Common use of ESTABLISHMENT AND OPERATION OF THE COMPANY Clause in Contracts

ESTABLISHMENT AND OPERATION OF THE COMPANY. 5(1) The Commonwealth and the States will, to the extent each in its capacity as a shareholder in the Company is able, procure the Company to: (a) negotiate Best Practice Industrial Agreements with the relevant unions leading to an enterprise award as envisaged by Recital B(a)(iii); (b) before the commitment of any capital upgrading have in place Best Practice Industrial Agreements which the Company advises provide a basis for commercial operations; (c) commence and conduct national interstate rail freight operations; (d) conduct all marketing and determine pricing for interstate rail freight carried on by the Company; (e) collect and retain all revenue generated by the carriage of interstate rail freight from the date of commencement of operations; (f) take over progressively from the rail authorities of the Commonwealth and the States, in whole or in part, functions of the type listed in Schedule 2 and the management of the associated assets pursuant to the provisions of this Agreement and the agreements entered into pursuant to subclauses 5(3), 5(4) and 5(5); and (g) give effect to this Agreement and to those obligations which by this Agreement are expressed to be obligations of the Company.

ESTABLISHMENT AND OPERATION OF THE COMPANY. 5(15 (1) The Commonwealth and the States will, to the extent each in its capacity as a shareholder in the Company is able, procure the Company to: (a) negotiate Best Practice Industrial Agreements with the relevant unions leading to an enterprise award as envisaged by Recital B(a)(iiiB (a) (iii); (b) before the commitment of any capital upgrading have in place Best best Practice Industrial Agreements which the Company advises provide a basis for commercial operations; (c) commence and conduct national interstate rail freight operations; (d) conduct all marketing and determine pricing for interstate rail freight carried on by the Company; (e) collect and retain all revenue generated by the carriage of interstate rail freight from the date of commencement of operations; (f) take over progressively from the rail authorities of the Commonwealth and the States, in whole or in part, functions of the type listed in Schedule 2 and the management of the associated assets pursuant to the provisions of this Agreement and the agreements entered into pursuant to subclauses 5(35 (3), 5(45 (4) and 5(55 (5); and (g) give effect to this Agreement and to those obligations which by this Agreement are expressed to be obligations of the Company. 5 (2) The Commonwealth, the States and the other States will, and will cause their respective rail authorities to assist the Company, when requested by the Company, to undertake the matters set out in subclause 5 (1), except, in the case of the other States, in relation to the matters set out in paragraph 5 (1) (f).

ESTABLISHMENT AND OPERATION OF THE COMPANY. 5(1(1) The Commonwealth and the States will, to the extent each in its capacity as a shareholder in the Company is able, procure the Company to: (a) negotiate Best Practice Industrial Agreements with the relevant unions leading to an enterprise award as envisaged by Recital B(a)(iii); (b) before the commitment of any capital upgrading have in place Best Practice Industrial Agreements which the Company advises provide a basis for commercial operations; (c) commence and conduct national interstate rail freight operations; (d) conduct all marketing and determine pricing for interstate rail freight carried on by the Company; (e) collect and retain all revenue generated by the carriage of interstate rail freight from the date of commencement of operations; (f) take over progressively from the rail authorities of the Commonwealth and the States, in whole or in part, functions of the type listed in Schedule 2 and the management of the associated assets pursuant to the provisions of this Agreement and the agreements entered into pursuant to subclauses 5(3), 5(4) and 5(5); and (g) give effect to this Agreement and to those obligations which by this Agreement are expressed to be obligations of the Company.

ESTABLISHMENT AND OPERATION OF THE COMPANY. 5(1(1) The Commonwealth and the States will, to the extent each in its capacity as a shareholder in the Company is able, procure the Company to: (a) negotiate Best Practice Industrial Agreements with the relevant unions leading to an enterprise award as envisaged by Recital B(a)(iiiB (a) (iii); (b) before the commitment of any capital upgrading have in place Best best Practice Industrial Agreements which the Company advises provide a basis for commercial operations; (c) commence and conduct national interstate rail freight operations; (d) conduct all marketing and determine pricing for interstate rail freight carried on by the Company; (e) collect and retain all revenue generated by the carriage of interstate rail freight from the date of commencement of operations; (f) take over progressively from the rail authorities of the Commonwealth and the States, in whole or in part, functions of the type listed in Schedule 2 and the management of the associated assets pursuant to the provisions of this Agreement and the agreements entered into pursuant to subclauses 5(35 (3), 5(45 (4) and 5(55 (5); and (g) give effect to this Agreement and to those obligations which by this Agreement are expressed to be obligations of the Company.

ESTABLISHMENT AND OPERATION OF THE COMPANY. 5(1) The Yhe Commonwealth and the States will, to the extent each in its capacity as a shareholder in the Company is able, procure the Company to: (a) negotiate Best Practice Industrial Agreements with the relevant unions leading to an enterprise award as envisaged by Recital B(a)(iii); (b) before the commitment of any capital upgrading have in place Best Practice Industrial Agreements which the Company advises provide a basis for commercial operations; (c) commence and conduct national interstate rail freight operations; (d) conduct all marketing and determine pricing for interstate rail freight carried on by the Company; (e) collect and retain all revenue generated by the carriage of interstate rail freight from the date of commencement of operations; (f) take over progressively from the rail authorities of the Commonwealth and the States, in whole or in part, functions of the type listed in Schedule 2 and the management of the associated assets pursuant to the provisions of this Agreement and the agreements entered into pursuant to subclauses 5(3), 5(4) and 5(5); and (g) give effect to this Agreement and to those obligations which by this Agreement are expressed to be obligations of the Company. 5(2) Yhe Commonwealth, the States and the other States will, and will cause their respective rail authorities to assist the Company, when requested by the Company, to undertake the matters set out in subclause 5(1), except, in the case of the other States, in relation to the matters set out in paragraph 5(1)(f).