Common use of STAND DOWN Clause in Contracts

STAND DOWN. Notwithstanding anything elsewhere contained in this Agreement, an Employer may deduct payment for any day or part thereof where an Employee cannot be usefully employed because of any strike, ban on work, or any other stoppage or interference beyond the control of the Employer but subject to the following conditions: 16.14.1 Where the Employer proposes to exercise the right given hereunder, it shall notify the Employee and where the employee requests it, advise the Media Entertainment and Arts Alliance accordingly. During the period such notification remains in force, the Employee shall be deemed to be stood down for the purpose of this sub clause. 16.14.2 An Employee who is stood down as aforesaid shall be treated for all purposes (other than payment of wages) as having continuity of service and employment notwithstanding such stand down. 16.14.3 An Employer, if requested by an Employee stood down or about to be stood down under this sub clause shall on the day of the stand down or as soon as practicable pay the Employee: (a) All monies excluding annual leave due and payable to the Employee under his/her contract of employment as at the date on which the Employee is stood down. (b) Any payments which would be made to the Employee under the Annual leave clause of this Agreement, as if the employment of the Employee was terminated on the date he/she was stood down provided that such payments shall if the Employer so determines or the Employee so requests be limited to a period of annual leave which is the same length as the period for which the Employee is stood down. 16.14.4 An Employee who is stood down shall be entitled to take other employment (during the stand down period). On obtaining other employment the Employee shall advise the Employer immediately of his/her commitment. Any dispute with regard to the employee taking other employment will be settled thought the Dispute Settling clause. 16.14.5 Notwithstanding anything hereinbefore contained, an Employer will not deduct payment for any day prescribed by the Agreement as a public holiday which occurs during the period of stand down of an Employee except to the extent that such Employee becomes entitled to payment for the holiday in other employment. An Employee claiming payment for a public holiday under this paragraph shall, if required by the Employer, furnish a statutory declaration setting out details of any other employment during this period and the remuneration received herein.

STAND DOWN. Notwithstanding anything elsewhere contained in this Agreement, Stand down generally (a) The Employer has the right to stand down an Employer may deduct payment employee without pay for any day or part thereof where an Employee of a day for which the employee cannot be usefully employed because of do work due to any strike, ban on work, or any other stoppage or interference beyond the control of cause for which the Employer but subject to the following conditions: 16.14.1 Where the Employer proposes to exercise the right given hereunder, it shall notify the Employee and where the employee requests it, advise the Media Entertainment and Arts Alliance accordingly. During the period such notification remains in force, the Employee shall cannot reasonably be deemed to be stood down for the purpose of this sub clause. 16.14.2 An Employee who is stood down as aforesaid shall be treated for all purposes (other than payment of wages) as having continuity of service and employment notwithstanding such stand down. 16.14.3 An Employer, if requested by an Employee stood down or about to be stood down under this sub clause shall on the day of the stand down or as soon as practicable pay the Employee: (a) All monies excluding annual leave due and payable to the Employee under his/her contract of employment as at the date on which the Employee is stood downheld responsible. (b) Any payments which would be made The right to stand down an employee is subject to the Employee Employer ensuring that all reasonable options for other work have been explored before the stand down is implemented. (c) Any dispute arising from the application of this clause shall be resolved in accordance with the dispute resolution procedure in this Agreement. Stand down in the event of a cyclone (a) The following shall apply when, in the event of a cyclone, the Employer stands down employees employed under this Agreement: (1) each employee who: (A) at the Annual leave clause commencement of the cyclone has reported for work and remains at work until otherwise directed by the Employer, and (B) following the "all clear", resumes normal duty in accordance with the direction of the Employer, shall be paid for the normal rostered ordinary time that occurred during the stand down. (2) any employee who, on any day during the cyclone stand down: (A) is required for work and is requested to do so by the Employer, and (B) is not willing or available to work when so requested, is not entitled to payment for that day. (3) an employee who is required to remain at, or is called out to work during the period of time in which the operation has been stood down because of a cyclone shall be paid for all time worked at penalty rates, typically starting at time and a half for the first two hours, but not to exceed double time, unless the day concerned is a public holiday in which event the maximum payment, subject to other provisions of this Agreement, as if shall not exceed the employment of the Employee was terminated relevant remuneration rate for working on the date he/she was stood down provided that such payments shall if the Employer so determines or the Employee so requests be limited to a period of annual leave which is the same length as the period for which the Employee is stood down. 16.14.4 An Employee who is stood down shall be entitled to take other employment (during the stand down period). On obtaining other employment the Employee shall advise the Employer immediately of his/her commitment. Any dispute with regard to the employee taking other employment will be settled thought the Dispute Settling clause. 