Coverage and Application. 1. This Agreement shall apply with respect to the avoidance or settlement of all disputes arising between the Parties under the covered agreements. Unless otherwise provided in this Agreement or any other covered agreement, this Agreement shall apply to all disputes between the Parties.
2. The rules and procedures of this Agreement shall apply subject to special or additional rules and procedures on dispute settlement, if any, contained in the other covered agreements. To the extent that there is a conflict between the rules and procedures of this Agreement and such special or additional rules and procedures on dispute settlement contained in a covered agreement, the special or additional rules and procedures shall prevail. In disputes involving rules and procedures under more than one covered agreement, if there is a conflict between special and additional rules and procedures of such covered agreements, the chair of the arbitral panel, in consultation with the parties to the dispute, shall determine the rules and procedures to be followed for that dispute within ten (10) days after a request by any party to the dispute.
3. The provisions of this Agreement may be invoked in respect of measures affecting the operation of any covered agreement taken within the territory of a Party by:
(a) central, regional or local governments and authorities; or
(b) non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities.
4. Subject to paragraph 5, nothing in this Agreement shall prejudice any right of the Parties to have recourse to dispute settlement procedures available under any other treaty to which they are parties.
5. Once dispute settlement proceedings have been initiated under this Agreement or under any other treaty to which the parties to a dispute are parties concerning a particular right or obligation of such Parties arising under the covered agreements or that other treaty, the forum selected by the complaining party shall be used to the exclusion of any other for such dispute.
6. For the purposes of paragraphs 4 and 5, the complaining party shall be deemed to have selected a forum when it has requested the establishment of, or referred a dispute to, a dispute settlement panel in accordance with this Agreement or any other treaty to which the parties to a dispute are parties.
Coverage and Application. 2.1 This is a multiple employer collective agreement (MECA) that is made pursuant to the Employment Relations Xxx 0000. This MECA shall apply to all employees who are members of NZNO and who are employed by the DHBs party to this MECA in the roles listed below or hold a nursing and midwifery position and is required by the employer to be a qualified health professional: Nurse Practitioners Registered Nurses Registered Midwives Enrolled Nurses Registered Obstetric Nurses Karitane Nurses Health Care Assistants/ Hospital Aides
2.2 There are exclusions to the coverage described above that apply at specific DHBs as follows: Directors of Nursing and/or Midwifery or equivalent positions (such as Professional Nurse or midwife Advisors) (at all DHBs) Associate Directors of Nursing or Midwifery or equivalent positions (such as Professional Nurse or Midwife Advisors / Leaders) (at all DHBs) Mental Health nursing positions (at Waitemata, Auckland, Counties Manukau, Xxxxxx/Marlborough, West Coast DHBs) The DHB party’s agree to alterations to these exclusions once present coverage issues have been resolved between NZNO and the PSA.
2.3 The parties agree that any employee whose work is covered by the coverage clause of this agreement (clause 2.1-2.2 above), who is engaged by the employer between the date this agreement comes into effect and the expiry date shall be offered information about becoming a member of the union which is a party to this agreement, as supplied by that union. The new employee shall from the date of becoming a union member, be entitled to all benefits, and be bound by all the obligations, under this agreement. Further to this, the provisions of Section 62 of the Employment Relations Xxx 0000 shall apply. If an employee covered by this agreement leaves the employment of the Employer then they shall no longer be covered by this agreement.
2.4 Existing employees who are covered by the coverage clause of this MECA (clause 2.1) and not specifically excluded (clause 2.2) who become members during the term of the MECA shall, from the date of becoming a union member, be bound by all benefits and obligations relating to employees under this MECA subject to the restrictions set out in the Employment Relations Xxx 0000.
Coverage and Application.
2.1 This is a collective agreement made pursuant to the Employment Relations Xxx 0000.
2.2 The Agreement shall apply to those employees appointed by the employer to positions coming within the classifications provided for in the agreement. The coverage shall not apply to employees employed as managers.
(i) Employees previously employed on individual employment agreements who come within the coverage of this agreement by becoming a member of the union, the provisions of this agreement shall apply and the provisions of the individual employment agreement shall cease to apply except as otherwise specifically agreed in writing.
(ii) The provisions of the Employment Relations Act shall apply in situations where an employee transfers.
2.4 Classifications within the agreement.
(i) Employees engaged in food services, orderly/attendant services, security services, cleaning/domestic services, laundry services and home services in the following positions: Cleaner, domestic, housekeeper, laundry hand, orderly/attendant, security orderly, deputy head orderly/co-coordinator, kitchen hand, café assistant, food service assistants, xxxx, chef, menu clerk/collators, security officer, home/home care worker, supervisors, team leaders, porters, head orderlies, catering assistants, baristas, building co-ordinators, drivers and home aides or the equivalent of any such work.
2.5 A new employee employed in a position covered by this agreement shall be employed under the terms and conditions of the agreement in accordance with Section 62 of the Employment Relations Xxx 0000.
2.6 At the time when a new employee commences employment the employer will inform the employee:
i) That the Collective Agreement exists and covers work to be done by the employee; and
ii) That the employee may join the union that is a party to the collective agreement; and
iii) About how to contact the union and any appropriate union material that the union supplies to the employer for giving to new employees.
2.7 The orientation of a new employee shall include an introduction to the relevant union workplace delegate
Coverage and Application. This is a multiple employer Collective Agreement (MECA) that is made pursuant to the Employment Relations Xxx 0000. This MECA shall apply to all midwives who are members of XXXXX and who are employed as Midwives or Senior Midwives by the DHBs party to this MECA.
