Common use of Genuine and Informed Agreement of the Employees Clause in Contracts

Genuine and Informed Agreement of the Employees. (a) There are numerous clauses in this Agreement that provide for specific matters to be changed by agreement. (b) The Employer and Employees acknowledge and agree that in some circumstances, such changes can have significant detrimental effects on Employees’ wages, family responsibilities, work/life balance and/or morale. (c) Accordingly, the Employer and Employees acknowledge and agree that it is highly important in respect of certain clauses that the process of seeking and obtaining agreement of the Employees is done in such a way as to ensure that the Employees give genuine and informed consent with appropriate consideration time and without undue pressure, confusion and/or misleading/deceptive conduct. (d) To this end, where a clause in this Agreement refers to “a genuine and informed majority of the Employees”, this means that the following actions, conditions and processes have been completed and complied with: (i) A ¾ majority of the Employees who are to be affected, whether directly or indirectly, have voted in favour of the question. (ii) The Employer has given 3 working days written notice, or less where not practicable, of the request for agreement, which must also contain: (A) The details and reasons for seeking the agreement of the Employees; (B) the right for the Employees to vote against and that no action will be taken against them if they do; and (C) the right for the Employees to have the Union or other representative of their choice represent them in respect of the issue and that no action will be taken against them if they do. (iii) The Employer shall, where practicable, provide a prior written notice to the ETU that a vote is going to be conducted and the date upon which it is to be conducted. (iv) The result of the vote shall be provided in writing to the Employees as soon as practicable. (v) No injury or prejudice will be suffered by an Employee because of the way they voted, of the outcome of the vote and/or they exercised their right to have a representative. (vi) Failure to comply strictly with all of the aforementioned requirements shall render any approval invalid. (e) For clarity, the above processes and requirements apply in relation to the following clauses: (i) Part A at clause 2.4; (ii) Part A at 6.6(g); (iii) Part A at clause 8.5; (iv) Part A at clause 10.4; (v) Part B at clause 4.4(b); (vi) Part B at clause 6.5(b); (vii) Part B at clause 6.6(a); (viii) Part B at clause 6.6(g); (ix) Part B at clause 8.5 (x) Part B at clause 9.3; (xi) Part B at clause 10.1; (xii) Part B at clause 10.4; (xiii) Part B at clause 18; (xiv) Part B at clause 23.1(i)

Genuine and Informed Agreement of the Employees. (a) There are numerous clauses in this Agreement that provide for specific matters to be changed by agreement. (b) The Employer and Employees acknowledge and agree that in some circumstances, such changes can have significant detrimental effects on Employees’ wages, family responsibilities, work/life balance and/or morale. (c) Accordingly, the Employer and Employees acknowledge and agree that it is highly important in respect of certain clauses that the process of seeking and obtaining agreement of the Employees is done in such a way as to ensure that the Employees give genuine and informed consent with appropriate consideration time and without undue pressure, confusion and/or misleading/deceptive conduct. (d) To this end, where a clause in this Agreement refers to “a genuine and informed majority of the Employees”, this means that the following actions, conditions and processes have been completed and complied with: (i) A ¾ majority of the Employees who are to be affected, whether directly or indirectly, have voted in favour of the question. (ii) The Employer has given 3 working days written notice, or less where not practicable, of the request for agreement, which must also contain: (A) The details and reasons for seeking the agreement of the Employees; (B) the right for the Employees to vote against and that no action will be taken against them if they do; and (C) the right for the Employees to have the Union or other representative of their choice represent them in respect of the issue and that no action will be taken against them if they do. (iii) The Employer shall, where practicable, provide a prior written notice to the ETU that a vote is going to be conducted and the date upon which it is to be conducted. (iv) The