Application of this clause. (a) Where an Employer wishes to deal with performance issues of an Employee, they will be dealt with in accordance with this clause 15.
(b) Where an Employer has concerns about a performance issue that may constitute misconduct, they will be dealt with in accordance with clause 16 (Discipline). Where this occurs, the performance management process in subclauses 15.3(c), (d) and (e) will still apply where appropriate.
Application of this clause. (a) The Recipient must ensure that any subcontract entered into for the purpose of this Agreement contains an equivalent clause granting the rights specified in this clause 9.
(b) This clause 9 applies for the duration of the Agreement Period and for a period of seven years from the termination or expiry of this Agreement.
Application of this clause. Unless otherwise agreed by the Parties, clauses 11.3 to 11.6 do not apply:
Application of this clause. This clause 8 applies to each Easement in this Instrument, except for any Easement which is a positive covenant, restrictive covenant or restriction on use.
Application of this clause. If the Property forms part of a Strata Scheme, the provisions of this clause 17 apply.
Application of this clause. This clause 22 applies only where the Recipient deals with personal information provided to the Recipient by the Commonwealth, for the purpose of, completing the Project under this Agreement.
Application of this clause. This clause 6 will only apply to this agreement if the intern does not hold a Visa and has stated this where required in the application form.
Application of this clause. (a) This clause shall apply in respect of full-time and part-time Employees employed in the classifications specified by the Agreement.
(b) Subclauses 23.4 and 23.5 shall only apply to Employers who employ 15 or more staff immediately prior to the termination of employment.
(c) Notwithstanding anything contained elsewhere in this Agreement, the provisions of subclauses 23.4 and 23.5 shall not apply to Employees with less than one year’s continuous service.
(d) This clause shall not apply:
(i) where employment is terminated as a consequence of conduct that justifies instant dismissal;
(ii) in the case of casual Employees or apprentices;
(iii) in the case of Employees who were engaged for, and whose employment terminated at the conclusion of, a specific period of time or a specified task or tasks; or
(iv) where employment is terminated due to the ordinary and customary turnover of labour.
Application of this clause. This clause 36 only applies where the Project Agreement or a subcontract is a Commonwealth contract.
Application of this clause. All employees may be requested to work public holidays to meet the operational requirements of the Company's business; employees have the right to refuse any such request if the refusal is reasonable. Employees who work their ordinary hours of work from Tuesday to Saturday will be entitled to a substitute day of paid leave where a Public Holiday falls on a Monday. Where a shift worker or part-time employee was not otherwise rostered to work or would not have been required to work on a particular public holiday (because of regular shift arrangements, part-time work arrangements, or another reason), that employee will not be paid for the public holiday.
