Fair Work Commission Sample Clauses

Fair Work Commission. The Fair Work Commission may deal with the dispute in 2 stages: a) Firstly, through mediation, conciliation, expressing an opinion or making a recommendation; and b) As a last resort, through arbitration or other binding determination. The parties may agree that a person other than Fair Work Commission can deal with a dispute in accordance with the section 740 of the Act. In the absence of such agreement the dispute will be dealt with by Fair Work Commission. TransGrid and the employee/s may choose to appoint another person, organisation or association to represent or support them during this process.
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Fair Work Commission. (a) Once referred to the FWC, the FWC may resolve the dispute using any of its powers available under the Act including by mediation, conciliation, expressing an opinion, issuing a statement, making a recommendation or by arbitration (including by granting interim relief or making an interim order or decision). The power to arbitrate a dispute is subject to clause 11.5(e) below. (b) The FWC may give all such directions, orders, statements and/or recommendations and do such things necessary or expedient for the speedy and just resolution, hearing and determination of the dispute. (c) Where a member of the FWC has conducted conciliation in relation to a dispute, the member shall not exercise or take part in the exercise of arbitration powers in relation to the dispute if a party objects to the member doing so. Where such an objection is made, the dispute will be dealt with by another member of the FWC. (d) Conciliation before the FWC shall be regarded as completed when: (i) the parties have reached agreement on the settlement of the dispute; or (ii) the member of the FWC conducting the conciliation is satisfied that there is no reasonable likelihood that further conciliation will result in agreement by the parties within a reasonable period on terms for settlement of the dispute; or (iii) either party to the dispute have informed the FWC member that there is no reasonable likelihood of agreement on the settlement of the dispute and the member does not have substantial reason to regard the conciliation proceedings as not completed. (e) Other than by agreement of the parties, the FWC does not have the power to arbitrate: (i) a dispute of the type dealt with by clause 11.1(c), unless: (A) The dispute is also of the type dealt with by either clause 11.1(a) and/or 11.1(b); or (B) The dispute relates to a major change which is likely to have a significant effect on Employees, as defined in clause 10 (Consultation). (ii) a dispute relating to the decision to terminate an Employee’s employment; or (iii) a dispute relating to a right to request flexible working hours. For the avoidance of doubt, in such a situation, the FWC may exercise all of its other powers (including mediation, conciliation, expressing an opinion, issuing a statement, making a recommendation etc.) in relation to such disputes (other than a dispute relating to a decision to terminate an Employee’s employment). (f) Any decision of the FWC, whether interim or final, shall be binding on the parties a...
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Fair Work Commission. Full-Time Employee is a person who is employed on a permanent or temporary basis to work the ordinary hours prescribed in Clause 24. Management Contract covers the employment arrangements of those managerial Employees whose employment arrangements are not regulated by but who are eligible to the provisions of this Agreement, other than those provisions set out in Clause 38. Master Xxxxxx is a roster that operates over an extended time frame and refers to the allocation of work as determined by business and operational requirements. It identifies lines of roster only and contains starting times for each day’s work and diagrams/schedule numbers for train crew. The master roster also provides Rostered Days Off (RDOs) for each line of roster and where applicable Accrued Days Off (ADOs) arising from the working of a 19 day month. NES means the National Employment Standards as incorporated in the Fair Work Act 2009 (Cth).
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Fair Work Commission. Full-Time Employee is a person who is employed on a permanent or temporary basis to work the ordinary hours prescribed in Clause 25. Management Contract covers the employment arrangements of those managerial Employees whose employment arrangements are not regulated by, but who are eligible for the provisions of this Agreement, other than those provisions set out in Clause 39. Master Xxxxxx is a roster that operates over an extended time frame and refers to the allocation of work as determined by business and operational requirements. It identifies lines of roster only and contains starting times for each day’s work and diagrams/schedule numbers for train crew. The master roster also provides Rostered Days Off (RDOs) for each line of roster and where applicable Accrued Days Off (ADOs) arising from the working of a 19 day month.
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Fair Work Commission. If the matter is still not settled by following the above steps, the issue may be submitted by either the Employer or Employee(s) to the Fair Work Commission for an independent assessment and judgement.
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Fair Work Commission. The Agreement will continue to apply after its expiry date until the Agreement is varied, replaced or terminated in accordance with the Act.
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Fair Work Commission. Where the dispute is referred to the FWC in accordance with clause 37.1.3, the FWC will, in the first instance, attempt to resolve the matter through conciliation. If the FWC is unable to resolve the dispute by conciliation, the FWC may determine the matter by arbitration. The parties agree that the FWC may exercise all procedural powers necessary in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective. 1. Where a matter does progress to arbitration the FWC’s decision shall be final and binding on the parties, subject to either party exercising a right of appeal against the decision to a Full Bench. In exercising arbitration power under this clause, the FWC must not make a decision or exercise its power in a way, which is inconsistent with the National Code of Practice for the Construction Industry, the Implementation Guidelines for the National Code of Practice for the Construction Industry or legislative obligations. In any dispute raised pursuant to this clause of the Agreement the employer and the Union agree that each party shall bear its own costs.
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Related to Fair Work Commission

  • Construction Phase Services 3.1.1 – Basic Construction Services

  • Extra Work At any time during the Term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

  • Contract Work Hours and Safety Standards Act The following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards.

  • Public Works Installation work which is considered public works is excluded from purchase under this Contract. Historically, the New York State Bureau of Public Works has maintained that installation, maintenance, and repair of equipment attached to any wall, ceiling, or floor, or affixed by hard wiring or plumbing is public work. In contrast, installation of a piece of equipment which is portable or a “plug-in” free-standing unit would not be considered public work. Thus, this Contract does not authorize installation where the equipment becomes a permanent part of the building structure, or is otherwise incorporated into the fabric of the building (e.g. installation on a wall, ceiling, or floor in a fixed location, or affixed by hard-wiring or plumbing). See Xxxxxxxx X, §00 Prevailing Wage Rates – Public Works

  • Annual Work Plans and Budgets The Recipient shall furnish to the Association as soon as available, but in any case not later than September 1 of each year, the annual work plan and budget for the Project for each subsequent year of Project implementation, of such scope and detail as the Association shall have reasonably requested, except for the annual work plan and budget for the Project for the first year of Project implementation, which shall be furnished no later than one (1) month after the Effective Date.

  • Project Work PURCHASER shall complete the following projects in accordance with the specifications provided in Exhibits B, C, D, E, and F and written instructions from STATE. Project locations are shown on Exhibit A unless otherwise described. PURCHASER shall furnish all material unless otherwise specified.

  • CONTRACT WORK HOURS AND SAFETY STANDARDS As per the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), where applicable, all Customer Purchase Orders in excess of ,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

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