result of the vote shall be provided in writing to the Employees as soon as practicable. (v) No injury or prejudice will be suffered by an Employee because of the way they voted, of the outcome of the vote and/or they exercised their right to have a representative. (vi) Failure to comply strictly with all of the aforementioned requirements shall render any approval invalid. (e) For clarity, the above processes and requirements apply in relation to the following clauses: (i) Part A at clause 2.4; (ii) Part A at 6.6(g); (iii) Part A at clause 8.5; (iv) Part A at clause 10.4; (v) Part B at clause 4.4(b); (vi) Part B at clause 6.5(b); (vii) Part B at clause 6.6(a); (viii) Part B at clause 6.6(g); (ix) Part B at clause 8.5 (x) Part B at clause 9.3; (xi) Part B at clause 10.1; (xii) Part B at clause 10.4; (xiii) Part B at clause 18; (xiv) Part B at clause 23.1(i) 1.1 Part A of this Agreement covers and applies to: (a) the Employer; (b) the Employees of the Employer in Victoria and, for Employees ordinarily based in Victoria, at any location at which the Employee is temporarily required to perform work outside Victoria; 1.2 Part A of this Agreement does not applyto: (a) work performed at any enterprise or project where a site-specific or project-specific agreement is made between the Parties and, covers and applies to the Employees (entered into after this Agreement is made); (b) work to which Part B - Construction applies; (c) work to which Part C - Country and Cottage applies or work performed in regional areas of Victoria, where an agreement specifically applicable to regional or country work applies to the Employer in respect of the Employees (whether entered into before or after the making of this Agreement).

Genuine and Informed Agreement of the Employees. (a) There are numerous clauses in this Agreement that provide for specific matters to be changed by agreement. (b) The Employer and Employees employees acknowledge and agree that in some circumstances, such changes can have significant detrimental effects on Employeesemployees’ wages, family responsibilities, work/life balance and/or morale. (c) Accordingly, the Employer and Employees employees acknowledge and agree that it is highly important in respect of certain clauses that the process of seeking and obtaining agreement of the Employees employees is done in such a way as to ensure that the Employees employees give genuine and informed consent with appropriate consideration time and without undue pressure, confusion and/or misleading/deceptive conduct. (d) To this end, where a clause in this Agreement refers to “a genuine and informed majority of the Employeesemployees”, this means that the following actions, conditions and processes have been completed and complied with: (i) A ¾ majority of the Employees employees who are to be affected, whether directly or indirectly, have voted in favour of the question. (ii) The Employer has given 3 working days written notice, or less where not practicable, of the request for agreement, which must also contain: (A) The details and reasons for seeking the agreement of the Employeesemployees; (B) the right for the Employees employees to vote against and that no action will be taken against them if they do; and (C) the right for the Employees employees to have the Union or other representative of their choice represent them in respect of the issue and that no action will be taken against them if they do. (iii) The Employer shall, where practicable, provide a prior written notice to the ETU that a vote is going to be conducted and the date upon which it is to be conducted. (iv) The result of the vote shall be provided in writing to the Employees employees as soon as practicable. (v) No injury or prejudice will be suffered by an Employee employee because of the way they voted, of the outcome of the vote and/or they exercised their right to have a representative. (vi) Failure to comply strictly with all of the aforementioned requirements shall render any approval invalid. (e) For clarity, the above processes and requirements apply in relation to the following clauses: (i) Part A at clause 2.4; (ii) Part A at 6.6(g); (iii) Part A at clause 8.510.4; (iv) Part A at clause 10.4; (v) Part B at clause 4.4(b); (viv) Part B at clause 6.5(b); (viivi) Part B at clause 6.6(a); (viiivii) Part B at clause 6.6(g); (ix) Part B at clause 8.5 (xviii) Part B at clause 9.3; (xiix) Part B at clause 10.1; (xiix) Part B at clause 10.4; (xiiixi) Part B at clause 18; (xivxii) Part B at clause 23.1(i).

