Application and Incidence Sample Clauses

Application and Incidence. This Agreement shall cover and apply to: i) Orica Australia Pty Ltd (the Company), and ii) Employees who are employed by the Company at Boggabri Site in the classifications listed in clause 11.1.1 iii) This Agreement can be extended to cover employees at any new business won by the Company within the Gunnedah basin, during the term of the Agreement, provided that the classifications of work at these sites or site are listed in Clause 11. 1.1 The Mining and Energy Union (MEU), as bargaining representative for Employees whom they are entitled to represent in relation to the negotiations for this Agreement, may apply to FWC to be covered in accordance with the Act.
Sample 1
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Application and Incidence. (a) The industry and callings covered by this Agreement are those generally referred to as mechanical repairs; (b) This agreement covers all work associated with the current Port Kembla based business. Discussions will take place with the consultative committee where full-time permanent work is required at other locations.
Sample 1
Application and Incidence. 2.1 This Agreement shall apply to all work done on the Project by the employees, for the period that such employees are engaged to work on the Project at the Caltex Kurnell Refinery, Xxxxxxxx Street, Kurnell NSW 2231. This Agreement covers wages and conditions for all employees so employed. 2.2 Where Xxxxxxx engages, on behalf of Caltex, sub contractor/s, it shall make it a condition of any contract that it enters into with subcontractor/s that it will not employ or otherwise engage persons on wages and conditions, which are less favorable than those set out in this Project Agreement 2.3 The Parties also acknowledge and agree that the terms of this Agreement form part of the tender conditions for work on this Project. 2.4 This Agreement is generally intended to supplement and co-exist within the terms of existing Enterprise Agreements and Awards and its primary purpose is to provide a framework for the Employers, the Labor Council and the Unions, to manage those issues on the Project that affect more than one Employer. 2.5 This Agreement does not apply to: employees of Caltex employees of contractors and sub contractors, engaged on operations, maintenance, shut-down or OSBL tie-ins work other than those employees working on the Project as defined. Management, Supervisory Engineers/Technicians/Surveyors Personnel Clerical and administration personnel Paramedics or medical staff Employees installing utility or statutory body services such as telecommunications, water, power or gas Work on off site infrastructure manufacture or fabrication of goods, materials and equipment whether associated with the work or not. 2.6 It is agreed that where employees of any contractor engaged to undertake work on the Project have an Enterprise Agreement certified under the Workplace Relations Act or approved under the Industrial Relations Act 1996 (NSW) and the benefits of the Enterprise Agreement as a whole provide better benefits than this Agreement then such contractor shall top-up the payments made to those employees to ensure the employees do not suffer any disadvantage in the benefits to which they are entitled as a whole. The Project Productivity Allowance shall not be included in the monetary amounts used for the no disadvantage comparison of this Agreement and any contractors Enterprise Agreement. That is, the Project Productivity Allowance shall be payable in addition to all other remuneration otherwise applicable.
Sample 1
Application and Incidence. This agreement shall apply at the Norske Xxxx, Albury Mill, in respect of all those employees who are engaged in newsprint manufacturing and associated operations and who are engaged in any of the classifications or occupations specified in clause 22 and clause 23 of this agreement (“the employees”).
Sample 1
Application and Incidence. This Agreement shall apply to and be binding on Orica Australia Pty Ltd (The Company), and the Construction, Forestry, Mining and Energy Union (Mining & Energy Division). The Agreement applies to persons who are employed by the Company at the operations listed in Appendix A. This agreement applies to the classifications listed in Table 1 Clause 11. Appendix K applies exclusively to Surat Basin employees. Where there is any inconsistency between Appendix K and any other term/s of this Agreement, the term/s of Appendix K shall apply. Where the nature of work at these sites or sites that are a result of new business requires variations to the conditions of this Agreement, these site-specific conditions will be agreed between the parties to this agreement and shall prevail over the Agreement to the extent of any inconsistencies where the variations have been registered with the Workplace Authority.
Sample 1
Application and Incidence. This Agreement shall apply to all relevant employees of XxXxxxxxx’x Consumer Products, 000 Xxxxxxx Xxxxxx, Xxxxxxxxxx.
Sample 1
Application and Incidence. This Appendix applies to the named employees in clause 4 of this Appendix whilst employed by SKILLED Group Ltd to perform maintenance activities at Xxxxxxx Xxxxx Geelong. This Appendix shall operate in conjunction with Part 3 of this Agreement save where the provisions of this Appendix vary from the terms of Part 3 of this Agreement, the terms of this Appendix shall prevail to the extent of inconsistency.
Sample 1
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Application and Incidence. This Agreement applies to Alinta Asset Management 3 Pty Limited and Alinta Asset Management 4 Pty Limited and Employees within the scope of the classification structure at Appendix A and Appendix B and shall apply in NSW and the ACT. This Agreement shall operate from the first pay period on or after the date of lodgement with the Workplace Authority and shall remain in force until 30 June 2009.
Sample 1