Coverage and Application. 2.1 This is a Multi Employer Collective Agreement (MECA) that is made pursuant to the Employment Relations Act 2000. This MECA shall apply to all employees who are members of NZNO and who are employed by an employer party to this MECA in the following positions: Administration Staff Enrolled Nurses Medical Receptionists Midwives Practice Nurses Registered Nurses Registered Nurses/Practice Nurses/Midwives employed in a Coordinator role Health Care Assistants
2.2 The parties agree that any employee whose work is covered by the coverage clause of this agreement (clause 2.1 above) who is engaged by the employer, and is a NZNO member, shall be entitled to all benefits, and be bound by all of the obligations, under this agreement. The employers shall follow the requirements of the Employment Relations Act with regard to new employees. The employer shall advise new employees that the employer is a party to the Primary Health Care MECA, that they are able to join NZNO and be covered, and that there is a copy of the agreement available in the workplace. Employees shall make every endeavour to notify the employer in a timely manner of their union membership.
Coverage and Application. 1. The rules and procedures of this Understanding shall apply to disputes brought pursuant to the consultation and dispute settlement provisions of the agreements listed in Appendix 1 to this Understanding (referred to in this Understanding as the "covered agreements"). The rules and procedures of this Understanding shall also apply to consultations and the settlement of disputes between Members concerning their rights and obligations under the provisions of the Agreement Establishing the World Trade Organization (referred to in this Understanding as the "WTO Agreement") and of this Understanding taken in isolation or in combination with any other covered agreement.
2. The rules and procedures of this Understanding shall apply subject to such special or additional rules and procedures on dispute settlement contained in the covered agreements as are identified in Appendix 2 to this Understanding. To the extent that there is a difference between the rules and procedures of this Understanding and the special or additional rules and procedures set forth in Appendix 2, the special or additional rules and procedures in Appendix 2 shall prevail. In disputes involving rules and procedures under more than one covered agreement, if there is a conflict between special or additional rules and procedures of such agreements under review, and where the parties to the dispute cannot agree on rules and procedures within 20 days of the establishment of the panel, the Chairman of the Dispute Settlement Body provided for in paragraph 1 of Article 2 (referred to in this Understanding as the "DSB"), in consultation with the parties to the dispute, shall determine the rules and procedures to be followed within 10 days after a request by either Member. The Chairman shall be guided by the principle that special or additional rules and procedures should be used where possible, and the rules and procedures set out in this Understanding should be used to the extent necessary to avoid conflict.
1.2 Article 1.1: covered agreements"
1.2.1 Text of Appendix 1
(A) Agreement Establishing the World Trade Organization
(B) Multilateral Trade Agreements Annex 1A: Multilateral Agreements on Trade in Goods Annex 1B: General Agreement on Trade in Services Annex 1C: Agreement on Trade-Related Aspects of Intellectual Property Rights Annex 2: Understanding on Rules and Procedures Governing the Settlement of Disputes
(C) Plurilateral Trade Agreements Annex 4: Agreement on Trade in Civil Aircraft Agree...
Coverage and Application. 1. This Agreement applies, except as otherwise specified in Annex I (Rules of Origin and Mutual Administrative Cooperation in Customs Matters), to:
(a) the land territory, internal waters and the territorial sea of a Party, and the ait-space above the territory of a Party, in accordance with domestic and international law; and
(b) the exclusive economic zone and the continental shelf of a Party, in accordance with domestic and international law.
2. This Agreement shall not apply to the Norwegian territory of Svalbard, with the exception of trade in goods.
Coverage and Application. 2.1 This is a Single Employer Collective Agreement (SECA) that is made pursuant to the Employment Relations Xxx 0000. This SECA shall apply to all Employees who are members of NZNO and who are employed by the specified Employers party to this SECA in the following positions undertaking designated nursing duties: • Registered Nurse • Enrolled Nurse • Healthcare Assistant NZNO members employed in the roles of Clinical Services Director, Nurse Practitioner & Nurse Manager (or other nursing positions which report directly to the Chief Executive Officer). These roles shall be offered conditions in their IEAs no less favourable overall.
Coverage and Application. This agreement is made pursuant to the Employment Relations Act 2000 and its amendments and shall apply to all employees of Explore who are members of APEX and who are employed as Behaviour Specialists, Supervising Behaviour Specialists, Senior Behaviour Specialists, including those who hold registration as speech language therapists, occupational therapists, and social worker. The parties agree that any employee whose work is covered by the coverage clause of this agreement, who is engaged by the employer after the date this agreement comes into effect shall be offered information about becoming a member of the union. Further to this, the provisions of Section 62 of the Employment Relations Act 2000 shall apply. Existing employees who are covered by the coverage clause who become members during the term of the collective agreement shall, from the date of becoming a union member, be bound by all benefits and obligations relating to employees under this collective agreement subject to the restrictions set out in the Employment Relations Act 2000. Employees who are registered psychologists, intern psychologists, or employed in positions as managers and above, shall not be covered by this collective agreement.
Coverage and Application. 1. This Agreement shall apply with respect to the avoidance or settlement of all disputes arising between the Parties under the covered agreements. Unless otherwise provided in this Agreement or any other covered agreement, this Agreement shall apply to all disputes between the Parties.
2. The rules and procedures of this Agreement shall apply subject to special or additional rules and procedures on dispute settlement, if any, contained in the other covered agreements. To the extent that there is a conflict between the rules and procedures of this Agreement and such special or additional rules and procedures on dispute settlement contained in a covered agreement, the special or additional rules and procedures shall prevail. In disputes involving rules and procedures under more than one covered agreement, if there is a conflict between special and additional rules and procedures of such covered agreements, the chair of the arbitral panel, in consultation with the parties to the dispute, shall determine the rules and procedures to be followed for that dispute within ten (10) days after a request by any party to the dispute.
