RELATIONSHIP TO AWARD AND OTHER AGREEMENTS Sample Clauses

RELATIONSHIP TO AWARD AND OTHER AGREEMENTS. This agreement contains the totality of the wages and conditions representing the employer employee relationship between the enterprise and its employees to the exclusion of any award, pre-reform award, pre-reform agreement, preserved state agreement or notional agreement preserving state awards including, but not limited to the Plumbing Trades (Southern States) Construction Award 1990; provided that nothing in this agreement shall prevent the enterprise and an individual employee agreeing at common law for wages and conditions that are not less than those provided in this agreement.
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RELATIONSHIP TO AWARD AND OTHER AGREEMENTS a) This enterprise agreement will, subject to the provisions of the Workplace Relations Act 1996, incorporate the terms of the Metal, Engineering and Associated Industries Award 1998 Part 1 (the “Award”) and, where applicable, workplace agreements which are applicable to specific works.
RELATIONSHIP TO AWARD AND OTHER AGREEMENTS a) This enterprise agreement will, subject to the provisions of the Workplace Relations Act 1996, be read in conjunction with the Plumbing Trades (Southern States) Construction Award 1999, (the “Award”) and, where applicable, workplace agreements which are applicable to specific works.
RELATIONSHIP TO AWARD AND OTHER AGREEMENTS. This Agreement incorporates all the terms of the Award as in operation just before making of the Agreement provided that where there is any inconsistency between the Agreement and the Award, the Agreement shall take precedence to the extent of any inconsistency. To avoid doubt this provision incorporates allowable award matters and preserved award matters as contained in the Award. These preserved award matters include the provisions related to Jury Service, Annual Leave, Personal & Carer’s Leave, Parental Leave and Notice of Termination. This provision does not apply to any term of the Award which is specified as prohibited content by legislation or regulation or which does not pertain to the relationship between the employer and the employees subject to this Agreement. To avoid doubt this provision specifically does not incorporate Award provisions relating to:- • Service Allowance; • Annual Leave; • VDT Allowance; • Consultative mechanisms; • Union notice board; • Dispute resolution procedures; • Boards of Reference; • Dispute resolution training leave; • Employer and employee duties; • Casual employment; • Part-time workers; • Redundancy entitlement for employers with less than 15 employees; • Classification and rates of pay; • Training; • Payment of wages; • Parental leave rights for labour hire employees; • Long Service leave; or • Superannuation. The parties agree that facilitative provisions in the Award will only continue to be used with the written agreement of the parties to this Agreement. It is the intent of the parties that this Agreement does not include matters which are prohibited in workplace agreements under legislation or regulation.
RELATIONSHIP TO AWARD AND OTHER AGREEMENTS. This agreement contains the totality of the wages and conditions representing the employer employee relationship between the enterprise and its employees to the exclusion of any award, pre-reform award, pre-reform agreement, preserved state agreement or notional agreement preserving state awards including, but not limited to the Plumbing Trades (Southern States) Construction Award 1990; the Clerical and Administrative Employees (Victoria) Award 1999; the Shop, Distributive and Allied Employees’ Association – Hardware Retail Industry Award 1999 and the Storage Services – General – Award 1999 provided that nothing in this agreement shall prevent the enterprise and an individual employee agreeing at common law for wages and conditions that are not less than those provided in this agreement.
RELATIONSHIP TO AWARD AND OTHER AGREEMENTS. This agreement incorporates all the terms and conditions of the AWU/Green Triangle Forest Products Ltd Award 2001 as set out in Appendix A of this agreement (the ―Award‖) Where there is any inconsistency between the Award and this agreement, the latter will prevail. The company agrees for the life of the agreement not to reduce wages, conditions, entitlements and benefits that apply at the time this agreement becomes operational under the respective award and agreements. If any negotiations are held that restructure wages and conditions of employment those negotiations will be consistent with the undertakings in this agreement and by agreement between the parties. By mutual agreement, an employee may be reclassified to the terms and responsibilities of a lower level where they do not wish to be employed under the terms and responsibilities of the higher level.
RELATIONSHIP TO AWARD AND OTHER AGREEMENTS. This Agreement shall be read and interpreted in conjunction with: - Journalists (West Australian Newspapers) Award 2002, - The West Australian Newspapers Limited (Editorial) Enterprise Agreement 1992, - The West Australian Newspapers Limited (Editorial) Enterprise Agreement 1993, - The West Australian Newspapers Limited (Editorial) Enterprise Agreement 1997, - The West Australian Newspapers Limited (Editorial) Enterprise Agreement 2000, and - The West Australian Newspapers Limited (Editorial) Enterprise Agreement 2003 Where there is any inconsistency between this Agreement and the Award, or the other Agreements, this Agreement shall prevail to the extent of any inconsistency. This Agreement and all previous Agreements prevail over the Award including Protected Award Conditions.
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RELATIONSHIP TO AWARD AND OTHER AGREEMENTS. 8.1 This agreement shall be read and interpreted wholly in conjunction with the Award and where there is any inconsistency between this agreement and the Award, the agreement shall prevail to the extent of the inconsistency. 8.2 This Agreement replaces the Shire of Bridgetown-Greenbushes Outside Works Staff Australian Workplace Agreement 2007.
RELATIONSHIP TO AWARD AND OTHER AGREEMENTS a) This enterprise agreement will, subject to the provisions of the Workplace Relations Act 1996, incorporate the terms of the Plumbing Trades (Southern States) Construction Award 1999, (the “Plumbing Award”) save for the clauses specified in sub-clause 1.6 (d), and, where applicable, other agreements as defined in 2.24.

