety (90) days. Section 33.9 If the employee refuses to undergo rehabilitation or detoxification, or if he/she tests positive during a retesting within one (1) year after his/her return to work from such a program, the employee shall be subject to disciplinary action, including removal from his/her position and termination of his/her employment. Section 33.10 Costs of all drug screening tests and confirmatory tests shall be borne by the Employer except that any test initiated at the request of the employee shall be at the employee’s expense. Section 33.11 The Employer may conduct four (4) tests of an employee during the one (1) year period after the employee has completed a rehabilitation or detoxification program as provided above. Section 33.12 The provisions of this Article shall not require the Employer to offer a rehabilitation/detoxification program to any employee more than once.

  • Drug Testing (A) The state and the PBA agree to drug testing of employees in accordance with section 112.0455, F.S., the Drug-Free Workplace Act. (B) All classes covered by this Agreement are designated special risk classes for drug testing purposes. Special risk means employees who are required as a condition of employment to be certified under Chapter 633 or Chapter 943, F.S. (C) An employee shall have the right to grieve any disciplinary action taken under section 112.0455, the Drug-Free Workplace Act, subject to the limitations on the grievability of disciplinary actions in Article 10. If an employee is not disciplined but is denied a demotion, reassignment, or promotion as a result of a positive confirmed drug test, the employee shall have the right to grieve such action in accordance with Article 6.

  • Flexible Work Schedule A flexible work schedule is any schedule that is not a regular, alternate, 9/80, or 4/10 work schedule and where the employee is not scheduled to work more than 40 hours in the "workweek" as defined in Subsections F. and H., below.

  • Loop Provisioning Involving Integrated Digital Loop Carriers 2.6.1 Where Xxxx has requested an Unbundled Loop and BellSouth uses IDLC systems to provide the local service to the End User and BellSouth has a suitable alternate facility available, BellSouth will make such alternative facilities available to Xxxx. If a suitable alternative facility is not available, then to the extent it is technically feasible, BellSouth will implement one of the following alternative arrangements for Xxxx (e.g. hairpinning): 1. Roll the circuit(s) from the IDLC to any spare copper that exists to the customer premises. 2. Roll the circuit(s) from the IDLC to an existing DLC that is not integrated. 3. If capacity exists, provide "side-door" porting through the switch. 4. If capacity exists, provide "Digital Access Cross Connect System (DACS)- door" porting (if the IDLC routes through a DACS prior to integration into the switch). 2.6.2 Arrangements 3 and 4 above require the use of a designed circuit. Therefore, non- designed Loops such as the SL1 voice grade and UCL-ND may not be ordered in these cases. 2.6.3 If no alternate facility is available, and upon request from Xxxx, and if agreed to by both Parties, BellSouth may utilize its Special Construction (SC) process to determine the additional costs required to provision facilities. Xxxx will then have the option of paying the one-time SC rates to place the Loop.

  • Mail Order Catalog Warnings In the event that, the Settling Entity prints new catalogs and sells units of the Products via mail order through such catalogs to California consumers or through its customers, the Settling Entity shall provide a warning for each unit of such Product both on the label in accordance with subsection 2.4 above, and in the catalog in a manner that clearly associates the warning with the specific Product being purchased. Any warning provided in a mail order catalog shall be in the same type size or larger than other consumer information conveyed for such Product within the catalog and shall be located on the same display page of the item. The catalog warning may use the Short-Form Warning content described in subsection 2.3(b) if the language provided on the Product label also uses the Short-Form Warning.

  • Supplier Diversity Seller shall comply with Xxxxx’s Supplier Diversity Program in accordance with Appendix V.

  • DRUG AND ALCOHOL TESTING Employees may be tested for drugs and/or alcohol pursuant to the provisions of the Employer's Drug and Alcohol Testing Policy which is attached hereto and made a part of this Agreement as if more fully set forth herein.

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