Genuine and Informed Agreement of the Employees. (a) There are numerous clauses in this Agreement that provide for specific matters to be changed by agreement. (b) The Employer and Employees acknowledge and agree that in some circumstances, such changes can have significant detrimental effects on Employees’ wages, family responsibilities, work/life balance and/or morale. (c) Accordingly, the Employer and Employees acknowledge and agree that it is highly important in respect of certain clauses that the process of seeking and obtaining agreement of the Employees is done in such a way as to ensure that the Employees give genuine and informed consent with appropriate consideration time and without undue pressure, confusion and/or misleading/deceptive conduct. (d) To this end, where a clause in this Agreement refers to “a genuine and informed majority of the Employees”, this means that the following actions, conditions and processes have been completed and complied with: (i) A ¾ majority of the Employees who are to be affected, whether directly or indirectly, have voted in favour of the question. (ii) The Employer has given 3 working days written notice, or less where not practicable, of the request for agreement, which must also contain: (A) The details and reasons for seeking the agreement of the Employees; (B) the right for the Employees to vote against and that no action will be taken against them if they do; and (C) the right for the Employees to have the Union or other representative of their choice represent them in respect of the issue and that no action will be taken against them if they do. (iii) The Employer shall, where practicable, provide a prior written notice to the ETU that a vote is going to be conducted and the date upon which it is to be conducted. (iv) The result of the vote shall be provided in writing to the Employees as soon as practicable. (v) No injury or prejudice will be suffered by an Employee because of the way they voted, of the outcome of the vote and/or they exercised their right to have a representative. (vi) Failure to comply strictly with all of the aforementioned requirements shall render any approval invalid. (e) For clarity, the above processes and requirements apply in relation to the following clauses: (i) Part A at clause 2.4; (ii) Part A at 6.6(g); (iii) Part A at clause 8.510.4; PART A ( SERVICE, MAINTENANCE AND INSTALLATION) 1 Application of Part A - Service, Maintenance and Installation 1.1 Part A of this Agreement covers and applies to: (a) the Employer; (ivb) Part A Employees of the Employer who work in the Geelong Refinery located at clause 10.4;Refinery Road, Xxxxx XXX 3214 2 Purpose of Agreement 2.1 Subject to the terms of this Agreement, this Agreement replaces and operates to the exclusion of (vto the full extent permitted by law) Part B at clause 4.4(b);all other awards, collective agreements and industrial instruments. (vi) Part B at clause 6.5(b); (vii) Part B at clause 6.6(a); (viii) Part B at clause 6.6(g); (ix) Part B at clause 8.5 (x) Part B at clause 9.3; (xi) Part B at clause 10.1; (xii) Part B at clause 10.4; (xiii) Part B at clause 18; (xiv) Part B at clause 23.1(i)2.2 The Employer shall ensure that upon commencement with the Employer, Employees shall be provided with reasonable access to a copy of this Agreement in full and alerted in particular to the fact that this Agreement isbinding.

Genuine and Informed Agreement of the Employees. (a) There are numerous clauses in this Agreement that provide for specific matters to be changed by agreement. (b) The Employer and Employees employees acknowledge and agree that in some circumstances, such changes can have significant detrimental effects on Employeesemployees’ wages, family responsibilities, work/life balance and/or morale. (c) Accordingly, the Employer and Employees employees acknowledge and agree that it is highly important in respect of certain clauses that the process of seeking and obtaining agreement of the Employees employees is done in such a way as to ensure that the Employees employees give genuine and informed consent with appropriate consideration time and without undue pressure, confusion and/or misleading/deceptive conduct. (d) To this end, where a clause in this Agreement refers to “a genuine and informed majority of the Employeesemployees”, this means that the following actions, conditions and processes have been completed and complied with: (i) A ¾ majority of the Employees employees who are to be affected, whether directly or indirectly, have voted in favour of the question. (ii) The Employer has given 3 working days written notice, or less where not practicable, of the request for agreement, which must also contain: (A) The details and reasons for seeking the agreement of the Employeesemployees; (B) the right for the Employees employees to vote against and that no action will be