Insufficient and Non-Availability Clause Samples
The 'Insufficient and Non-Availability' clause defines the procedures and consequences when a required resource, product, or service is not available or is insufficient to meet contractual obligations. Typically, this clause outlines the steps parties must take if shortages occur, such as notifying the other party, seeking alternative sources, or suspending performance until availability is restored. Its core function is to allocate risk and provide a clear process for handling disruptions caused by shortages, thereby minimizing disputes and ensuring both parties understand their rights and responsibilities in such situations.
Insufficient and Non-Availability. (a) Where the Employer requires a casual employee to work a minimum of 225 hours in a twelve (12) month period, the following shall apply:
(i) If the employee has worked less than 112.5 hours in the six (6) month period following the employee’s start date, and any six (6) month period thereafter calculated from that start date, the Employer shall issue a letter to the employee which shall state the number of hours the employee has worked, and further advise that if the employee does not work the required minimum of 225 hours over the applicable twelve (12) month period or provide a bona fide reason for not doing so, then they will be removed from the casual register and their employment will end. This letter will be sent to the employee by registered mail at their last known address and will be copied to the Union.
(ii) If the employee has worked less than 225 hours in the twelve (12) month period following the employee’s start date, and any twelve (12) month period thereafter calculated from that start date, the Employer shall issue a letter to that employee which shall state the number of hours the employee has worked in the preceding twelve (12) months and that, unless the employee provides a bona fide reason for not working the required minimum within 30 days of receipt of the letter they will be removed from the casual register and their employment will end. This letter will be sent to the employee by registered mail at their last known address and will be copied to the Union, and will be deemed to be the notice to the Union described in Article 15.04.
(iii) If the casual employee appears on more than one casual register with an Employer and has not worked any hours within a twelve (12) month period on one or more of those casual registers, the Employer shall send a letter by registered mail to the employee’s last known address advising that they will be removed from those casual register(s) where they have not worked unless they provide a bona fide reason for not accepting work within 30 days of receipt of the letter. The letter will be copied to the Union.
(b) Where the Employer declines to require a casual employee to work a minimum of 225 hours over a twelve (12) month period, the following shall apply:
(i) Where a casual employee has not accepted any work for a period longer than three (3) months the Employer and the Union shall meet to discuss the bona fides of the refusal and the continued employment of the employee.
(ii) Where there is no bona...
Insufficient and Non-Availability. Where the Employer requires a casual employee to work a minimum of two hundred and twenty five (225) hours in a twelve (12) month period, the following shall apply:
i) If the employee has worked less than one hundred and twelve point five (112.5) hours in the six (6) month period following the employee’s start date, and any six (6) month period thereafter calculated from that start date, the Employer may issue a letter to the employee which shall state the number of hours the employee has worked, and further advise that if the employee does not work the required minimum of two hundred and twenty five (225) hours over the applicable twelve (12) month period or provide a bona fide reason for not doing so, then they may be removed from the casual register and their employment will end. This letter will be sent to the employee by registered mail at their last known address and will be copied to the Union.
ii) If the employee has worked less than two hundred and twenty five (225) hours in the twelve (12) month period following the employee’s start date, and any twelve (12) month period thereafter calculated from that start date, the Employer may issue a letter to that employee which shall state the number of hours the employee has worked in the preceding twelve (12) months and that, unless the employee provides a bona fide reason for not working the required minimum within thirty (30) days of receipt of the letter they may be removed from the casual register and their employment will end. This letter will be sent to the employee by registered mail at their last known address and will be copied to the Union, and will be deemed to be the notice to the Union described in Article 9.05.
Insufficient and Non-Availability. (a) Where the Employer requires a casual employee to work a minimum of 300 hours in a twelve (12) month period in 2017 and 400 hours over a twelve (12) month period in 2018 and thereafter, the following shall apply:
(i) If the employee has worked less than 150 hours in the six (6) month period in 2017, and 200 hours in the six
Insufficient and Non-Availability. (a) Where the Employer requires a casual employee to work a minimum of 400 hours over a twelve (12) month period, the following shall apply:
(i) If the employee has worked less than 200 hours in the six (6) month period following the employee’s start date, and any six (6) month period thereafter calculated from that start date, the Employer shall issue a letter to the employee which shall state the number of hours the employee has worked, and further advise that if the employee does not work the required minimum of 400 hours over the ap- plicable twelve (12) month period or provide a bona fide reason for not doing so, then they may be removed from the casual register and their employment will end. This letter will be vetted by the manager prior to being sent to the employee by registered mail at their last known address or delivered by hand and will be copied to the Union.
(ii) If the employee has worked less than 400 hours over a twelve (12) month period follow- ing the employee’s start date, and any twelve
Insufficient and Non-Availability. Where the Employer requires a casual employee to work a minimum of one hundred and twelve and a half (112.5) hours in a six month period, the following shall apply:
i) If the employee has worked less than one hundred and twelve point and a half (112.5) hours in the six (6) month period following the employee’s start date, and any successive six (6) month period thereafter calculated from that start date, the Employer may issue a letter to the employee which shall state the number of hours the employee has worked during the current six (6) month period, and further advise that if the employee does not work the required minimum of one hundred and twelve and a half (112.5) hours in a six month period, and unless the employee provides a bona fide reason for not working the required minimum within thirty (30) days of receipt of the letter, then they will be removed from the casual register and their employment will end. This letter will be sent to the employee by registered mail at their last known address and will be copied to the Union, and will be deemed to be the notice to the Union described in Article 15.03 – Employer Terminations.
Insufficient and Non-Availability. (a) Where the Employer requires a casual employee to work a minimum of 400 hours over a twelve