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: 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. Status quo • 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. • For the avoidance of doubt, “Maintain the status quo” means that the action giving rise to the dispute will be withdrawn, and the situation immediately prior to the action giving rise to the dispute will apply until the dispute is resolved. Employee participation and representation • Employees are entitled to a representative of their choice, including a Union representative, for the purposes of this clause. • Employees to whom a dispute directly relates and who are necessarily required to participate in the procedure provided for in this clause are entitled to do so without loss of pay. • Employees who are required to attend as a witness in an arbitration are entitled to do so without loss of pay. • In the event that the parties to the dispute fail to agree on the identity or number of persons who qualify under this clause, the question will be determined by the VBIDP or the FWC (whichever is then dealing with the dispute) as part of the dispute.