16.14.5 Notwithstanding anything hereinbefore contained, an Employer will not deduct payment for any day prescribed by the Agreement as a public holiday as outlined in Clause 23.4. (4) after the "all clear" is given, each employee shall be notified by the Employer of: (A) the time at which occurs during normal operations are to resume, and (B) the period of stand down of time at which employees are to resume work, and an Employee except employee who does not present for work at the time referred to the extent that such Employee becomes in subparagraph (2) above will not be entitled to payment for the holiday in other employment. An Employee claiming time "stood down", but instead will only be entitled to payment for actual time worked. (5) where, on the day following the resumption of normal operations or on any subsequent day an employee cannot because of damage caused to the Project by a public holiday under this paragraph shallcyclone be usefully employed, if required by the Employer, furnish a statutory declaration setting out details of any other employment during this period and Employer may stand down the remuneration received hereinemployee without pay.

STAND DOWN. Notwithstanding anything elsewhere contained in this Agreement, Stand down generally (a) The Employer has the right to stand down an Employer may deduct payment employee without pay for any day or part thereof where an Employee of a day for which the employee cannot be usefully employed because of do work due to any strike, ban on work, or any other stoppage or interference beyond the control of cause for which the Employer but subject to the following conditions: 16.14.1 Where the Employer proposes to exercise the right given hereunder, it shall notify the Employee and where the employee requests it, advise the Media Entertainment and Arts Alliance accordingly. During the period such notification remains in force, the Employee shall cannot reasonably be deemed to be stood down for the purpose of this sub clause. 16.14.2 An Employee who is stood down as aforesaid shall be treated for all purposes (other than payment of wages) as having continuity of service and employment notwithstanding such stand down. 16.14.3 An Employer, if requested by an Employee stood down or about to be stood down under this sub clause shall on the day of the stand down or as soon as practicable pay the Employee: (a) All monies excluding annual leave due and payable to the Employee under his/her contract of employment as at the date on which the Employee is stood downheld responsible. (b) Any payments which would be made The right to stand down an employee is subject to the Employee Employer ensuring that all reasonable options for other work have been explored before the stand down is implemented. (c) Any dispute arising from the application of this clause shall be resolved in accordance with the dispute resolution procedure in this Agreement. Stand down in the event of a cyclone (a) The following shall apply when, in the event of a cyclone, the Employer stands down employees employed under this Agreement: (1) each employee who: (A) at the Annual leave clause commencement of the cyclone has reported for work and remains at work until otherwise directed by the Employer, and (B) following the "all clear", resumes normal duty in accordance with the direction of the Employer, shall be paid for the normal rostered ordinary time that occurred during the stand down. (2) any employee who, on any day during the cyclone stand down: (A) is required for work and is requested to do so by the Employer, and (B) is not willing or available to work when so requested, is not entitled to payment for that day. (3) an employee who is required to remain at, or is called out to work during the period of time in which the operation has been stood down because of a cyclone shall be paid for all time worked at penalty rates, typically starting at time and a half for the first two hours, but not to exceed double time, unless the day concerned is a public holiday in which event the maximum payment, subject to other provisions of this Agreement, as if shall not exceed the employment of the Employee was terminated relevant remuneration rate for working on the date he/she was stood down provided that such payments shall if the Employer so determines or the Employee so requests be limited to a period of annual leave which is the same length as the period for which the Employee is stood down. 16.14.4 An Employee who is stood down shall be entitled to take other employment (during the stand down period). On obtaining other employment the Employee shall advise the Employer immediately of his/her commitment. Any dispute with regard to the employee taking other employment will be settled thought the Dispute Settling clause. 