Common use of Application to Panel Clause in Contracts

Application to Panel. where not subject to an existing classification (a) Where the circumstances in subclause 14.1(a)(i) arise, a written notification to the Panel will be made as follows: (i) By the Employer within 14 days of the matter arising under subclause 14.1(a)(i); (ii) By the Employee and/or their representative (such as the ANMF) where: (A) the Employer has been notified in writing of the intention to make an application to the Panel; (B) 28 days have elapsed since that written notification without the Employer having made an application to the Panel in relation to the identified position/s; (C) the Employer and the Employee (and the Employee’s representative) have met and discussed the proposed application and the outcome of the discussion confirmed in writing; and (D) the Employer and Employee (and their representatives where relevant) have cooperated to ensure a meeting occurs within 28 days of subclause 14.3(a)(ii)(A). (iii) Where an Employer fails to cooperate and meet as required at subclauses 14.3(a)(ii)(C) or (ii)(D), this does not prevent an Employee making an application to the Panel. (iv) Where an Employee (or representative) fails to cooperate and meet as required at subclauses 14.3(a)(ii)(C) or (ii)(D), this will result in the Panel not dealing with the application until that meeting occurs. (b) Where an application is received, the Chairperson will notify the applicable Union/s and VHIA in writing.

Application to Panel. where not subject to an existing classification (a) Where the circumstances in subclause 14.1(a)(i) arise, a written notification to the Panel will be made as follows: (i) By the Employer within 14 days of the matter arising under subclause 14.1(a)(i); (ii) By the Employee and/or their representative (such as the ANMF) where: (A) the Employer has been notified in writing of the intention to make an application to the Panel; (B) 28 days have elapsed since that written notification without the Employer having made an application to the Panel in relation to the identified position/s;; and (C) the Employer and the Employee (and the Employee’s representative) have met and discussed the proposed application and the outcome of the discussion confirmed in writing; and (D) the Employer and Employee (and their representatives where relevant) have cooperated to ensure a meeting occurs within 28 days of subclause 14.3(a)(ii)(A). (iii) Where an Employer fails to cooperate and meet as required at subclauses subclause 14.3(a)(ii)(C) or (ii)(DD), this does not prevent an Employee making an application to the Panel. (iv) Where an Employee (or representative) fails to cooperate and meet as required at subclauses subclause 14.3(a)(ii)(C) or (ii)(DD), this will result in the Panel not dealing with the application until that meeting occurs. (b) Where an application is received, the Chairperson will notify the applicable Union/s and VHIA in writing.

Application to Panel. where not subject to an existing classification (a) Where the circumstances in subclause 14.1(a)(i) arise, a written notification to the Panel will be made as follows: (i) By the Employer within 14 days of the matter arising under subclause 14.1(a)(i); (ii) By the Employee and/or and their representative (such as the ANMF) where: (A) the Employer has been notified in writing of the intention to make an application to the Panel; (B) 28 days have elapsed since that written notification without the Employer having made an application to the Panel in relation to the identified position/s;; and (C) the The Employer and the Employee (and the Employee’s representative) have met and discussed the proposed application and the outcome of the discussion confirmed in writing; and (D) the The Employer and Employee (and their representatives where relevant) have cooperated to ensure a meeting occurs within 28 days of subclause 14.3(a)(ii)(A14.2(a). (iii) Where an Employer fails to cooperate and meet as required at subclauses subclause 14.3(a)(ii)(C) or (ii)(DD), this does not prevent an Employee making an application to the Panel. (iv) Where an Employee (or representative) fails to cooperate and meet as required at subclauses subclause 14.3(a)(ii)(C) or (ii)(D), this D) in meeting as described at C or D will result in the Panel not dealing with the application until that meeting occurs. (b) Where an application is received, the Chairperson will notify the applicable Union/s and VHIA in writing.