Operation of the Agreement. The Parties recognize that it is impractical in this Agreement to provide for every contingency which may arise during the life of the Agreement, and the Parties hereby agree that it is their intention that this Agreement shall operate fairly as between them, and without detriment to the interest of either of them, and that, if during the term of this Agreement either Party believes that this Agreement is operating unfairly, the Parties will use their best efforts to agree on such action as may be necessary to remove the cause or causes of such unfairness, but failure to agree on any action pursuant to this Clause 8.2 shall not give rise to a dispute subject to arbitration in accordance with Clause 9 hereof.
Operation of the Agreement. This Agreement is comprehensive and provides the terms and conditions of employment of employees covered by this Agreement, other than terms and conditions applying under applicable legislation.
Operation of the Agreement. This Agreement will commence operation seven days after approval by the Fair Work Commission. This Agreement will nominally expire on 28 February 2027.
Operation of the Agreement. 4.1 This Agreement is comprehensive and provides the terms and conditions of employment of employees covered by this Agreement, other than terms and conditions applying under applicable legislation.
4.2 This includes:
(a) Workplace Relations Act 1996 (WR Act);
(b) Public Sector Management Act 1994 (PSM Act);
(c) Public Sector Management Standards (PSM Standards);
(d) Occupational Health and Safety Act 1989 (OHS Act); and
(e) Holidays Act 1958 (Holidays Act).
4.3 This Agreement constitutes a closed agreement in settlement of all claims for its duration. Therefore, during the life of this Agreement, there will be no further claims that affect the provisions of this Agreement, except where these claims are consistent with the terms of this Agreement.
4.4 This Agreement excludes the protected award conditions (as defined in the WR Act, as amended from time to time) that are about, or incidental to, protected award conditions within any award (as varied from time to time) applying to employment in the Agency.
4.5 This Agreement prevails over the Holidays Act, the PSM Act and the PSM Standards to the extent of any inconsistency.
4.6 To maintain the integrity of the agreement reached between the parties, the parties agree to meet and consult if an event occurs that makes a clause of this Agreement unenforceable, or undermines the operation of a clause of this Agreement, or otherwise changes the intention of the parties to this Agreement.
Operation of the Agreement. 4.2.1 The Agreement shall operate to encompass all terms and conditions of employment and shall operate to the exclusion of any and all other agreements (whether verbal or written) and/or awards (however they may apply). The Agreement shall supersede any and all prior written or oral agreements or representations between the parties on the subject.
Operation of the Agreement. 4.1 This Agreement commences upon signature by all of the Parties.
4.2 All disputes between the Parties will be resolved in accordance with this Agreement.
Operation of the Agreement. 20.1 During the term of this Agreement, the Parties will notify and consult each other on matters that come to their attention that may improve the operation of this Agreement.
20.2 In this Agreement, unless the contrary intention appears:
a) reference to an individual or person includes a corporation or other legal entity or, where a person is nominated, the individual occupying that position;
b) words in the singular number include the plural and words in the plural number include the singular;
c) words importing a gender include any other gender;
d) all references to clauses are clauses in this Agreement unless specified;
e) all references to dollars are to Australian dollars and this Agreement uses Australian currency and are exclusive of GST unless otherwise stated;
f) reference to any statute or other legislation (whether primary or subordinate) is to a statute or other legislation of the Commonwealth or the State as the context requires, and if it has been or is amended, is a reference to that statute or other legislation as amended; and
g) where any word or phrase is given a defined meaning, any other part of speech or other grammatical form in respect of that word or phrase has a corresponding meaning; and other words and expressions used in this Agreement will, so far as is applicable, have the meanings attributed to them by definitions in the Act.
20.3 The Schedules form part of this Agreement. If there is any inconsistency between the clauses of this Agreement and the Schedules, the following order of precedence applies:
a) the terms and conditions contained in the clauses of this Agreement; then
b) the Schedules.
Operation of the Agreement. 2.1 This Agreement will come into force on and from the date 7 days after the Agreement is approved by the Fair Work Commission and will remain in force up to and including 30 June 2017. [Note: This Agreement was approved by the Fair Work Commission on XXX and accordingly takes effect from XXX].
2.2 This is a single-enterprise Agreement made under Section 172 (2) of the Fair Work Act 2009.
2.3 This Agreement operates to the exclusion of, and wholly replaces, all relevant awards and agreements which may otherwise, but for this clause, apply to those staff whose employment falls within the scope of this Agreement, except for the National Employment Standards. There will be no further claims in matters related to this Agreement during its nominal term except where permitted by this Agreement.