16.14.5 Notwithstanding anything hereinbefore contained, an Employer will not deduct payment for any day prescribed by the Agreement as a public holiday as outlined in Clause 24.4. (4) after the "all clear" is given, each employee shall be notified by the Employer of: (A) the time at which occurs during normal operations are to resume, and (B) the period of stand down of time at which employees are to resume work, and an Employee except employee who does not present for work at the time referred to the extent that such Employee becomes in subparagraph (2) above will not be entitled to payment for the holiday in other employment. An Employee claiming time "stood down", but instead will only be entitled to payment for actual time worked. (5) where, on the day following the resumption of normal operations or on any subsequent day an employee cannot because of damage caused to the Project by a public holiday under this paragraph shallcyclone be usefully employed, if required by the Employer, furnish a statutory declaration setting out details of any other employment during this period and Employer may stand down the remuneration received hereinemployee without pay.

STAND DOWN. Notwithstanding anything elsewhere contained in this Agreement, an Employer 4.15.1 The Company may deduct payment for any day or part thereof where an Employee time during which Employees cannot be usefully employed in the type of work in which they are usually employed, because of any strike, ban on workstrike or lockout by any persons whomsoever, or any other stoppage or interference beyond cause whatsoever for which the control of the Employer but Company cannot justly be held responsible, subject to the following conditions: 16.14.1 Where (a) When the Employer Company proposes to exercise the right given hereunder, use stand downs it shall will notify the Employee and where the employee requests it, advise the Media Entertainment and Arts Alliance accordinglyEmployees affected. During the period such this notification remains in force, force the Employee shall be Employees affected are deemed to be stood stood-down; (b) Employees who are stood-down for the purpose of this sub clause. 16.14.2 An Employee who is stood down as aforesaid shall will be treated for all purposes (purposes, other than payment of wages) , as otherwise having continuity of service and employment notwithstanding such stand down.employment; 16.14.3 An Employer, if requested by an Employee (c) At any time during the period they are stood down or about Employees may terminate their employment without notice and will be entitled to be stood down under this sub clause shall on the day of the stand down or receive as soon as practicable pay the Employee: (a) All monies excluding annual leave due practicable, all wages and payable other payments to which they are entitled up to the Employee under his/her contract time of employment as at the date on which the Employee is stood down. (b) Any payments which would termination. Where this occurs they are to be made to the Employee under the Annual leave clause of this Agreement, treated as if their employment had been terminated by the employment Company without default of the Employee was terminated on the date he/she was stood other than payment in lieu of notice; (d) Employees who are stood-down provided that such payments shall if the Employer so determines or the Employee so requests be limited to a period of annual leave which is the same length as the period for which the Employee is stood down. 16.14.4 An Employee who is stood down shall be entitled are able to take other employment (during the stand down period). On obtaining other employment the Employee shall advise the Employer immediately of his/her commitment. Any dispute with regard in which case it is a reasonable excuse for not reporting for duty after being notified that they are required to the employee taking other employment will be settled thought the Dispute Settling clause. 16.14.5 Notwithstanding anything hereinbefore contained, an Employer will not deduct payment attend for any day prescribed by the Agreement as work because they are working out a public holiday which occurs during the period of stand down of an Employee except notice not exceeding one (1) week which they are required to the extent that give in such Employee becomes entitled to payment for the holiday in other employment. An Employee claiming payment for a public holiday under this paragraph shall, if If required by the EmployerCompany, furnish the Employees are to provide a statutory declaration setting out details of any other employment; (e) Employees whom the Company proposes to stand-down are entitled to take any accrued leave except where they are engaged in industrial action as defined by the Fair Work Xxx 0000 (Cth); and (f) The Company will not deduct payment for any Public Holiday which occurs during the period in which Employees are stood down and for which payment would otherwise be due except if they have been paid for the Public Holiday in other employment. If required by the Company, Employees claiming payment for a Public Holiday are to provide a statutory declaration setting out details of other employment during this period and the remuneration received hereinreceived.

