Common use of Formal Clause in Contracts

Formal. (a) Where the Employee’s work performance is not at an acceptable standard following the process in subclause 15.2 or it was not appropriate to deal with the concerns informally, the Employer may initiate a formal performance management process. (b) The Employer will provide to the Employee in writing: (i) details of the performance concerns including, where relevant, material that supports those concerns; and (ii) notice of the Employee’s right to be represented by a Union or other representative. (c) The Employer will: (i) meet with the Employee and, where relevant, the Employee’s representative, to discuss the concerns; (ii) ensure the Employee is provided with a reasonable opportunity to answer any concerns including a reasonable time to respond; (iii) give genuine consideration to any response or matters raised by an Employee’s response; and (iv) if a performance management plan is proposed, consult with the Employee and the Employee’s representative on the content of the plan. (d) Where, having considered the Employee’s response, the Employer reasonably believes, based on the Employee’s performance, that a performance management plan is appropriate, the Employer will: (i) provide the performance management plan to the Employee in writing following the consultation referred to at subclause 15.3(c)(iv) above, identifying which aspects of the Employee’s performance are unsatisfactory and the required level of performance which must be reasonable; and (ii) provide the Employee with a reasonable opportunity to address any concerns over a reasonable time.

Formal. (a) Where the Employee’s work performance is not at an acceptable standard following the process in subclause 15.2 or 12A.2or it was not appropriate to deal with the concerns informally, the Employer may initiate a formal performance management process. (b) The Employer will provide to the Employee in writing: (i) details of the performance concerns including, where relevant, material that supports those concerns; and (ii) notice of the Employee’s right to be represented by a Union or other representative. (c) The Employer will: (i) meet with the Employee and, where relevant, the Employee’s representative, to discuss the concerns; (ii) ensure the Employee is provided with a reasonable opportunity to answer any concerns including a reasonable time to respond; (iii) give genuine consideration to any response or matters raised by an Employee’s response; and (iv) if a performance management plan is proposed, consult with the Employee and the Employee’s representative on the content of the plan. (d) Where, having considered the Employee’s response, the Employer reasonably believes, based on the Employee’s performance, that a performance management plan is appropriate, the Employer will: (i) provide the performance management plan to the Employee in writing following the consultation referred to at subclause 15.3(c)(iv12A.4(c)(iv) above, identifying which aspects of the Employee’s performance are unsatisfactory and the required level of performance which must be reasonable; and (ii) provide the Employee with a reasonable opportunity to address any concerns over a reasonable time. (e) The Employer will provide ongoing feedback on the Employee’s performance during this period, including if the Employee’s performance is not improving to a satisfactory standard, and will provide the Employee with all reasonable support, counselling and training.

Formal. (a) Where the Employee’s work performance is not at an acceptable standard following the process in subclause 15.2 or it was not appropriate to deal with the concerns informally, the Employer may initiate a formal performance management process. (b) The Employer will provide to the Employee in writing: (i) details of the performance concerns including, where relevant, material that supports those concerns; and (ii) notice of the Employee’s right to be represented by a Union or other representative. (c) The Employer will:will:‌ (i) meet with the Employee and, where relevant, the Employee’s representative, to discuss the concerns; (ii) ensure the Employee is provided with a reasonable opportunity to answer any concerns including a reasonable time to respond; (iii) give genuine consideration to any response or matters raised by an Employee’s response; and (iv) if a performance management plan is proposed, consult with the Employee and the Employee’s representative on the content of the plan. (d) Where, having considered the Employee’s response, the Employer reasonably believes, based on the Employee’s performance, that a performance management plan is appropriate, the Employer will:will:‌ (i) provide the performance management plan to the Employee in writing following the consultation referred to at subclause 15.3(c)(iv) above, identifying which aspects of the Employee’s performance are unsatisfactory and the required level of performance which must be reasonable; and (ii) provide the Employee with a reasonable opportunity to address any concerns over a reasonable time. (e) The Employer will provide ongoing feedback on the Employee’s performance during this period, including if the Employee’s performance is not improving to a satisfactory standard, and will provide the Employee with all reasonable support, counselling and training.‌