Related to RELATIONSHIP TO AWARD AND OTHER AGREEMENTS

  • Relationship to Other Agreements You agree that when you use Mobile Banking, you will remain subject to the terms and conditions of all your existing agreements with us or any service providers of yours; including service carrier or provider and that this Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Banking (for example, your mobile service carrier or provider may impose data usage or text message charges for your use of or interaction with Mobile Banking, including while downloading the Software, receiving or sending Mobile Banking text messages, or other use of your Wireless device when using the Software or other products and services provided by Mobile Banking), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service carrier or provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your carrier or provider directly with your carrier or provider without involving us. You also agree that if you have any problems with Mobile Banking, you will contact us directly.

  • Contracts and Other Agreements Section 3.8 of the Seller Disclosure Schedule sets forth a list of the following contracts and other agreements to which Seller is a party or by or to which Seller or Seller's assets or properties are bound or subject: (a) any agreement or series of related agreements requiring aggregate payments after the date hereof by or to Seller of more than $25,000; (b) any agreement with or for the benefit of any current or former officer, director, stockholder, employee or consultant of Seller; (c) any agreement with any labor union or association representing any employee of Seller; (d) any agreement for the purchase or sale of materials, supplies, equipment, merchandise or services that contains an escalation, renegotiation or redetermination clause or that obligates Seller to purchase all or substantially all of its requirements of a particular product from a supplier, or for periodic minimum purchases of a particular product from a supplier; (e) any agreement for (i) sale of any of the assets or properties of Seller, other than in the ordinary course of business or (ii) for the grant to any person of any options, rights of first refusal, or preferential or similar rights to purchase any such assets or properties other than stock option and warrant agreements or instruments listed in Section 3.3.2 of the Seller Disclosure Schedule or pursuant to subsection (b) of this Section 3.8; (f) any partnership or joint venture agreement; (g) any agreement of surety, guarantee or indemnification, other than agreements in the ordinary course of business with respect to obligations in an aggregate amount not in excess of $25,000; (h) any agreement containing covenants of Seller not to compete in any line of business, in any geographic area or with any person or covenants of any other person not to compete with Seller or in any line of business of Seller; (i) any agreement granting or restricting the right of Seller to use any Intellectual Property (as defined hereinafter); (j) any agreement with customers or suppliers for the sharing of fees, the rebating of charges or other similar arrangements; (k) any agreement with any holder of securities of Seller as such (including, without limitation, any agreement containing an obligation to register any of such securities under any federal or state securities laws); (l) any agreement obligating Seller to deliver services or product enhancements or containing a "most favored nation" pricing clause; (m) any agreement relating to the acquisition by Seller of any operating business or the capital stock of any other person; (n) any agreement requiring the payment to any person of a brokerage or sales commission or a finder's or referral fee (other than arrangements to pay commission or fees to employees in the ordinary course of business); (o) any agreement or note relating to or evidencing outstanding indebtedness for borrowed money; (p) any lease, sublease