STAND DOWN. Notwithstanding anything elsewhere contained in this Agreement, an 2.5.1 The Employer may deduct payment for any stand the Employee down without pay on a day or part thereof where an days if the Employee cannot be usefully employed because of any strike, ban on work, industrial action (other than industrial action organized or any other engaged by the Employer) or stoppage or interference beyond the control of work that exceeds 24 hours for which the Employer but subject cannot reasonably be held responsible. 2.5.2 If an Employer stands down an employee during a period under sub clause 2.5.1, the Employer is not required to make payments to the following conditions: 16.14.1 Where the Employer proposes to exercise the right given hereunderemployee for that period. Additionally, it shall notify the if an Employee and where the employee requests it, advise the Media Entertainment and Arts Alliance accordingly. During the period such notification remains in force, the Employee shall be deemed to be stood down for the purpose of this sub clause. 16.14.2 An Employee who is stood down as aforesaid shall they will be treated for all purposes (other than payment of wages) as having continuity of service and employment notwithstanding such stand downemployment. 16.14.3 An Employer, if requested by 2.5.3 If an Employee stood down or about to be stood down under this sub clause shall on the day of the stand down or as soon as practicable pay the Employee: (a) All monies excluding annual leave due and payable to the Employee under his/her contract of employment as at the date on which the Employee is stood down. (b) Any payments which would be made to the Employee under the Annual leave clause of this Agreement, as if the employment of the Employee was terminated on the date he/she was stood down provided that such payments shall if the Employer so determines or the Employee so requests be limited to a period of annual leave which is the same length as the period for which the Employee is stood down. 16.14.4 An Employee who is stood down shall be entitled to take other employment (during the stand down period). On obtaining other employment the Employee shall advise the Employer immediately of his/her commitment. Any dispute with regard to the employee taking other employment will be settled thought the Dispute Settling clause. 16.14.5 Notwithstanding anything hereinbefore contained, an Employer will not deduct payment for they may at any day prescribed by the Agreement as a public holiday which occurs time during the period of stand down of an Employee except terminate their employment without notice and will be paid within 28 days any monies due to the extent that such Employee becomes at the time of termination. The day on which the Employee exercise the right of termination without notice will be the day on which their employment is terminated. 2.5.4 If the Employee's employment is terminated under this clause the Employee's employment shall for all purposes be treated as if the Employer had terminated the Employee's employment without default on the Employee's behalf. 2.5.5 The Employer grants consent for the Employee to earn remuneration from any employment whenever the Employer invokes this clause. 2.5.6 Unless the Employee is engaged in a strike or stoppage at any of our establishments, if the Employee is stood down and exercise the right to take other employment the Employee will be entitled to payment work in such other employment notice up to 1 week (or as agreed), provided that the Employee notifies the Employer of their doing so. 2.5.7 If the Employer proposed to stand the Employee down, the Employee may elect to take, for the holiday period of the stand down only, any leave to which the Employee is entitled or which is accruing and upon such election being exercised, the Employees leave shall be reduced accordingly. 2.5.8 Unless the Employee is a engaged in other employmenta strike or stoppage at any of our establishments, they will not be stood down away from Home Base. An However, where such cases arise, the Employee claiming payment for will be provided with accommodation of a public holiday under this paragraph shall, if required mutually agreed standard plus full salary and allowances by us until such time the Employer, furnish a statutory declaration setting out details of any other employment during this period and the remuneration received hereinEmployee returns to Home Base.

