Incapacity to pay. (a) Subject to an application by the employer and further order of the Industrial Relations Commission of New South Wales an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause 41.3 Severance Pay, above. (b) The Industrial Relations Commission shall have regard to such financial and other resources of the employer concerned as the Industrial Relations Commission thinks relevant, and the probable effect paying the amount of severance pay in the said subclause 41.3 above will have on the employer.
Appears in 1 contract
Samples: Enterprise Agreement
Incapacity to pay. (a) Subject to an application by the employer and further order of the NSW Industrial Relations Commission of New South Wales Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause 41.3 Severance Pay, above16.12.
(b) The Industrial Relations Commission shall have regard to such financial and other resources of the employer concerned as the Industrial Relations Commission thinks relevant, and the probable effect paying the amount of severance pay in the said subclause 41.3 above 16.12 will have on the employer.
Appears in 1 contract
Samples: Enterprise Agreement
Incapacity to pay. (a) Subject to an application by the employer and further order of the NSW Industrial Relations Commission of New South Wales Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause 41.3 Severance Pay, above30.13.
(b) The Industrial Relations Commission shall have regard to such financial and other resources of the employer concerned as the Industrial Relations Commission thinks relevant, and the probable effect paying the amount of severance pay in the said subclause 41.3 above 30.13 will have on the employer.
Appears in 1 contract
Samples: Enterprise Agreement
Incapacity to pay. (ai) Subject to an application by the employer and further order of the Australian Industrial Relations Commission of New South Wales Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause 41.3 Severance Pay, abovesubparagraphs (1)and (2) of paragraph (a) of this subclause.
(bii) The Industrial Relations Commission shall have regard to such financial and other resources of the employer concerned as the Industrial Relations Commission thinks relevant, and the probable effect paying the amount of severance pay in the said subclause 41.3 above (a) will have on the employer.
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Samples: Employer Agreement
Incapacity to pay. (a) 34.1 Subject to an application by the employer and further order of the NSW Industrial Relations Commission of New South Wales Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause 41.3 Severance Pay, abovesection 33.
(b) 34.2 The Industrial Relations Commission shall have regard to such financial and other resources of the employer concerned as the Industrial Relations Commission thinks relevant, and the probable effect paying the amount of severance pay in the said subclause 41.3 above Section 33 will have on the employer.
Appears in 1 contract
Samples: Enterprise Agreement
Incapacity to pay. (a) Subject to an application by the employer and further order of the NSW Industrial Relations Commission of New South Wales Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause 41.3 Severance Pay, above47.13.
(b) The Industrial Relations Commission shall have regard to such financial and other resources of the employer concerned as the Industrial Relations Commission thinks relevant, and the probable effect paying the amount of severance pay in the said subclause 41.3 above 47.13 will have on the employer.
Appears in 1 contract
Samples: Enterprise Agreement
Incapacity to pay. (a) Subject to an application by the employer Employer and further order of the Industrial Relations Commission of New South Wales an employer NSW, the Employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause 41.3 Severance Pay, above45.13.
(b) The Industrial Relations Commission shall have regard to such financial and other resources of the employer Employer concerned as the Industrial Relations Commission thinks relevant, and the probable effect paying the amount of severance pay in the said subclause 41.3 above 45.13 will have on the employerEmployer.
Appears in 1 contract
Samples: Enterprise Agreement