Provisions Providing Entitlements Superior to the Nes Sample Clauses

This clause establishes that certain employment entitlements provided in the agreement exceed the minimum standards set by the National Employment Standards (NES). In practice, it may grant employees additional leave, higher pay rates, or more flexible working arrangements than those mandated by the NES. The core function of this clause is to ensure employees receive benefits that are more generous than the legal minimum, thereby enhancing employee rights and clarifying that these superior entitlements take precedence over the NES where applicable.
Provisions Providing Entitlements Superior to the Nes. ‌ 8.1 Requests for flexible working arrangements (a) An employee may request, in writing, a change in their working arrangements in the following circumstances: (i) the employee is the parent, or has responsibility for the care, of a child who is of school age or younger; (ii) the employee is a carer (within the meaning of the Carer Recognition Act 2010); (iii) the employee has a disability; (iv) the employee is 55 or older; (v) the employee is experiencing violence from a member of the employee’s family; (vi) the employee provides care or support to a member of the employee’s immediate family, or a member of the employee’s household, who requires care or support because the member is experiencing violence from the member’s family.
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Provisions Providing Entitlements Superior to the Nes. ‌ 9.1. Parental Leave a) The parental provisions of the NES are varied such that: (i) for an Employee who is entitled to take, and does take, unpaid birth-related leave under section 70 of the Act, and who is or will be the primary carer of the child, the first 16 weeks of that leave will be paid leave; (ii) for an Employee who is entitled to take, and does take, unpaid adoption-related leave from before or at the time of placement of the child under section 70 of the Act, and who is or will be the primary carer of the child, the first 14 weeks of that leave will be paid leave; (iii) an Employee with service of at least the amount prescribed in section 67(1) or (2) of the Act whose spouse or partner gives birth to a child or adopts a child is entitled to paid leave for 5 School Days around the time of birth. The timing of the leave will be as required and negotiated with the Principal, and it is not necessary that they be taken on consecutive School Days; (iv) the rate of payment for paid leave under this Clause will be the Employee's permanent fraction of time plus any regular allowances payable immediately before commencing the leave. b) If an Employee receives a payment under this Clause in respect of a period of parental leave, and the Employee subsequently takes a further period of parental leave in respect to the birth or placement of another child, the Employee will not be entitled to a further payment under this Clause unless the Employee has returned to work at the School and accrued at least 12 months continuous service, in any capacity, between the date that the Employee returned to work after the previous period of parental leave and the date that the Employee commences the subsequent period of parental leave. The rate of payment for this subsequent period of paid leave will be the Employee’s fraction of time plus any regular allowances payable, averaged over the 12 months immediately before commencing the leave. c) Any paid leave taken in accordance with Clause 9.1(a) (i) and Clause 9.1(a) (ii) will not count as service for any purposes but will not constitute a break in service. d) The School will make superannuation contributions on any payments made under Clause 9.1(a)(i) or Clause 9.1 (a)(ii). e) An Employee's entitlement to paid leave under Clause 9.1(a) does not affect, and is not affected by, an Employee's entitlement to paid parental leave under the Paid Parental Leave Act 2010 (Cth), or any other instrument.
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Provisions Providing Entitlements Superior to the Nes. ‌‌ 8.1 Parental Leave (a) The parental provisions of the NES are varied such that: i) for an Employee who is entitled to take, and does take, unpaid birth-related leave or adoption-related leave under section 70 of the Act, and who is or will be the primary carer of the child, the first 14 weeks of that leave will be paid leave. 14 weeks paid leave is subject to the employee having at least one year’s continuous service. This entitlement does not apply to casual employees. ii) Primary Carer means the person who has the primary responsibility to care for or support the dependent infant or the pre-school age child. The primary carer for the payment of paid leave must be: ▪ the birth mother of the newborn; ▪ the adopting parent of the child; or ▪ another person caring for the child. iii) an Employee with service of at least the amount prescribed in section 67(1) or (2) of the Act whose spouse gives birth to a child or adopts a child is entitled to paid leave for five School Days and unpaid leave for five School Days, within 6 months of the date of birth or the day of placement of the child or around the date of the child’s birth or adoption. This leave need not necessarily be taken in one continuous period.
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Provisions Providing Entitlements Superior to the Nes 
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Related to Provisions Providing Entitlements Superior to the Nes

  • Actions Prior to the Distribution Prior to the Effective Time and subject to the terms and conditions set forth herein, the Parties shall take, or cause to be taken, the following actions in connection with the Distribution:

  • Sub-Advisor Compliance Policies and Procedures The Sub-Advisor shall promptly provide the Trust CCO with copies of: (i) the Sub-Advisor’s policies and procedures for compliance by the Sub-Advisor with the Federal Securities Laws (together, the “Sub-Advisor Compliance Procedures”), and (ii) any material changes to the Sub-Advisor Compliance Procedures. The Sub-Advisor shall cooperate fully with the Trust CCO so as to facilitate the Trust CCO’s performance of the Trust CCO’s responsibilities under Rule 38a-1 to review, evaluate and report to the Trust’s Board of Trustees on the operation of the Sub-Advisor Compliance Procedures, and shall promptly report to the Trust CCO any Material Compliance Matter arising under the Sub-Advisor Compliance Procedures involving the Sub-Advisor Assets. The Sub-Advisor shall provide to the Trust CCO: (i) quarterly reports confirming the Sub-Advisor’s compliance with the Sub-Advisor Compliance Procedures in managing the Sub-Advisor Assets, and (ii) certifications that there were no Material Compliance Matters involving the Sub-Advisor that arose under the Sub-Advisor Compliance Procedures that affected the Sub-Advisor Assets. At least annually, the Sub-Advisor shall provide a certification to the Trust CCO to the effect that the Sub-Advisor has in place and has implemented policies and procedures that are reasonably designed to ensure compliance by the Sub-Advisor with the Federal Securities Laws.

  • Cooperation Prior to the Distribution (a) L-3 and Spinco shall prepare, and L-3 shall mail to the holders of L-3 Common Stock, the Information Statement, which shall set forth appropriate disclosure concerning Spinco, the Distribution and any other appropriate matters. L-3 and Spinco shall also prepare, and Spinco shall file with the Commission, the Form 10, which shall include the Information Statement. L-3 and Spinco shall use commercially reasonable efforts to cause the Form 10 to become effective under the Exchange Act. (b) L-3 shall cause L-3 Corp, as the sole shareholder of Spinco, to approve and adopt the Spinco employee benefit plans contemplated by the Employee Matters Agreement and L-3 and Spinco shall cooperate in preparing, filing with the Commission under the Securities Act and causing to become effective not later than the Distribution Date any registration statements or amendments thereto that are appropriate to reflect the establishment of or amendments to any employee benefit plan of Spinco contemplated by the Employee Matters Agreement, including a Form S-8 with respect thereto. (c) Spinco shall take all such action as may be necessary or appropriate under the securities or blue sky laws of states or other political subdivisions of the United States in connection with the transactions contemplated by this Agreement or any Ancillary Agreement. (d) Spinco shall prepare, file, and use all reasonable efforts to cause to be approved prior to the Record Date, the application to permit listing of the Spinco Common Stock on the NYSE.