STAND DOWN. Notwithstanding anything elsewhere contained in this Agreement14.1 Subject to the following provisions, an Employer may employer will have the right to deduct payment for any day or part thereof where an Employee employee cannot be usefully employed because of any strike, ban on work, strike or through any breakdown in machinery or any other stoppage or interference beyond of work by any cause for which the control of employer cannot reasonably be held responsible. 14.2 When the Employer but subject to the following conditions: 16.14.1 Where the Employer employer proposes to exercise the right given hereunder, it shall conferred by this clause he or she will notify the Employee and where the employee requests it, advise the Media Entertainment and Arts Alliance accordinglyemployee. During the period such notification remains in force, force the Employee shall employee will be deemed to be stood down for the purpose of this sub clause. 16.14.2 14.3 An Employee employee who is stood down as aforesaid shall under this clause will be treated for all purposes (other than payment of wages) as having continuity of service and employment notwithstanding despite such stand standing down. 16.14.3 14.4 An Employer, if requested by an Employee stood down or about to be employee who is stood down under this sub clause shall on may at any time during the day of period he or she is stood down terminate his or her employment without notice and will be entitled to receive from the stand down or employer as soon as practicable pay the Employee: (a) All any monies excluding annual leave due and payable to the Employee under his/her contract of employment as at the date time of termination. The day on which the Employee employee exercises the right of termination without notice will be the day on which the employment is stood downterminated. 14.5 An employee whose employment is terminated under clause 14.4 will for all purposes (bother than payment in lieu of notice) Any payments which would be made to the Employee under the Annual leave clause of this Agreement, treated as if the employee’s employment had been terminated by the employer without default of the Employee was terminated on the date he/she was stood down provided that such payments shall if the Employer so determines or the Employee so requests be limited to a period of annual leave which is the same length as the period for which the Employee is stood downemployee. 16.14.4 An Employee 14.6 Any employee who is stood down shall under this clause will be entitled at liberty to take other employment. 14.7 An employee stood down under this clause for a period of more than five working days who has exercised the right to take other employment (during is entitled to work out in such other employment notice of up to one week provided the employee notifies the employer of his or her so doing. This provision does not apply to an employee who is a member of an organisation engaged in a strike at any establishment of the employer. 14.8 An employee whom the employer proposes to stand down period). On obtaining other employment under this clause may elect to take, for the Employee shall advise period of the Employer immediately stand-down only and for such further time as is reasonably required for the employee to return to his or her normal place of his/her commitment. Any dispute with regard abode, any annual leave to which the employee is entitled or which is accruing to the employee taking other employment and upon such election being exercised the employee’s annual leave will be settled thought the Dispute Settling clausereduced accordingly. 16.14.5 Notwithstanding anything hereinbefore contained14.9 Despite any previous clauses, an Employer the employer will not deduct payment for any day prescribed by the Agreement as a public holiday which occurs during the period of stand stand- down of an Employee employee except to the extent that such Employee becomes employee has become entitled to payment for the holiday in other employment. An Employee This provision does not apply to an employee who is a member of an organisation engaged in a strike at any establishment of the employer. If the employer requires, an employee claiming payment for a public holiday under this paragraph shall, if required by must provide the Employer, furnish employer with a statutory declaration setting out details of any other employment during this the stand down period and the remuneration received hereinfor that employment.

