Common use of Incapacity to pay Clause in Contracts

Incapacity to pay. Subject to an application by the Employer and further order of the Industrial Relations Commission, the Employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (a) above. 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 subclause (i) above will have on the Employer.

Appears in 1 contract

Samples: Enterprise Agreement

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Incapacity to pay. Subject to an application by the Employer Company and further order of the Industrial Relations Commission, the Employer Company may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (a) 35.5.1 above. The Industrial Relations Commission shall have regard to such financial and other resources of the Employer Company concerned as the Industrial Relations Commission thinks relevant, and the probable effect paying the amount of severance pay in subclause (i) above will have on the EmployerCompany.

Appears in 1 contract

Samples: Enterprise Agreement

Incapacity to pay. Subject to an application by the Employer employer and further order of the Industrial Relations Commission, the Employer an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph Paragraph (a) above. 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 subclause sub-clause (i) above will have on the Employeremployer.

Appears in 1 contract

Samples: Enterprise Agreement

Incapacity to pay. Subject to an application by the Employer and further order of the Industrial Relations Commission, the an Employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (a) 31.5.1 above. 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 subclause (i) paragraph 31.5.1 above will have on the Employer.

Appears in 1 contract

Samples: Enterprise Agreement

Incapacity to pay. Subject to an application by the Employer employer and further order of the Industrial Relations Commission, the Employer an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph subclause (ai) above. 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 subclause (i) above will have on the Employeremployer.

Appears in 1 contract

Samples: Enterprise Agreement

Incapacity to pay. Subject to an application by the Employer and further order of the Industrial Relations Commission, the an Employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (a) 32.5.1 above. 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 subclause (i) 32.5.1 above will have on the Employer.

Appears in 1 contract

Samples: Enterprise Agreement

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Incapacity to pay. Subject to an application by the Employer and further order of the Industrial Relations Commission, the an Employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (a) 35.5.1 above. 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 subclause (i) 35.5.1 above will have on the Employer.

Appears in 1 contract

Samples: Enterprise Agreement

Incapacity to pay. Subject to an application by the Employer employer and further order of the Industrial Relations Commission, the Employer an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (a) 33.5.1 above. The Industrial Relations Commission shall will 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 subclause (i) paragraph 33.5.1 above will have on the Employeremployer.

Appears in 1 contract

Samples: Enterprise Agreement

Incapacity to pay. Subject to an application by the Employer and further order of the Industrial Relations Commission, the an Employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (a) 37.5.1 above. 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 subclause (i) paragraph 37.5.1 above will have on the Employer.

Appears in 1 contract

Samples: Enterprise Agreement

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