  • Operations Prior to the Closing Date (a) Except as set forth in Schedule 7.4 or as contemplated by this Agreement or except with the written approval of Buyer, which Buyer agrees shall not be unreasonably withheld or delayed, Seller shall use its reasonable efforts to operate and shall use its reasonable efforts to cause the Company to carry on the Business only in the ordinary course and substantially as presently operated. Consistent with the foregoing, Seller shall cause the Company to keep and maintain the material assets of the Company in good operating condition and repair and shall use its reasonable best efforts consistent with good business practice to maintain the business organization of the Company intact and preserve the goodwill of the employees, brokers, lenders and others having business relations with the Company. In connection therewith, Seller shall not, and shall not permit the Company to, with respect to any employee of the Company, (i) transfer such employee to Seller or an Affiliate of Seller, (ii) offer such employee employment by Seller or an Affiliate of Seller after the Closing Date or (iii) otherwise attempt to persuade any such employee to terminate his or her relationship with the Company or not to continue employment with the Company after the Closing. (b) In addition, and without limiting Section 7.4(a), except as expressly contemplated by this Agreement or except with the express written approval of Buyer (which Buyer agrees shall not be unreasonably withheld or delayed), Seller shall not, with respect to the Equity Interests, the Company or the Business, and Seller cause the Company not to: (i) amend its articles of incorporation or by-laws (or similar organizational documents); (ii) issue, grant, sell or encumber any shares of its capital stock or other securities, or issue, grant, sell or encumber any security, option, warrant, put, call, subscription or other right of any kind, fixed or contingent, that directly or indirectly calls for the acquisition, issuance, sale, pledge or other disposition of any shares of its capital stock or other securities or make any other changes in the equity capital structure of the Company; (iii) make any change in the Business or the operations of the Company outside the ordinary course of business; (iv) make any capital expenditure or enter into any contract or commitment therefor in excess of $50,000; provided that, in the ordinary course of business consistent with past practice, the Company may originate loans secured by 1-to-4 family residential real estate in an aggregate principal amount not to exceed $2,000,000 per month; provided further that Seller shall not originate any loans secured by real estate on behalf of the Company or transfer any loans secured by real estate to the Company; (v) (A) enter into any Contract which would have been a Company Agreement if in effect on the date hereof, (B) enter into any Contract which would require the consent of a third party in connection with the consummation of the transactions contemplated by this Agreement or (C) modify, amend, terminate or grant any consent or waiver under any Company Agreement or any Contract that would have been a Company Agreement if it were in effect on the date hereof; (vi) sell, lease (as lessor), transfer or otherwise dispose of (including any transfers from the Company to Seller or any of its Affiliates), or mortgage or pledge, or impose or suffer to be imposed any Encumbrance on, any of (A) the Equity Interests or (B) the assets or properties of the Company, other than, in the case of this clause (B), Permitted Encumbrances; (vii) cancel any debts owed to or claims held by the Company (including the settlement of any claims or litigation) other than in the ordinary course of the Business consistent with past practice; (viii) create, incur or assume, or agree to create, incur or assume, any Indebtedness or enter into, as lessee, any capitalized lease obligations (as defined in Statement of Financial Accounting Standards No. 13), other than in the ordinary course of business; (ix) accelerate or delay collection of any notes or accounts receivable in advance of or beyond their regular due dates or the dates involving more than $25,000 when the same would have been collected in the ordinary course of the Business consistent with past practice; (x) delay or accelerate payment of any account payable or other liability of the Company beyond or in advance of its due date or the date involving more than $25,000 when such liability would have been paid in the ordinary course of the Business consistent with past practice; (xi) except as expressly contemplated by Section 7.9, make, or agree to make, any distribution or other disposition of assets (other than cash and cash equivalents) to Seller or any of its Affiliates; (xii) institute any material increase in any profit-sharing, bonus, incentive, deferred compensation, insurance, pension, retirement, medical, hospital, disability, welfare or other employee benefit plan with respect to employees of the Company, except for payments related to stay bonus, transaction completion bonus, severance payments or other similar payments made on or prior to the Closing Date as a result of this Agreement or the transactions contemplated hereby; (xiii) make any material increase in the compensation of the employees of the Company, other than changes made in accordance with normal compensation practices and consistent with past compensation practices; (A) except as required by applicable Requirements of Law, prepare or file any Tax Return inconsistent with past practice or, on any such Tax Return, take any position, make any election, or adopt any method that is inconsistent with positions taken, elections made or methods used in preparing or filing similar Tax Returns in prior periods (including positions, elections or methods that would have the effect of deferring income to periods ending after the Closing Date or accelerating deductions to periods ending on or before the Closing Date), or (B) settle or otherwise compromise any claim related to Taxes, enter into any closing agreement or similar agreement related to Taxes, otherwise settle any dispute relating to Taxes, or request any ruling or similar guidance with respect to Taxes; (xv) make any change in the accounting policies applied in the preparation of the financial statements contained in Schedule 5.4, unless such change is required by GAAP; (xvi) originate, acquire, hold, sell, transfer, securitize or hedge loans secured by real estate; provided that, in the ordinary course of business consistent with past practice, the Company may originate loans secured by 1-to-4 family residential real estate in an aggregate principal amount not to exceed $2,000,000 per month; provided further that Seller shall not originate any loans secured by real estate on behalf of the Company or transfer any loans secured by real estate to the Company; or (xvii) make any material change in internal control over financial reporting, other than any change required by GAAP or any change made by Seller with respect to all of its Controlled Affiliates. (c) The Company shall keep all insurance policies set forth on Schedule 5.22, or suitable replacements therefor, in full force and effect through the Closing Date.

  • Attachment C, Standard State Provisions for Contracts and Grants Attachment C is hereby deleted in its entirety and replaced by the Attachment C December 15, 2017 attached to this Amendment. Child Support (Applicable to natural persons only; not applicable to corporations, partnerships or LLCs). Contractor is under no obligation to pay child support or is in good standing with respect to or in full compliance with a plan to pay any and all child support payable under a support order as of the date of this amendment.