Common use of Refusals of requests Clause in Contracts

Refusals of requests. (a) The Employer must not refuse the request unless: (i) the Employer has consulted the Employee; (ii) there are reasonable grounds the refuse the request; and (iii) the reasonable grounds are based on facts that are known, or reasonably foreseeable, at the time of refusing the request. (b) Without limiting subclause 20.7(a), reasonable grounds for refusing a request include the following: (i) it would require a significant adjustment to the Employee’s hours of work in order for the Employee to be employed as a full-time Employee or part-time Employee (ii) the Employee’s position will cease to exist in the period of 12 months after giving the request; (iii) the hours of work which the Employee is required to perform will be significantly reduced in the period of 12 months after giving the request; (iv) there will be a significant change in either or both of the following in the period of 12 months after giving the request: (A) the days on which the Employee’s hours of work are required to be performed; (B) the times at which the Employee’s hours of work are required to be performed; which cannot be accommodated within the days or times the Employee is available to work during that period; (v) granting the request would not comply with a recruitment or selection process required by or under a law of the Commonwealth or a State or a Territory (c) If the Employer refuses the request, the written response under clause 20.6 must include details of the reasons for the refusal.

Appears in 3 contracts

Samples: Nurses and Midwives (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2020 2024, Nurses and Midwives (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2020 2024, Enterprise Agreement

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Refusals of requests. (ai) The Employer must not refuse the request unless: (i) A. the Employer has consulted the Employee; (ii) B. there are reasonable grounds the refuse the request; and (iii) C. the reasonable grounds are based on facts that are known, or reasonably foreseeable, at the time of refusing the request. (bii) Without limiting subclause 20.7(a)16.4(g)(i)B, reasonable grounds for refusing a request include the following: (i) A. it would require a significant adjustment to the Employee’s hours of work in order for the Employee to be employed as a full-time Employee or part-time Employee; (ii) B. the Employee’s position will cease to exist in the period of 12 months after giving the request; (iii) C. the hours of work which the Employee is required to perform will be significantly reduced in the period of 12 months after giving the request; (iv) D. there will be a significant change in either or both of the following in the period of 12 months after giving the request: (A1) the days on which the Employee’s hours of work are required to be performed; (B2) the times at which the Employee’s hours of work are required to be performed; ; E. which cannot be accommodated within the days or times the Employee is available to work during that period; (v) F. granting the request would not comply with a recruitment or selection process required by or under a law of the Commonwealth or a State or a Territory (ciii) If the Employer refuses the request, the written response under clause 20.6 16.4(f) must include details of the reasons for the refusal.

Appears in 3 contracts

Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement

Refusals of requests. (a) The Employer must not refuse the request unless: (i) the Employer has consulted the Employee; (ii) there are reasonable grounds the refuse the request; and (iii) the reasonable grounds are based on facts that are known, or reasonably foreseeable, at the time of refusing the request. (b) Without limiting subclause 20.7(a20.3(a), reasonable grounds for refusing a request include the following: (i) it would require a significant adjustment to the Employee’s hours of work in order for the Employee to be employed as a full-time Employee or part-time Employee; (ii) the Employee’s position will cease to exist in the period of 12 months after giving the request; (iii) the hours of work which the Employee is required to perform will be significantly reduced in the period of 12 months after giving the request; (iv) there will be a significant change in either or both of the following in the period of 12 months after giving the request: (A) the days on which the Employee’s hours of work are required to be performed; (B) the times at which the Employee’s hours of work are required to be performed; which cannot be accommodated within the days or times the Employee is available to work during that period;; and (v) granting the request would not comply with a recruitment or selection process required by or under a law of the Commonwealth or a State or a Territory. (c) If the Employer refuses the request, the written response under clause 20.6 20.2 must include details of the reasons for the refusal.

