Protected Conditions Sample Clauses

Protected Conditions. 1.7.1. This agreement forms the complete agreement covering all terms and conditions of employment. It operates to the exclusion of any and all awards and supersedes any previous arrangements or agreements. 1.7.2. This agreement expressly excludes, to the extent permissible by law, all Protected Award Conditions as prescribed by Part 8; Division 7, Section 354 of the Act, however so described or determined by a relevant court or tribunal of competent jurisdiction, which may at any time apply to this agreement as a result of an order of the Commission under Part 10, Division 6 and / or Division 7 of the Act. 1.7.3. This agreement expressly excludes, to the extent permissible by law, all Protected Preserved Conditions as prescribed by Schedule 8; Part 2; Division 6A; Clause 25A of the Act, however so described or determined by a relevant court or tribunal of competent jurisdiction. 1.7.4. This agreement expressly excludes, to the extent permissible by law, all Protected Notional Conditions as prescribed by Schedule 8; Part 3; Division 6; Clause 52 of the Act, however so described or determined by a relevant court or tribunal of competent jurisdiction.
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Protected Conditions. 1.7.1. This agreement forms the complete agreement covering all terms and conditions of employment. It operates to the exclusion of any and all awards and supersedes any previous arrangements or agreements. 1.7.2. This agreement expressly excludes, to the extent permissible by law, all Protected Award Conditions as prescribed by Part 8; Division 7, Section 354 of the Act, however so described or determined by a relevant court or tribunal of competent jurisdiction, which may at any time apply to this agreement as a result of an order of the Commission under Part 10, Division 6 and / or Division 7 of the Act. This agreement expressly excludes, to the extent permissible by law, all Protected Preserved Conditions as prescribed by Schedule 8; Part 2; Division 6A; Clause 25A of the Act, however so described or determined by a relevant court or tribunal of competent jurisdiction.
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Protected Conditions. 18.1 The terms of any Protected Conditions which might otherwise apply to the Employees are expressly excluded from this agreement, and do not apply to the Employee's employment - including Protected Conditions concerning (a) rest breaks; (b) incentive based payments and bonuses; (c) annual leave loadings; (d) observance of days declared by or under a law of a State or Territory, to be observed generally within that State of Territory, or a region of that State or Territory, as Public Holidays by Employees who work in that State, Territory or region, and entitlements of Employees to payment in respect of those days; (e) days to be substituted for, or a procedure for substituting days referred to in paragraph (d); (f) monetary allowances for: (i) expenses incurred in the course of employment; or (ii) responsibilities or skills that are not taken into account in rates of pay for Employees; or (iii) disabilities associated with the performance of particular tasks or work in particular conditions or locations; (g) loadings for working overtime or for shift work; and (h) penalty rates.
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Protected Conditions. As per clause 8.2, this Agreement overrides and excludes the following protected award conditions of the Regional Airlines Pilots’ Award 2003, in accordance with s354 of the Act:
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Protected Conditions. Gosford RSL Leisure Living Ltd and its employees have considered the requirements surrounding Protected Conditions and the Fairness Test, and agree that all provisions outlined in this Agreement have addressed these matters with the exception of Incentive Based Payments and Bonuses; and Outworker Conditions as these did not have application prior to the establishment of this Agreement.
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Protected Conditions. All at present in force which are not specifically mentioned in this Agreement and which are not contrary to its general purpose and intent continue in force and effect unless cancelled or terminated in accordance with the terms of this article. Any condition which was implemented by the Employer on a conditional basis can be terminated when the terms of the condition have been exhausted or or the condition has been withdrawn. Any other condition which was granted by the Employer but which is not specifically provided for in this Agreement may be cancelled by the Employer by: serving the Union with written notice days of the ratification of this Agreement, or serving the Union with written notice of cancellation effective on the last day of each year of this Collective Agreement. A wholesome meal shall be supplied by the Employer with no deduction the employee's wages on the following basis: All shifts in excess of five (5) hours worked shall receive one (1) meal per day
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Protected Conditions. 25.1 Protected Award Conditions
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Protected Conditions. All protected conditions are hereby expressly excluded from operating in this agreement including rest breaks, incentive based payments and bonuses, annual leave loadings, public holidays, monetary allowances, overtime and shift work loadings, penalty rates, outworker conditions, matters specified by regulations except where specifically mentioned in this agreement or as covered by the Rubber, Plastic and Cablemaking Industry - General - Award 1998, the Metal, Engineering and Associated Industries Award, 1998, Storemen and Packers General (State) Award, Transport Industry - Mixed Enterprises Wages (State) Award, effective at the date of lodgement of this agreement. All parties agree to identify and eliminate any inconsistencies in the four awards during the term of this agreement.
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Protected Conditions. The matters of public holidays, rest breaks and meal breaks, shift/overtime loadings, annual leave loading, allowances, penalty rates and incentive based payments and bonuses are already addressed within this Agreement or have been intentionally excluded from this Agreement and compensated for via an increased Basic Periodic Rate of Pay. As such, those same terms contained within the relevant industry NAPSA, relevant federal award or other industrial instrument are excluded and will not apply to the Employer or the Employees.
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Related to Protected Conditions