STAND DOWN. Notwithstanding anything elsewhere contained in this Agreement18.1 Subject to the following provisions, an Employer may the employer will have the right to deduct payment for any day or part thereof where an Employee employee cannot be usefully employed because of any strike, ban on work, strike or through any breakdown in machinery or any other stoppage or interference beyond of work by any cause for which the control of employer cannot reasonably be held responsible. 18.2 When the Employer but subject to the following conditions: 16.14.1 Where the Employer employer proposes to exercise the right given hereunder, it shall conferred by this clause he or she will notify the Employee and where the employee requests it, advise the Media Entertainment and Arts Alliance accordinglyemployee. During the period such notification remains in force, force the Employee shall employee will be deemed to be stood down for the purpose of this sub clause. 16.14.2 18.3 An Employee employee who is stood down as aforesaid shall under this clause will be treated for all purposes (other than payment of wages) as having continuity of service and employment notwithstanding despite such stand standing down. 16.14.3 18.4 An Employer, if requested by an Employee stood down or about to be employee who is stood down under this sub clause shall on may at any time during the day of period he or she is stood down terminate his or her employment without notice and will be entitled to receive from the stand down or employer as soon as practicable pay the Employee: (a) All any monies excluding annual leave due and payable to the Employee under his/her contract of employment as at the date time of termination. The day on which the Employee employee exercises the right of termination without notice will be the day on which the employment is stood downterminated. 18.5 An employee whose employment is terminated under clause 18.4 will for all purposes (bother than payment in lieu of notice) Any payments which would be made to the Employee under the Annual leave clause of this Agreement, treated as if the employee’s employment had been terminated by the employer without default of the Employee was terminated on the date he/she was stood down provided that such payments shall if the Employer so determines or the Employee so requests be limited to a period of annual leave which is the same length as the period for which the Employee is stood downemployee. 16.14.4 An Employee 18.6 Any employee who is stood down shall under this clause will be entitled at liberty to take other employment. 18.7 An employee stood down under this clause for a period of more than five working days who has exercised the right to take other employment (during is entitled to work out in such other employment notice of up to one week provided the employee notifies the employer of his or her so doing. This provision does not apply to an employee who is a member of an organisation engaged in a strike at any establishment of the employer. 18.8 An employee whom the employer proposes to stand down period). On obtaining other employment under this clause may elect to take, for the Employee shall advise period of the Employer immediately stand-down only and for such further time as is reasonably required for the employee to return to his or her normal place of his/her commitment. Any dispute with regard abode, any annual leave to which the employee is entitled or which is accruing to the employee taking other employment and upon such election being exercised the employee’s annual leave will be settled thought the Dispute Settling clausereduced accordingly. 16.14.5 Notwithstanding anything hereinbefore contained18.9 Despite any previous clauses, an Employer the employer will not deduct payment for any day prescribed by the Agreement agreement as a public holiday which occurs during the period of stand stand-down of an Employee employee except to the extent that such Employee becomes employee has become entitled to payment for the holiday in other employment. An Employee This provision does not apply to an employee who is a member of an organisation engaged in a strike at any establishment of the employer. If the employer requires, an employee claiming payment for a public holiday under this paragraph shall, if required by must provide the Employer, furnish employer with a statutory declaration setting out details of any other employment during this the stand down period and the remuneration received hereinfor that employment.