or other agreement under which Seller is lessor or lessee of any real property or equipment or other tangible property with respect to obligations in excess of $25,000; (q) Except for agreements to provide maintenance, upgrades, bug fixes, error corrections or similar work product that are ordinary and customary for the software industry and that are related to the Seller products which have been delivered as of the date hereof, any agreement that requires Seller to deliver, or undertake the development of, any new product, customized product, substantial upgrade, new version or similar work product where such delivery or development requires Seller to utilize substantial personnel or financial resources; and (r) any other material agreement whether or not made in the ordinary course of business. True and complete copies of all the contracts and other agreements (and all amendments, waivers or other modifications thereto) set forth on the Seller Disclosure Schedule have been furnished to BEA. Each of such contracts is valid, subsisting, in full force and effect, binding upon Seller, and to the best knowledge of Seller, binding upon the other parties thereto in accordance with their terms, and Seller is not in default under any of them, nor, to the best knowledge of Seller, is any other party to any such contract or other agreement in default thereunder, nor does any condition exist that with notice or lapse of time or both, would constitute a default thereunder, except, in each case, such defaults as would not, individually or in the aggregate, have a material adverse effect on the Seller.

  • Covenants and Other Agreements Purchaser shall have performed its covenants and agreements herein on or prior to the Closing Date in all material respects.

  • Solicitation of Employees, Consultants and Other Parties I agree that during the term of my Relationship with the Company, and for a period of twenty-four months immediately following the termination of my Relationship with the Company for any reason, whether with or without cause, I shall not either directly or indirectly solicit, induce, recruit or encourage any of the Company’s employees or consultants to terminate their relationship with the Company, or attempt to solicit, induce, recruit, encourage or take away employees or consultants of the Company, either for myself or for any other person or entity. Further, during my Relationship with the Company and at any time following termination of my Relationship with the Company for any reason, with or without cause, I shall not use any information rising to the level of a trade secret of the Company: (i) to attempt to negatively influence any of the Company’s clients or customers from purchasing Company products or services; (ii) to solicit or influence or attempt to influence any client, customer or other person either directly or indirectly; or, (iii) to direct any of the Company’s clients or customers to purchase products and/or services – from any person, firm, corporation, institution or other entity in competition with the business of the Company.

  • Customer and Other Business Relationships After the Closing, Seller will cooperate with Buyer in its efforts to continue and maintain for the benefit of Buyer those business relationships of Seller existing prior to the Closing and relating to the business to be operated by Buyer after the Closing, including relationships with lessors, employees, regulatory authorities, licensors, customers, suppliers and others, and Seller will satisfy the Retained Liabilities in a manner that is not detrimental to any of such relationships. Seller will refer to Buyer all inquiries relating to such business. Neither Seller nor any of its officers, employees, agents or shareholders shall take any action that would tend to diminish the value of the Assets after the Closing or that would interfere with the business of Buyer to be engaged in after the Closing, including disparaging the name or business of Buyer.