  • Employment Conditions In accepting the option, you acknowledge that: (a) Any notice period mandated under any applicable laws shall not be treated as service for the purpose of determining the vesting of the option; and your right to receive shares of Common Stock in settlement of the option after termination as an employee, if any, will be measured by the date of your termination as an employee and will not be extended by any notice period mandated under the applicable law. Subject to the foregoing and the provisions of the Plan, the Company, in its sole discretion, shall determine whether your status as an employee or other service-provider has terminated and the effective date of such termination. (b) The vesting of the option shall cease upon, and no portion of the option shall become vested following, your termination as an employee or other service-provider for any reason except as may be explicitly provided by the Plan or this Stock Option Agreement. Unless otherwise provided in the Plan or this Stock Option Agreement, the unvested portion of the option at the time of your termination as an employee or other service-provider will be forfeited. (c) The Plan is established voluntarily by the Company. It is discretionary in nature and it may be modified, amended, suspended or terminated by the Company at any time, subject to Section 8.6.5 of the Plan. (d) The grant of the option is voluntary and occasional and does not create any contractual or other right to receive future grants of options, or benefits in lieu of options, even if options have been granted repeatedly in the past. (e) All decisions with respect to future option grants, if any, will be at the sole discretion of the Company. (f) You are voluntarily participating in the Plan. (g) The option is an extraordinary item that does not constitute compensation of any kind for service rendered to the Company (or any Subsidiary), and which is outside the scope of your employment contract, if any. In addition, the option is not part of normal or expected compensation or salary for any purpose, including, but not limited to, calculating any severance, resignation, termination, redundancy, end-of-service payments, bonuses, long-service awards, pension or retirement benefits or similar payments. (h) The future value of the underlying shares of Common Stock is unknown and cannot be predicted with certainty. If you obtain shares upon settlement of the option, the value of those shares may increase or decrease. (i) No claim or entitlement to compensation or damages arises from termination of the option or diminution in value of the option or shares of Common Stock acquired upon settlement of the option resulting from your termination of employment or service (for any reason whether or not in breach of the local law) and you irrevocably release the Company and each Subsidiary from any such claim that may arise. If, notwithstanding the foregoing, any such claim is found by a court of competent jurisdiction to have arisen then, by signing this Stock Option Agreement, you shall be deemed irrevocably to have waived your entitlement to pursue such a claim.

  • Termination Conditions Such license shall not be terminated or its exploitation enjoined, until and unless: (i) Hitachi has committed a material breach of its obligations under this IP License Agreement, Opto-Device has given written notice of such breach to Hitachi and such breach remains uncured after the Cure Period, or, in the case of a breach, which cannot be cured within such Cure Period, Hitachi has not instituted within such Cure Period steps necessary to remedy the default and/or thereafter has not diligently pursued the same to completion; or (ii) such a material breach is incurable. In the event the breach is a curable breach that cannot be cured within the Cure Period but with respect to which Hitachi has instituted steps necessary to remedy the default and is thereafter diligently pursuing such cure, both parties shall negotiate to determine whether further pursuit of such cure is reasonable. If the parties cannot agree on a resolution in such negotiations, then this issue shall be referred to arbitration pursuant to the arbitration procedures set forth in Exhibit B hereto to decide whether such breach can be cured or any other alternative remedy should be adopted. In the event the breach is an incurable breach, the parties agree that the matter shall be referred to arbitration pursuant to the arbitration procedures set forth in Exhibit B hereto to determine the appropriate remedy. In the event that either party submits the dispute to arbitration, both parties shall cooperate in such binding arbitration in accordance with Exhibit B.