Related to Application and Incidence

  • Presentation of Potential Target Businesses The Company shall cause each of the Initial Shareholders to agree that, in order to minimize potential conflicts of interest which may arise from multiple affiliations, the Initial Shareholders will present to the Company for its consideration, prior to presentation to any other person or company, any suitable opportunity to acquire an operating business, until the earlier of the consummation by the Company of a Business Combination or the liquidation of the Company, subject to any pre-existing fiduciary obligations the Initial Shareholders might have.

  • Application of Agreement If the Company has secured work outside of the County of Cumberland, an employee whom normally works within the County of Cumberland: i) Will be paid at the rates outlined in this agreement if specifically requested by the Company to work on that site. ii) May be offered work at that location at the rates that apply for that area and if applicable, taking into account clause 27, Distant Work. iii) May determine that redundancy would be more appropriate. Where there is any inconsistency between this Agreement and the Parent Award, the Agreement shall prevail to the extent of the inconsistency.

  • Equality, Diversity and Inclusion The Supplier shall ensure that it does not, whether as an employer or provider of services and/or goods, discriminate within the meaning of the Equality Legislation. The Supplier shall comply with any equality or diversity policies or guidelines included in the British Council Requirements.

  • Application for Enforcement In the event the Company fails to make timely payments as set forth in Sections 6 or 7(b) above, Indemnitee shall have the right to apply to any court of competent jurisdiction for the purpose of enforcing Indemnitee’s right to indemnification or advancement of expenses pursuant to this Agreement. In such an enforcement hearing or proceeding, the burden of proof shall be on the Company to prove that indemnification or advancement of expenses to Indemnitee is not required under this Agreement or permitted by applicable law. Any determination by the Company (including its Board of Directors, stockholders or independent counsel) that Indemnitee is not entitled to indemnification hereunder, shall not be a defense by the Company to the action nor create any presumption that Indemnitee is not entitled to indemnification or advancement of expenses hereunder.

  • Maintenance of Status The Borrower will maintain its separate corporate existence and remain in good standing under the laws of the Xxxxxxxx Islands.

  • Voluntariness and Consequences of Consent Denial or Withdrawal The Participant’s participation in the Plan and the Participant’s grant of consent is purely voluntary. The Participant may deny or withdraw his or her consent at any time. If the Participant does not consent, or if the Participant withdraws his or her consent, the Participant cannot participate in the Plan. This would not affect the Participant’s salary as an employee or his or her career; the Participant would merely forfeit the opportunities associated with the Plan.

  • Application of Insufficient Payments If at any time insufficient funds are received by and available to the Administrative Agent to pay fully all amounts of principal, unreimbursed LC Disbursements, interest and fees then due hereunder, such funds shall be applied (i) first, towards payment of interest and fees then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of interest and fees then due to such parties, and (ii) second, towards payment of principal and unreimbursed LC Disbursements then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of principal and unreimbursed LC Disbursements then due to such parties.