Appears in 3 contracts

Samples: Nurses and Midwives (Victorian Public Sector) Single Interest Employer Agreement 2024 2028, Nurses and Midwives (Victorian Public Sector) Single Interest Employer Agreement 2024 2028, Nurses and Midwives (Victorian Public Sector) Single Interest Employer Agreement 2024 2028

Refusals of requests. (a) The Employer must not refuse the request unless: (i) the Employer has consulted the Employee; (ii) there are reasonable grounds the refuse the request; and (iii) the reasonable grounds are based on facts that are known, or reasonably foreseeable, at the time of refusing the request. (b) Without limiting subclause 20.7(a19.7(a), reasonable grounds for refusing a request include the following: (i) it would require a significant adjustment to the Employee’s hours of work in order for the Employee to be employed as a full-time Employee or part-time Employee (ii) the Employee’s position will cease to exist in the period of 12 months after giving the request; (iii) the hours of work which the Employee is required to perform will be significantly reduced in the period of 12 months after giving the request; (iv) there will be a significant change in either or both of the following in the period of 12 months after giving the request: (A) the days on which the Employee’s hours of work are required to be performed; (B) the times at which the Employee’s hours of work are required to be performed; which cannot be accommodated within the days or times the Employee is available to work during that period; (v) granting the request would not comply with a recruitment or selection process required by or under a law of the Commonwealth or a State or a Territory (c) If the Employer refuses the request, the written response under clause 20.6 19.6 must include details of the reasons for the refusal.

Appears in 1 contract

Samples: Enterprise Agreement

Refusals of requests. (a) The Employer must not refuse the request unless:unless:‌ (i) the Employer has consulted the Employee; (ii) there are reasonable grounds the refuse the request; and (iii) the reasonable grounds are based on facts that are known, or reasonably foreseeable, at the time of refusing the request. (b) Without limiting subclause 20.7(a), reasonable grounds for refusing a request include the following: (i) it would require a significant adjustment to the Employee’s hours of work in order for the Employee to be employed as a full-time Employee or part-time Employee (ii) the Employee’s position will cease to exist in the period of 12 months after giving the request; (iii) the hours of work which the Employee is required to perform will be significantly reduced in the period of 12 months after giving the request; (iv) there will be a significant change in either or both of the following in the period of 12 months after giving the request: (A) the days on which the Employee’s hours of work are required to be performed; (B) the times at which the Employee’s hours of work are required to be performed; which cannot be accommodated within the days or times the Employee is available to work during that period; (v) granting the request would not comply with a recruitment or selection process required by or under a law of the Commonwealth or a State or a Territory (c) If the Employer refuses the request, the written response under clause 20.6 must include details of the reasons for the refusal.

Appears in 1 contract

Samples: Enterprise Agreement

Refusals of requests. (a) The Employer must not refuse the request unless: (i) the Employer has consulted the Employee; (ii) there are reasonable grounds the refuse the request; and (iii) the reasonable grounds are based on facts that are known, or reasonably foreseeable, at the time of refusing the request. (b) Without limiting subclause 20.7(a27.7(a), reasonable grounds for refusing a request include the following: (i) it would require a significant adjustment to the Employee’s hours of work in order for the Employee to be employed as a full-time Employee or part-time Employee (ii) the Employee’s position will cease to exist in the period of 12 months after giving the request; (iii) the hours of work which the Employee is required to perform will be significantly reduced in the period of 12 months after giving the request; (iv) there will be a significant change in either or both of the following in the period of 12 months after giving the request: (A) A. the days on which the Employee’s hours of work are required to be performed;are (B) B. the times at which the Employee’s hours of work are required to be performed; which cannot be accommodated within the days or times the Employee is available to work during that period;are (v) granting the request would not comply with a recruitment or selection process required by or under a law of the Commonwealth or a State or a Territory (c) If the Employer refuses the request, the written response under clause 20.6 27.6 must include details of the reasons for the refusal. SECTION 1 ( COMMON TERMS) | PART C: TYPES OF EMPLOYMENT AND TERMINATION OF EMPLOYMENT

Appears in 1 contract

Samples: Victorian Institute of Forensic Mental Health Services Enterprise Agreement 2020 2024

Refusals of requests. (ai) The Employer Branch must not refuse the request unless: (iA) the Employer Branch has consulted the Employee; (iiB) there are reasonable grounds the to refuse the request; and (iiiC) the reasonable grounds are based on facts that are known, or reasonably foreseeable, at the time of refusing the request. (bii) Without limiting subclause 20.7(a1.1(f), reasonable grounds for refusing a request include the following: (iA) it would require a significant adjustment to the Employee’s hours of work in order for the Employee to be employed as a full-time Employee or part-time Employee (iiB) the Employee’s position will cease to exist in the period of 12 months after giving the request; (iiiC) the hours of work which the Employee is required to perform will be significantly reduced in the period of 12 months after giving the request; (ivD) there will be a significant change in either or both of the following in the period of 12 months after giving the request: (A) the days on which the Employee’s hours of work are required to be performed; (B) the times at which the Employee’s hours of work are required to be performed; which cannot be accommodated within the days or times the Employee is available to work during that period; (vE) granting the request would not comply with a recruitment or selection process required by or under a law of the Commonwealth or a State or a Territory (ciii) If the Employer Branch refuses the request, the written response under clause 20.6 9.4.7 must include details of the reasons for the refusal.