Formal. (a) Where the Employee’s work performance is not at an acceptable standard following the process in subclause 15.2 or it was not appropriate to deal with the concerns informally, the Employer may initiate a formal performance management process. (b) The Employer will provide to the Employee in writing: (i) details of the performance concerns including, where relevant, material that supports those concerns; and (ii) notice of the Employee’s right to be represented by a Union or other representative. (c) The Employer will: (i) meet with the Employee and, where relevant, the Employee’s representative, to discuss the concerns; (ii) ensure the Employee is provided with a reasonable opportunity to answer any concerns including a reasonable time to respond; (iii) give genuine consideration to any response or matters raised by an Employee’s response; and (iv) if a performance management plan is proposed, consult with the Employee and the Employee’s representative on the content of the plan. (d) Where, having considered the Employee’s response, the Employer reasonably believes, based on the Employee’s performance, that a performance management plan is appropriate, the Employer will: (i) provide the performance management plan to the Employee in writing following the consultation referred to at subclause 15.3(c)(iv) above, identifying which aspects of the Employee’s performance are unsatisfactory and the required level of performance which must be reasonable; and (ii) provide the Employee with a reasonable opportunity to address any concerns over a reasonable time. (e) The Employer will provide ongoing feedback on the Employee’s performance during this period, including if the Employee’s performance is not improving to a satisfactory standard, and will provide the Employee with all reasonable support, counselling and training.

Formal. (a) a. Where the Employee’s work performance is not at an acceptable standard following the process in subclause 15.2 or it was not appropriate to deal with the concerns informally, the Employer may initiate a formal performance management process. (b) b. The Employer will provide to the Employee in writing: (i) details of the performance concerns including, where relevant, material that supports those concerns; and (ii) notice of the Employee’s right to be represented by a Union or other representative. (c) c. The Employer will: (i) meet with the Employee and, where relevant, the Employee’s representative, to discuss the concerns; (ii) ensure the Employee is provided with a reasonable opportunity to answer any concerns including a reasonable time to respond; (iii) give genuine consideration to any response or matters raised by an Employee’s response; and (iv) if a performance management plan is proposed, consult with the Employee and the Employee’s representative on the content of the plan. (d) d. Where, having considered the Employee’s response, the Employer reasonably believes, based on the Employee’s performance, that a performance management plan is appropriate, the Employer will: (i) provide the performance management plan to the Employee in writing following the consultation referred to at subclause 15.3(c)(iv15.3c(iv) above, identifying which aspects of the Employee’s performance are unsatisfactory and the required level of performance which must be reasonable; and (ii) provide the Employee with a reasonable opportunity to address any concerns over a reasonable time. e. The Employer will provide ongoing feedback on the Employee’s performance during this period, including if the Employee’s performance is not improving to a satisfactory standard, and will provide the Employee with all reasonable support, counselling and training. f. Where there are ongoing concerns about the Employee’s performance, the Employer will provide additional training and support to give the Employee a reasonable opportunity to improve their performance, including a further performance improvement plan, as provided in clause 15.4b(i).