  • Qualifying Conditions In addition to any other compensation earned, any employee who is on the payroll of the Company on any of the foregoing recognized statutory holidays will be granted eight (8) hours' pay at the straight time rate of the employee's regular job, subject to compliance with all of the conditions (a) to (f) set forth below: (a) The employee must have been on the payroll for not less than the sixty (60) days just preceding the holiday and must have previously qualified for a statutory holiday as provided in (d) below, and (b) The employee must have worked at least one (1) day during the sixty (60)- day qualifying period just preceding the holiday, and (c) The employee must have worked their scheduled work day before, and their scheduled work day after, such holiday, unless failure to work their scheduled work day before or after the holiday was due to any of the following events: (i) When the employee is on their regular authorized paid vacation; (ii) When the employee is unable to work by reason of an industrial accident as recognized by the Workers' Compensation Board or non-occupational sickness or injury; (iii) When the operation in which the employee is engaged is curtailed or discontinued by the decision of the Company and which curtailment or discontinuance changes or eliminates the employee's scheduled work day before, or their scheduled work day after, such holiday; (iv) When a trade in shifts agreed upon between employees and approved in advance by the company results in a temporary change of the scheduled work day before, or the scheduled work day after, the holiday, provided the employee works the shift agreed upon; (v) When the employee is on a leave of absence authorized by the Company. (d) The employee who has been on the payroll for at least sixty (60) days but who has not previously qualified for a statutory holiday will qualify for the holiday if he has worked a minimum of one hundred eighty (180) hours during the sixty (60)- day qualifying period just preceding the holiday and meets the requirements of (b) and (c) above. (e) Time lost as the result of an accident as recognized by the Workers' Compensation Board, suffered during the course of employment, or time lost as a result of non-occupational sickness or injury shall be considered as time worked for the purpose of qualifying for a recognized paid holiday, it being understood that the employee will only be entitled to this credit for time while on Workers' Compensation or non-occupational sickness or injury for a period of up to but not exceeding one (1) year from the date of their sickness or injury. (f) It is understood and agreed, however, that an employee shall not receive the above provided holiday pay if they have agreed to work on such holiday and fails or refuses to work, except in the case where bona fide sickness, or other bona fide reason approved by the Company, prevents them working on such holiday.

  • CONCEALED CONDITIONS 12.2.1 Should concealed conditions encountered in the performance of the Work below the surface of the ground, or should concealed or unknown conditions in an existing structure be at variance with the conditions indicated by the Contract Documents or should unknown physical conditions below the surface of the ground or should concealed or unknown conditions in an existing structure of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract, be encountered, the Contract Sum shall be equitably adjusted by Change Order upon claim by either

  • Market Conditions Notwithstanding any provision of this Agreement to the contrary, settlement and payment for Foreign Assets received for the account of the Portfolios and delivery of Foreign Assets maintained for the account of the Portfolios may be effected in accordance with the customary established securities trading or processing practices and procedures in the country or market in which the transaction occurs, including, without limitation, delivering Foreign Assets to the purchaser thereof or to a dealer therefor (or an agent for such purchaser or dealer) with the expectation of receiving later payment for such Foreign Assets from such purchaser or dealer. The Custodian shall provide to each Board the information with respect to custody and settlement practices in countries in which the Custodian employs a Foreign Sub-Custodian described on Schedule C hereto at the time or times set forth on such Schedule. The Custodian may revise Schedule C from time to time, provided that no such revision shall result in a Board being provided with substantively less information than had been previously provided hereunder.

  • Existing Conditions Tenant accepts the Property in its condition as of the execution of the Lease, subject to all recorded matters, laws, ordinances, and governmental regulations and orders. Except as provided herein, Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation as to the condition of the Property or the suitability of the Property for Tenant's intended use. Tenant represents and warrants that Tenant has made its own inspection of and inquiry regarding the condition of the Property and is not relying on any representations of Landlord or any Broker with respect thereto. If Landlord or Landlord's Broker has provided a Property Information Sheet or other Disclosure Statement regarding the Property, a copy is attached as an exhibit to the Lease.

  • Safe Working Conditions The Employer undertakes to maintain office furniture, equipment, etc., in a practical and safe condition in order to avoid injury to employees or damage to their attire. Employees, for their part and in their own interest, are expected to advise the Employer of any such potentially injurious equipment.

  • Unsafe Working Conditions Employees shall be recognized by the Employer to have the competence to determine what constitutes unsafe working conditions within their discipline. No employee shall be disciplined for refusal to work in a situation which is deemed unsafe beyond the reasonable requirements of the employee's job.

  • Employment Condition The Participant must be employed by the Employer on the last day of the Plan Year, irrespective of whether he satisfies any Hours of Service condition under Option (d), with the following exceptions: (Choose (1) or at least one of (2) through (5))

  • TEACHING CONDITIONS The parties recognize that optimum school facilities for both student and teacher are desirable to insure the high quality of education that is the goal of both the Association and the Board. It is also acknowledged that the primary duty and responsibility of the teacher is to teach and that the organization of the school and school day should be directed toward ensuring that the energy of the teacher is primarily utilized to this end.

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