AVAILABILITY PROVISION. The parties agree that due to the nature of supplying Medical Laboratory Services to the DHB and the Community that an ‘Availability Provision’ in accordance with section 67D of the Employment Relations Act 2000 is reasonably necessary in all the circumstances.
AVAILABILITY PROVISION. By mutual agreement between a core group employee and the Employer, a core group employee will leave work or not report for work subject to the following provisions:
(a) Employees who are away from work for one day or less must be available to return to work on one hour's notice.
(b) Employees who are away from work for more than one day must be available to return to work on one day's notice.
(c) Employees will be paid sixty-five percent (65%) of their hourly rate when absent.
(d) Employees will be guaranteed a minimum of 1957.5 hours per pay year (annual hours).
(e) Overtime hours, (not pay) will be included as part of the annual hours.
(f) Employees may choose to use banked CTO or borrow from future CTO to top up to 100% of pay when absent. This top up money will not count toward the annual hours.
(g) Pension contributions will be based on a minimum of 1957.5 hours pay per year.
(h) Except as stated above, employees will be covered by all the benefits and provisions of the Collective Agreement as though they had been working full-time.
AVAILABILITY PROVISION. By mutual agreement between a regular employee and his/her shift supervisor, xxxxxxx, operations manager, or general manager, a regular employee will leave work or not report for work, subject to the following provisions;
AVAILABILITY PROVISION. By mutual agreement between a regular employee and the Employer, a regular employee will leave work or not report for work subject to the following provisions:
(a) Employees who are away from work for one (1) day or less must be available to return to work on one (1) hour's notice.
(b) Employees who are away from work for more than one (1) day must be available to return to work on one (1) day's notice.
(c) Employees will be paid sixty-five percent (65%) of their hourly rate when absent.
(d) Employees will be guaranteed a minimum of nineteen hundred fifty-seven and one-half (1957½) hours per pay year (annual hours).
(e) Overtime hours, (not pay) will be included as part of the annual hours.
(f) Employees may choose to use banked CTO or borrow from future CTO to top up to one hundred percent (100%) of pay when absent. This top up money will not count toward the annual hours.
(g) Pension contributions will be based on a minimum of nineteen hundred fifty-seven and one-half (1957½) hours pay per year.
(h) Except as stated above, employees will be covered by all the benefits and provisions of the collective agreement as though they had been working full-time.
AVAILABILITY PROVISION. If an employer wishes to have the ability to require an employee to perform additional hours of work above their agreed minimum hours, the employment agreement must include an "availability provision" which meets the requirements of the ERA. In particular: • the employer must have genuine reasons based on reasonable grounds to include a clause requiring an employee to be available for additional hours • the number of additional hours that the employee is required to be available must be stated in the clause (the employer must have genuine reasons based on reasonable grounds for the number stated), and • the employee must be paid reasonable compensation for making themselves available for those additional hours (irrespective of whether those hours are actually worked). An employee is entitled to turn down or refuse to work any hours which are not guaranteed to them in their employment agreement, or which do not fall within an availability provision which meets the requirements set out above. You will need to make adjustments to this part of the IEA as appropriate.
