Common use of Existing Doctors Clause in Contracts

Existing Doctors. pre-existing contracts (a) Where an Existing Doctor has, under a written contract entered into prior to 1 January 2018 (Contract), an entitlement to receive as at 1 January 2018 a rate of pay which is in excess of the rates specified in Part 1 of Schedule B or an entitlement to receive as at 1 January 2018 a monetary payment which either exceeds the equivalent payment provided for in this Agreement or is a form of payment not provided for in this Agreement: (i) the Health Service may pay, and the Doctor may accept, the amount specified in the Contract as at 1 January 2018; and (ii) the Health Service must increase the actual contracted rate of pay in accordance with the percentage increases specified on the relevant dates as stated in subclauses 31.1 and 31.6; but (iii) the Health Service must not pay, and the Doctor must not seek or accept, any increase in the rates of pay or monetary payments as specified in the Contract as at 1 January 2018 which exceed the percentage increase in the rates of pay or monetary payments specified in this clause to apply at various times under this Agreement, and to the extent that the Contract otherwise provides, the Contract is unenforceable and of no effect.

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

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Existing Doctors. pre-existing contracts (a) Where an Existing Doctor has, under a written contract entered into prior to 1 January 2018 March 2022 (Contract), an entitlement to receive as at 1 January 2018 March 2022 a rate of pay which is in excess of the rates specified in Part 1 of Schedule B Appendix 2 or an entitlement to receive as at 1 January 2018 March 2022 a monetary payment which either exceeds the equivalent payment provided for in this Agreement or is a form of payment not provided for in this Agreement: (i) the Health Service may pay, and the Doctor may accept, the amount specified in the Contract as at 1 January 2018March 2022; and (ii) the Health Service must increase the actual contracted rate of pay in accordance with the percentage increases specified on the relevant dates as stated in subclauses 31.1 and 31.6Error! Reference source not found.; but (iii) the Health Service must not pay, and the Doctor must not seek or accept, any increase in the rates of pay or monetary payments as specified in the Contract as at 1 January 2018 March 2022 which exceed the percentage increase in the rates of pay or monetary payments specified in this clause to apply at various times under this Agreement, and to the extent that the Contract otherwise provides, the Contract is unenforceable and of no effect.

Appears in 1 contract

Samples: Enterprise Agreement

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Existing Doctors. pre-existing contracts (a) Where an Existing Doctor has, under a written contract entered into prior to 1 January 2018 March 2022 (Contract), an entitlement to receive as at 1 January 2018 March 2022 a rate of pay which is in excess of the rates specified in Part 1 of Schedule B Appendix 2 or an entitlement to receive as at 1 January 2018 March 2022 a monetary payment which either exceeds the equivalent payment provided for in this Agreement or is a form of payment not provided for in this Agreement: (i) the Health Service may pay, and the Doctor may accept, the amount specified in the Contract as at 1 January 2018March 2022; and (ii) the Health Service must increase the actual contracted rate of pay in accordance with the percentage increases specified on the relevant dates as stated in subclauses 31.1 and 31.631.1; but (iii) the Health Service must not pay, and the Doctor must not seek or accept, any increase in the rates of pay or monetary payments as specified in the Contract as at 1 January 2018 March 2022 which exceed the percentage increase in the rates of pay or monetary payments specified in this clause to apply at various times under this Agreement, and to the extent that the Contract otherwise provides, the Contract is unenforceable and of no effect.

Appears in 1 contract

Samples: Enterprise Agreement

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