  • Salary and Other Compensation As compensation for the services to be rendered by the Employee to the Company pursuant to this Agreement, the Employee shall be paid the following compensation and other benefits:

  • Labor and Other Employment Matters (a) (i) Neither the Parent nor any of the Parent Subsidiaries is a party to or bound by any collective bargaining or similar agreement or work rules or practices with any labor union, works council, labor organization or employee association applicable to employees of the Parent or any Parent Subsidiary, nor are there any negotiations or discussions currently pending between the Parent or the Parent Subsidiaries and any union, work counsel, labor organization, or employee association, (ii) there have been no strikes, work stoppages, shutdowns, or lockouts with respect to any Parent Employee during the last five (5) years, (iii) to the knowledge of the Parent, there is no effort pending or threatened against the Parent or any Parent Subsidiary, (iv) there is no unfair labor practice, labor dispute (other than routine individual grievances) or labor arbitration proceeding pending or, to the knowledge of the Parent, threatened with respect to Parent Employees, and (v) there is no slowdown, work stoppage or similar labor activity in effect or, to the knowledge of the Parent, threatened with respect to Parent Employees; except, with respect to clauses (ii) through (v) hereof, as would not have, or would not reasonably be expected to have, individually or in the aggregate, a Parent Material Adverse Effect. (b) The Parent and the Parent Subsidiaries are, and have been, in compliance in all material respects with all applicable Laws respecting (i) employment and employment practices, (ii) terms and conditions of employment and wages and hours, including the obligations of the WARN Act, (iii) unfair labor practices, and (iv) occupational safety and health and immigration, except as set forth in Section 5.12(b) of the Parent Disclosure Letter, neither Parent nor any Parent Subsidiary has implemented, conducted or experienced a “plant closing” or “mass layoff” as defined in the WARN Act (or any similar group personnel action requiring advance notice under the WARN Act) affecting any site of employment or one or more facilities or operating units within any site of employment or facility of Parent or any Parent Subsidiary. (c) Except as set forth in Section 5.12(c) of the Parent Disclosure Letter, there are no proceedings pending or, to the knowledge of the Parent, threatened against the Parent or any of the Parent Subsidiaries in any forum by or on behalf of any present or former Parent Employee or any present or former employee of any Person providing services to any Parent Entity for which Parent could reasonably be expected to be liable that, individually or in the aggregate, would reasonably be expected to have a Parent Material Adverse Effect, any applicant for employment or classes of the foregoing alleging unpaid or overdue wages or compensation due, breach of any express or implied employment contract, violation of any Law or regulation governing employment or the termination thereof, or any other discriminatory, wrongful or tortious conduct on the part of the Parent of any of the Parent Subsidiaries in connection with the employment relationship that, individually or in the aggregate, would reasonably be expected to have a Parent Material Adverse Effect. (d) Each individual who renders service to the Parent or any Parent Subsidiary who is classified by the Parent or such Parent Subsidiary, as applicable, as having the status of an independent contractor or other non-employee status for any purpose (including for purposes of taxation and tax reporting and under any Parent Employee Benefit Plans) is properly so classified and treated in accordance with applicable Laws and for purposes of all Parent Employee Benefit Plans and perquisites.

  • Award of Construction Contract and Other Future Contracts 6.2.1 A-E is hereby informed that provisions of the Public Contract Code, the Political Reform Act of 1974, other statutes, regulations, and COUNTY policy prohibit, as an impermissible conflict of interest, the award of a contract for the construction of the project(s) on which A-E performed architectural-engineering services under this A-E CONTRACT. A-E is hereby informed that these statutes and regulations could also prohibit the award to A-E of design or other contracts on future phases related to tasks performed by A-E under this CONTRACT. This prohibition applies also to a subcontractor of or parent company of the firm that performed architectural-engineering tasks under this CONTRACT.

  • Consultant’s Contract Manager and Other Staffing Identified below are the following: (a) the Consultant’s contract manager for this Approved Service Order, and (b) the Consultant(s) and/or employee(s) of the Consultant who will be principally responsible for providing the services and deliverables. If an individual identified below does not have a current Form 700 on file with the City Clerk for a separate agreement with the City, and is required to file a Form 700, the Consultant must comply with the requirements of Subsection 17.2 of the Master Agreement, entitled “Filing Form 700.”

  • Agreements and Other Documents 29 3.23 Solvency.......................................................................................30 3.24

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