  • – ORIENTATION AND IN SERVICE 20.01 An orientation and in service program will be provided to all employees. These programs shall be reviewed and discussed from time to time by members of the Union-Management Committee. 20.02 A newly employed employee shall not be placed in charge, until she has been fully oriented to the home. 20.03 The following minimums shall be observed in the orientation/familiarization of a newly hired employee: (a) She is to be familiarized with the physical aspects of the building, the applicable policies and procedures of the Employer, and the daily routine of employees in the Home. (b) The period of orientation/familiarization shall be for a minimum of five (5) days or such greater period that the Employer deems necessary. (c) She shall be an additional employee to the usual staffing pattern. (d) The employee or employees involved in the orientation/familiarization will confirm that it has been completed, and this will be noted on the newly hired employee's personnel file, which will be reviewed with such employee, and the employee shall also be able to comment. (e) The employee may request up to three (3) additional days of paid orientation. When making her request, the employee will specify her learning needs and discuss with the Director of Care the development of the orientation learning plan. This request will not be unreasonably denied. (f) Notwithstanding the above, orientation/familiarization when an employee is transferred to a new unit/shift will be provided as required. (g) The Employer may, at its discretion, provide orientation in other circumstances. 20.04 Both the Employer and the Union recognize the joint responsibility and commitment to provide, and participate in, in-service education. The Union supports the principle of its members' responsibility for their own professional development and the Employer will endeavour to provide programmes related to the requirements of the Home. Programmes will be publicized and related material will be made readily accessible to staff in a timely manner. Any problems in accessing this information will be reported to the Union- Management Committee for resolution. (a) When an employee is required by the Employer to attend any in-service program or e-learning within the Home during her or his regularly scheduled working hours the employee shall suffer no loss of regular pay. (b) When an employee is required by the Employer to prepare for in service or to attend meetings, in service and other work related functions outside her regularly scheduled working hours, and the employee does attend same, she shall be paid for all time spent on such attendance at her regular straight time hourly rate of pay or at the employee's option, she shall receive equivalent time off. When an employee is required by the Employer to complete an e-learning programme outside her regularly scheduled working hours, she shall be paid for all time spent completing such learning at her regular straight time hourly rate of pay or at the employee's option, she shall receive equivalent time off. Part-time employees will be credited with seniority and service for all such hours paid as provided above while in attendance at in-services, meetings, and completing e-learning. (c) The Employer will endeavour where practical to schedule in-services at times which will facilitate the attendance of employees working outside the day shift. 20.06 When required by a certifying body to update an employee's qualifications, except where this matter is covered by another provision of the collective agreement, the Employer shall grant leave of absence without pay which shall include the time required to write any examinations. 20.07 The Employer undertakes to notify the Union in advance, so far as practicable, of any technological changes which the Employer has decided to introduce which will significantly change the employment status of the employee(s) within the bargaining unit. The Employer agrees to discuss with the Union the effect of such technological changes on the employment status of the employee(s) and to consider practical ways and means of minimizing the adverse effect, if any, on the employee(s) concerned. Employees who are subject to layoff due to technological change will then be given notice of such layoff at the earliest reasonable time and in keeping with the requirements of the applicable legislation and the provisions of Article 9.11 to

  • Application of Seniority Seniority shall be the controlling factor in the following situations:

  • Application of Prepayments Reductions (i) Any prepayment of any Loan pursuant to Section 2.07(a) shall be applied as specified by the Borrower in the applicable notice of prepayment; provided, in the event the Borrower fails to specify the Loans to which any such prepayment shall be applied, such prepayment shall be applied to prepay each Class of outstanding Loans on a pro rata basis and, within each Class, to reduce the remaining scheduled installments of principal in direct order of maturity. (ii) Any amount required to be paid pursuant to Section 2.07(b)(i) and Section 2.07(b)(iv) shall be applied ratably to each Class of outstanding Loans and, within each such Class, (i) first, to reduce the next eight scheduled payments required under Section 2.06(a) (or the applicable Incremental Amendment, Refinancing Amendment or Extension Amendment) in direct order of maturity and (ii) second, to the remaining scheduled payments required thereunder on a pro rata basis; provided that, if at the time any amount is required to be paid pursuant to Section 2.07(b)(i) the Borrower is required to offer to repurchase or prepay Permitted Pari Passu Refinancing Debt or Incremental Equivalent Debt pursuant to the terms of the documentation governing such Indebtedness with Net Cash Proceeds received from an Asset Sale or Recovery Event (such Permitted Pari Passu Refinancing Debt or Incremental Equivalent Debt required to be offered to be so repurchased or prepaid, “Other Applicable Indebtedness”), then the Borrower may apply such Net Cash Proceeds on a pro rata basis (determined on the basis of the aggregate outstanding principal amount of the Loans and Other Applicable Indebtedness at such time; provided that the portion of such proceeds allocated to Other Applicable Indebtedness shall not exceed the amount of such proceeds required to be allocated to the Other Applicable Indebtedness pursuant to the terms thereof, and the remaining amount, if any, of such Net Cash Proceeds shall be allocated to the Loans in accordance with the terms hereof) to the prepayment of the Loans and to the repurchase or prepayment of such Other Applicable Indebtedness, and the amount of prepayment of the Loans that would otherwise have been required pursuant to Section 2.07(b)(i) shall be reduced accordingly; provided, further, that to the extent the holders of Other Applicable Indebtedness decline to have such Indebtedness purchased or prepaid, the declined amount shall promptly (and in any event within 10 Business Days after the date of such rejection) be applied to prepay the Loans in accordance with the terms hereof. (iii) Any amount required to be paid pursuant to Section 2.07(b)(ii) and Section 2.07(b)(v) shall be applied ratably to each Class of outstanding Loans and, within each such Class, to the remaining scheduled payments required thereunder on a pro rata basis. (iv) Any amount required to be paid pursuant to Section 2.07(b)(iii) shall be applied ratably to each Class of outstanding Loans and, within each such Class, (i) first, to reduce the next eight scheduled payments required under Section 2.06(a) (or the applicable Incremental Amendment, Refinancing Amendment or Extension Amendment) in direct order of maturity and (ii) second, to the remaining scheduled payments required thereunder on a pro rata basis; provided that any prepayment of Loans with the Net Cash Proceeds of Credit Agreement Refinancing Indebtedness shall be applied solely to each applicable Class of Credit Agreement Refinanced Debt. (v) Anything contained herein to the contrary notwithstanding, in the event the Borrower is required to make any mandatory prepayment (a “Waivable Mandatory Prepayment”) of the Loans (other than any prepayment pursuant to Section 2.07(b)(v)), not less than five Business Days prior to the date (the “Required Prepayment Date”) on which the Borrower is required to make such Waivable Mandatory Prepayment, the Borrower shall notify the Administrative Agent of the amount of such prepayment, and the Administrative Agent will promptly thereafter notify each Lender holding an outstanding Loan of the amount of such Lender’s pro rata share of such Waivable Mandatory Prepayment and such Lender’s option to refuse such amount (such declined amount, the “Declined Proceeds”). Each such Lender may exercise such option by giving written notice to the Borrower and the Administrative Agent of its election to do so on or before the third Business Day prior to the Required Prepayment Date (it being understood that any Lender which does not notify the Borrower and the Administrative Agent of its election to exercise such option on or before the third Business Day prior to the Required Prepayment Date shall be deemed to have elected, as of such date, not to exercise such option). Any Declined Proceeds may be retained by the Borrower.

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