Common use of Enforcement - Finality of a Decision Clause in Contracts

Enforcement - Finality of a Decision. Subject only to the rights of review / appeal expressly provided for in this clause, a Decision or an FWC Decision is final and binding and may be immediately enforced. Enforcement of a Decision • All parties to a dispute must comply with, and give effect to, any Decision or FWC Decision. • A party to a dispute that fails to comply with, or give effect to, a Decision or FWC Decision, contravenes this clause. • • The parties agree that: Status quo‌‌ o any Decision or FWC Decision may be enforced by an action seeking appropriate remedies (including, but not limited to, payment of a debt, damages, or specific performance) in any court of competent jurisdiction; and o interest will accrue on any sum payable under a Decision at the rate prescribed from time to time in respect of pre-judgment interest under the Rules of the Federal Court of Australia. • While the dispute is being dealt with in accordance with the procedure in this clause: • the parties will maintain the status quo existing immediately prior to the subject matter of the dispute arising. Neither party will engage in any industrial stoppages, bans and or limitations. Work shall continue in accordance with the status quo unless an employee has a reasonable concern about an imminent risk to their health or safety; however • the employer may direct an employee to perform other available work at the same workplace, or at another workplace, on the same terms and conditions of employment, if it is reasonable to do so to protect the health, safety or welfare of employees.

Enforcement - Finality of a Decision. Subject only to the rights of review / appeal expressly provided for in this clause, a Decision or an FWC Decision is final and binding and may be immediately enforced. Enforcement of a Decision • All parties to a dispute must comply with, and give effect to, any Decision or FWC Decision. • A party to a dispute that fails to comply with, or give effect to, a Decision or FWC Decision, contravenes this clause. • • The parties agree that: Status quo‌‌ quo o any Decision or FWC Decision may be enforced by an action seeking appropriate remedies (including, but not limited to, payment of a debt, damages, or specific performance) in any court of competent jurisdiction; and o interest will accrue on any sum payable under a Decision at the rate prescribed from time to time in respect of pre-judgment interest under the Rules of the Federal Court of Australia. • While the dispute is being dealt with in accordance with the procedure in this clause: • the parties will maintain the status quo existing immediately prior to the subject matter of the dispute arising. Neither party will engage in any industrial stoppages, bans and or limitations. Work shall continue in accordance with the status quo unless an employee has a reasonable concern about an imminent risk to their health or safety; however • the employer may direct an employee to perform other available work at the same workplace, or at another workplace, on the same terms and conditions of employment, if it is reasonable to do so to protect the health, safety or welfare of employees.