2.4 Where policies, codes, procedures, guidelines and other administrative arrangements of the University are referred to in this Agreement, the terms thereof are explicitly not incorporated into the Agreement and do not form part of the Agreement. The University will consult with the Academic Staff Consultative Committee on policy and guideline development that affects the working conditions of staff, and apply policies in a fair and consistent manner.
2.5 The parties to this Agreement will commence negotiations for a replacement Agreement no later than three months before the expiry of this Agreement. This will include discussions on scheduling and resourcing.
2.6 If any of the parties referred to in Clause 1.3 had, prior to the date this Agreement comes into force, commenced a process under any of the clauses of the University of Newcastle Academic Staff Enterprise Agreement 2010 listed below, those processes will continue to completion provided that the procedures set out in the comparable clauses of this Agreement (listed below) will be applied from the equivalent stage to that reached under the 2010 Agreement. The relevant clauses of the University of Newcastle Academic Staff Enterprise Agreement 2010 and their equivalents in this Agreement are as follows: 7 Probation 7 Probation 9 Performance Concerns 9 Performance Concerns 10 Unsatisfactory Performance 10 Unsatisfactory Performance 11 Misconduct/Serious Misconduct 11 Misconduct/Serious Misconduct 16 Organisational Change 17 Organisational Change 17 Voluntary Separation, Redeployment and Retrenchment 18 Voluntary Separation, Redeployment and Retrenchment 18 Abandonment of Employment 20 Abandonment of Employment 20...
Operation of the Agreement. 6.01. The Corporation shall at all times maintain policies and practices to ensure the safeguarding of classified information and controlled unclassified information entrusted to it and the performance of classified contracts and participation in classified programs for the User Agencies in accordance with the Security Agreement (DD Form 441 or its successor form), this Agreement, appropriate contract provisions regarding security, United States export control laws, and the NISP.
a. The following additional protections shall be established in the by-laws and/or resolutions of the governing boards, as appropriate, of the Corporation and the Parent Corporation, acknowledged as provided in subsections 6.01a.l. and 6.01a.2. below, and shall control the actions of the parties hereto during the term of this Agreement:
1. Pursuant to a resolution of the Corporation Board, which shall not be repealed or amended without approval of DSS, the Corporation shall exclude the Affiliate and all members of its Board of Directors and all of its officers, employees, agents and other representatives of each of them from access to classified information and controlled unclassified information entrusted to the Corporation. The above exclusion shall not, however, preclude the exchange of classified information or controlled unclassified information between the Corporation and any affiliates when such exchange is permissible under the NISP and applicable United States laws and regulations.
2. Pursuant to a resolution of the Parent Corporation’s Board of Directors, which shall not be repealed or amended without approval of DSS, the Parent Corporation shall formally acknowledge and approve the Corporation’s resolution referred to in subsection 6.01a.1. above, and shall additionally resolve:
(i) to exclude itself and all affiliates and all members of the Boards of Directors and all officers, employees, agents and other representatives of all of the foregoing, from access to classified information and controlled unclassified information entrusted to the Corporation, except as expressly permissible pursuant to subsection 6.01a.1. above; and:
(ii) shall resolve to grant the Corporation the independence to safeguard classified information and controlled unclassified information entrusted to it; and
(iii) and shall additionally resolve to refrain from taking any action to control or influence the performance of the Corporation’s classified contracts or the Corporation’s participation in ...
Operation of the Agreement. (a) This Agreement shall be effective and binding immediately upon its execution, but anything in this Agreement to the contrary notwithstanding, this Agreement shall not be operative unless and until there shall have occurred a Change in Control. For purposes of this Agreement, a "Change in Control" shall have occurred if at any time during the Term (as that term is hereafter defined) the Company is merged or consolidated or reorganized into or with another corporation or other legal person and as a result of such merger, consolidation or reorganization less than 51% of the combined voting power of the then-outstanding securities of such corporation or person immediately after such transaction is held in the aggregate by the holders of then-outstanding securities entitled to vote generally in the election of directors ("Voting Stock") of the Company immediately prior to such transaction. 2
(b) Upon the occurrence of a Change of Control at any time during the Term, this Agreement shall become immediately operative.
(c) The period during which this Agreement shall be in effect (the "Term") shall commence as of the date hereof and shall expire as of the later of (i) the close of business on June 1, 1997 or (ii) the expiration of the Period of Employment (as that term is hereafter defined); provided, however, that if, prior to a Change in Control, the Executive ceases for any reason to be an elected officer or assistant officer of the Company, thereupon the Term shall be deemed to have expired and this Agreement shall immediately terminate and be of no further effect.