Formal. (a) Where the Employeepractitioner’s work performance is not at an acceptable standard following the process in subclause 15.2 13.1(a) or it was not appropriate to deal with the concerns informally, the Employer may initiate a formal performance management process. (b) The Employer will provide to the Employee practitioner in writing: (i) details of the performance concerns including, where relevant, material that supports those concerns; and (ii) notice of the Employeepractitioner’s right to be represented by a Union or other representative. (c) The Employer will: (i) meet with the Employee practitioner and, where relevant, the Employeepractitioner’s representative, to discuss the concerns; (ii) ensure the Employee practitioner is provided with a reasonable opportunity to answer any concerns including a reasonable time to respond; (iii) give genuine consideration to any response or matters raised by an Employeepractitioner’s response; and (iv) if a performance management plan is proposed, consult with the Employee practitioner and the Employeepractitioner’s representative on the content of the plan. (d) Where, having considered the Employeepractitioner’s response, the Employer reasonably believes, based on the Employeepractitioner’s performance, that a performance management plan is appropriate, the Employer will: (i) provide the performance management plan to the Employee practitioner in writing following the consultation referred to at subclause 15.3(c)(iv13.4(c)(iv) above, identifying which aspects of the Employeepractitioner’s performance are unsatisfactory and the required level of performance which must be reasonable; and (ii) provide the Employee practitioner with a reasonable opportunity to address any concerns over a reasonable time. (e) The Employer will provide ongoing feedback on the practitioner’s performance during this period, including if the practitioner’s performance is not improving to a satisfactory standard, and will provide the practitioner with all reasonable support, counselling and training.

Formal. (a) Where the Employee’s work performance Performance is not at an acceptable standard following the process in subclause 15.2 sub-clause 16.2 or it was not appropriate to deal with the concerns informally, the Employer may initiate a formal performance Performance management process. (b) The Employer will provide to the Employee in writing: (i) details of the performance concerns including, where relevant, material that supports those concerns; and (ii) notice of the Employee’s right to be represented by a Union or other representative. (c) The Employer will: (i) : meet with the Employee and, where relevant, the Employee’s representative, to discuss the concerns; (ii) ; ensure the Employee is provided with a reasonable opportunity to answer any concerns including a reasonable time to respond; (iii) ; give genuine consideration to any response or matters raised by an Employee’s response; and (iv) and if a performance management plan is proposed, consult with the Employee and the Employee’s representative on the content of the plan. (d) Where, having considered the Employee’s response, the Employer reasonably believes, based on the Employee’s performancePerformance, that a performance Performance management plan is appropriate, the Employer will: (i) : provide the performance Performance management plan to the Employee in writing following the consultation referred to at subclause 15.3(c)(ivsub-clause 16.3(c)(iv) above, identifying which aspects of the Employee’s performance Performance are unsatisfactory and the required level of performance which must be reasonable; and (ii) and provide the Employee with a reasonable opportunity to address any concerns over a reasonable time. (e) The Employer will provide ongoing feedback on the Employee’s performance during this period, including if the Employee’s Performance is not improving to a satisfactory standard, and will provide the Employee with all reasonable support, counselling and training.

Formal. (a) Where the Employee’s work performance is not at an acceptable standard following the process in subclause 15.2 15.2 or it was not appropriate to deal with the concerns informally, the Employer may initiate a formal performance management process. (b) The Employer will provide to the Employee in writing: (i) details of the performance concerns including, where relevant, material that supports those concerns; and (ii) notice of the Employee’s right to be represented by a Union or other representative. (c) The Employer will: (i) meet with the Employee and, where relevant, the Employee’s representative, to discuss the concerns; (ii) ensure the Employee is provided with a reasonable opportunity to answer any concerns including a reasonable time to respond; (iii) give genuine consideration to any response or matters raised by an Employee’s response; and (iv) if a performance management plan is proposed, consult with the Employee and the Employee’s representative on the content of the plan. (d) Where, having considered the Employee’s response, the Employer reasonably believes, based on the Employee’s performance, that a performance management plan is appropriate, the Employer will: (i) provide the performance management plan to the Employee in writing following the consultation referred to at subclause 15.3(c)(iv15.3(15.3(c)(iv) above, identifying which aspects of the Employee’s performance are unsatisfactory and the required level of performance which must be reasonable; and (ii) provide the Employee with a reasonable opportunity to address any concerns over a reasonable time. (e) The Employer will provide ongoing feedback on the Employee’s performance during this period, including if the Employee’s performance is not improving to a satisfactory standard, and will provide the Employee with all reasonable support, counselling and training.