Appears in 1 contract

Samples: Enterprise Agreement

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Refusals of requests. (a1) The Employer must not refuse the request unless: (ia) the Employer has consulted the Employee;; and (iib) there are reasonable grounds the to refuse the request; and (iiic) the reasonable grounds are based on facts that are known, or reasonably foreseeable, at the time of refusing the request. (b2) Without limiting subclause 20.7(aparagraph (1)(b), reasonable grounds for refusing a the request include the following: (ia) it would require a significant adjustment to the Employee’s hours of work in order for the Employee to be employed as a full-time Employee or part-time Employeeemployee; (iib) the Employee’s position will cease to exist in the period of 12 months after giving the request; (iiic) the hours of work which the Employee is required to perform will be significantly reduced in the period of 12 months after giving the request; (ivd) there will be a significant change in either or both of the following in the period of 12 months after giving the request: (Ai) the days on which the Employee’s hours of work are required to be performed; (Bii) the times at which the Employee’s hours of work are required to be performed; which cannot be accommodated within the days or times the Employee is available to work during that period; (v) granting the request would not comply with a recruitment or selection process required by or under a law of the Commonwealth or a State or a Territory (c3) If the Employer refuses the request, the written response under clause 20.6 18.5 must include details of the reasons for the refusal.

Appears in 1 contract

Samples: Enterprise Agreement

Refusals of requests. (a1) The Employer Company must not refuse the request unless: (ia) the Employer Company has consulted the Employee;employee; and (iib) there are reasonable grounds the to refuse the request; and (iiic) the reasonable grounds are based on facts that are known, or reasonably foreseeable, at the time of refusing the request. (b2) Without limiting subclause 20.7(aclause 13.6.3 (1)(b), reasonable grounds for refusing a the request include the following: (ia) it would require a significant adjustment to the Employeeemployee’s hours of work in order for the Employee employee to be employed as a full-time Employee employee or part-time Employeeemployee; (iib) the Employeeemployee’s position will cease to exist in the period of 12 months after giving the request; (iiic) the hours of work which the Employee employee is required to perform will be significantly reduced in the period of 12 months after giving the request; (ivd) there will be a significant change in either or both of the following in the period of 12 months after giving the request: (Ai) the days on which the Employeeemployee’s hours of work are required to be performed; (Bii) the times at which the Employeeemployee’s hours of work are required to be performed; which cannot be accommodated within the days or times the Employee employee is available to work during that period; (ve) granting the request would not comply with a recruitment or selection process required by or under a law of the Commonwealth or a State or a Territory. (c3) If the Employer Company refuses the request, the written response under clause 20.6 13.6.2 must include details of the reasons for the refusal.

Appears in 1 contract

Samples: Enterprise Agreement

Refusals of requests. (a) The Employer must not refuse the request unless: (i) the Employer has consulted the Employee; (ii) there are reasonable grounds the refuse the request; and (iii) the reasonable grounds are based on facts that are known, or reasonably foreseeable, at the time of refusing the request. (b) Without limiting subclause 20.7(a27.7(a), reasonable grounds for refusing a request include the following: (i) it would require a significant adjustment to the Employee’s hours of work in order for the Employee to be employed as a full-time Employee or part-time Employee (ii) the Employee’s position will cease to exist in the period of 12 months after giving the request; (iii) the hours of work which the Employee is required to perform will be significantly reduced in the period of 12 months after giving the request; (iv) there will be a significant change in either or both of the following in the period of 12 months after giving the request: (A) A. the days on which the Employee’s hours of work are required to be performed; (B) B. the times at which the Employee’s hours of work are required to be performed; which cannot be accommodated within the days or times the Employee is available to work during that period; (v) granting the request would not comply with a recruitment or selection process required by or under a law of the Commonwealth or a State or a Territory (c) If the Employer refuses the request, the written response under clause 20.6 27.6 must include details of the reasons for the refusal.

Appears in 1 contract

Samples: Enterprise Agreement

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