taken against them if they do; and (C) the right for the Employees employees to have the Union or other representative of their choice represent them in respect of the issue and that no action will be taken against them if they do. (iii) The Employer shall, where practicable, provide a prior written notice to the ETU that a vote is going to be conducted and the date upon which it is to be conducted. (iv) The result of the vote shall be provided in writing to the Employees employees as soon as practicable. (v) No injury or prejudice will be suffered by an Employee employee because of the way they voted, of the outcome of the vote and/or they exercised their right to have a representative. (vi) Failure to comply strictly with all of the aforementioned requirements shall render any approval invalid. (e) For clarity, the above processes and requirements apply in relation to the following clauses: (i) Part A at clause 2.4; (ii) Part A at 6.6(g); (iii) Part A at clause 8.510.4; (iv) Part A at clause 10.4; (v) Part B at clause 4.4(b); (viv) Part B at clause 6.5(b); (viivi) Part B at clause 6.6(a); (viiivii) Part B at clause 6.6(g); (ix) Part B at clause 8.5 (xviii) Part B at clause 9.3; (xiix) Part B at clause 10.1; (xiix) Part B at clause 10.4; (xiiixi) Part B at clause 18; (xivxii) Part B at clause 23.1(i). 1.1 Part A of this Agreement covers and applies to: (a) the Employer; (b) the employees of the Employer in Victoria and, for employees ordinarily based in Victoria, at any location at which the employee is temporarily required to perform work outside Victoria; 1.2 Part A of this Agreement does not apply to: (a) work performed at any enterprise or project where a site-specific or project-specific agreement is made between the Parties and applies to the employees (entered into after this Agreement is made); (b) work to which Part B - Construction applies; (c) work to which Part C - Country and Cottage applies or work performed in regional areas of Victoria, where an agreement specifically applicable to regional or country work applies to the Employer in respect of the employees (whether entered into before or after the making of this Agreement).

Genuine and Informed Agreement of the Employees. (a) There are numerous clauses in this Agreement that provide for specific matters to be changed by agreement. (b) The Employer and Employees acknowledge and agree that in some circumstances, such changes can have significant detrimental effects on Employees’ wages, family responsibilities, work/life balance and/or morale. (c) Accordingly, the Employer and Employees acknowledge and agree that it is highly important in respect of certain clauses that the process of seeking and obtaining agreement of the Employees is done in such a way as to ensure that the Employees give genuine and informed consent with appropriate consideration time and without undue pressure, confusion and/or misleading/deceptive conduct. (d) To this end, where a clause in this Agreement refers to “a genuine and informed majority of the Employees”, this means that the following actions, conditions and processes have been completed and complied with: (i) A ¾ majority of the Employees who are to be affected, whether directly or indirectly, have voted in favour of the question. (ii) The Employer has given 3 working days written notice, or less where not practicable, of the request for agreement, which must also contain: (A) The details and reasons for seeking the agreement of the Employees; (B) the right for the Employees to vote against and that no action will be taken against them if they do; and (C) the right for the Employees to have the Union or other representative of their choice represent them in respect of the issue and that no action will be taken against them if they do. (iii) The Employer shall, where practicable, provide a prior written notice to the ETU that a vote is going to be conducted and the date upon which it is to be conducted. (iv) The result of the vote shall be provided in writing to the Employees as soon as practicable. (v) No injury or prejudice will be suffered by an Employee because of the way they voted, of the outcome of the vote and/or they exercised their right to have a representative. (vi) Failure to comply strictly with all of the aforementioned requirements shall render any approval invalid. (e) For clarity, the above processes and requirements apply in relation to the following clauses: (i) Part A at clause 2.4; (ii) Part A at 6.6(g); (iii) Part A at clause 8.5; (iv) Part A at clause 10.4; (v) Part B at clause 4.4(b); (vi) Part B at clause 6.5(b); (vii) Part B at clause 6.6(a); (viii) Part B at clause 6.6(g); (ix) Part B at clause 8.5 (x) Part B at clause 9.3; (xi) Part B at clause 10.1; (xii) Part B at clause 10.4; (xiii) Part B at clause 18; (xiv) Part B at clause 23.1(i)) PART A (SERVICE, MAINTENANCE AND INSTALLATION)‌