Common use of Operation of the Agreement Clause in Contracts

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 Incapacity 21 Incapacity 48 Inquiry Officer 54 Inquiry Officer 49 Committee of Inquiry 55 Committee of Inquiry 50 Dispute Resolution Procedure 56 Dispute Resolution Procedure

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 XXXX and accordingly takes effect from XXXXXXXXX]. 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 Teachers 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 1.4 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 Teachers 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 Teachers 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 Incapacity 21 Incapacity 48 Inquiry Officer 54 Inquiry Officer 49 Committee of Inquiry 55 Committee of Inquiry 50 Dispute Resolution Procedure 56 Dispute Resolution Procedure:

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 XXXXX and accordingly takes effect from XXXXXXXX]. 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 Professional 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 General 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 General Staff Enterprise Agreement 2010 and their equivalents in this Agreement are as follows: 7 11 Probation 7 11 Probation 9 12 Performance Concerns 9 12 Performance Concerns 10 13 Unsatisfactory Performance 10 13 Unsatisfactory Performance 11 14 Misconduct/Serious Misconduct 11 14 Misconduct/Serious Misconduct 16 20 Organisational Change 17 20 Organisational Change 17 Voluntary Separation, 22 Redeployment and Retrenchment 18 Voluntary Separation, Redundancy 22 Redeployment and Retrenchment 18 Redundancy 26 Abandonment of Employment 20 26 Abandonment of Employment 20 27 Incapacity 21 27 Incapacity 48 71 Inquiry Officer 54 73 Inquiry Officer 49 72 Committee of Inquiry 55 74 Committee of Inquiry 50 73 Dispute Resolution Procedure 56 75 Dispute Resolution Procedure