STAND DOWN. Notwithstanding anything elsewhere contained in this Agreement, an Employer may 12.1 The employer will have the right to deduct payment for any day or part thereof where an Employee employee cannot be usefully employed because of any strikestrike or stoppage of work through any cause for which the employer cannot reasonably be held responsible, ban on work, or any other stoppage or interference beyond the control of the Employer but subject to the following conditions: 16.14.1 Where the Employer proposes to exercise the right given hereunder, it shall 12.1.1 The employer will notify the Employee and where the employee requests it, advise the Media Entertainment and Arts Alliance accordinglyemployee. During the period such the notification remains in force, force the Employee shall employee will be deemed to be stood down for the purpose of this sub clause. 16.14.2 12.1.2 An Employee employee who is stood down as aforesaid shall will be treated for all purposes (other than payment of wages) as having continuity of service and employment notwithstanding regardless of such stand standing down. 16.14.3 12.1.3 An Employer, if requested by an Employee employee who is stood down or about to may at any time during the period of stand 12.1.4 An employee whose employment is terminated under 12.1.4 will for all purposes (other than payment in lieu of notice) be treated as if the employee’s employment had been terminated by the employer without default of the employee. 12.1.5 An employee who is stood down under this sub clause shall on will be free to take other employment. 12.1.6 Apart from an employee who is a member of union or association engaged in a strike or stoppage at any establishment of the day employer, an employee stood down for a period of more than five working days who has exercised the right to take other employment will be entitled to work out in such other employment notice of up to one week. Provided the employee notifies the employer that they are doing this. 12.1.7 An employee whom the employer proposes to stand down may elect to take, for the period of the stand down or only and for such further time as soon as practicable pay is reasonably required for the Employee: (a) All monies excluding employee to return to the employee’s normal residence, any annual leave due and payable to the Employee under his/her contract of employment as at the date on which the Employee employee is stood down. (b) Any payments which would be made to the Employee under the Annual leave clause of this Agreement, as if the employment of the Employee was terminated on the date he/she was stood down provided that such payments shall if the Employer so determines entitled or the Employee so requests be limited to a period of annual leave which is the same length as the period for which the Employee is stood down. 16.14.4 An Employee who is stood down shall be entitled to take other employment (during the stand down period). On obtaining other employment the Employee shall advise the Employer immediately of his/her commitment. Any dispute with regard accruing to the employee taking other employment and upon such election being exercised the employee's annual leave will be settled thought the Dispute Settling clausereduced accordingly. 16.14.5 Notwithstanding anything hereinbefore contained, an Employer 12.1.8 The employer will not deduct payment for any day prescribed by the Agreement award affecting the particular employer as a public holiday which occurs during the period of stand down of an Employee employee (other than of an employee who is a member of a union or an association engaged in a strike or stoppage at any establishment of the employer) except to the extent that such Employee becomes employee has become entitled to payment for the holiday in other employment. An Employee employee claiming payment for a public holiday under this paragraph shallwill, if required by the Employeremployer, furnish provide a statutory declaration setting out details of any other employment during this period and the remuneration received hereinreceived.

STAND DOWN. Notwithstanding anything elsewhere contained in this Agreement, an Employer 37.1 The Company may deduct payment for any day or part thereof where an time the Employee cannot be usefully employed because of any strike, ban on workpower stoppage or restriction or rationing in the use of electricity or coal/gas, or through any other breakdown of machinery or stoppage or interference beyond of work by any cause for which the control of the Employer Company cannot reasonably be held responsible, but subject to the following conditions: 16.14.1 Where the Employer proposes to exercise the right given hereunder, it shall notify the Employee and where the employee requests it, advise the Media Entertainment and Arts Alliance accordingly. During the period such notification remains in force, the Employee shall be deemed to be stood down for the purpose of this sub clause. 16.14.2 An Employee who is stood down as aforesaid shall be treated for all purposes (other than payment of wages) as having continuity of service and employment notwithstanding such stand down. 16.14.3 An Employer, if requested by an Employee stood down or about to be stood down under this sub clause shall on the day of the stand down or as soon as practicable pay the Employeeonly if: (a) All monies excluding annual leave due When an Employee attends for work but cannot be usefully employed and payable is stood- down in accordance with this clause, he or she must be paid for at least two hours’ work at ordinary time rates. The Company does not have to pay the two hours pay if the Company can demonstrate that an attempt was made to notify the Employee under his/her contract of employment as at the date on which the Employee is stood downthat he or she need not attend for work. (b) Any payments which would be made to the Employee under the Annual leave clause of this Agreement, as if the employment of the Employee was terminated on the date he/she was stood down provided that such payments shall if the Employer so determines or the Employee so requests be limited to a period of annual leave which is the same length as the period for which the If an Employee is stood downrequested by the Company to remain at work in excess of two hours, without commencing work, he or she is entitled to payment at his or her appropriate rate. 16.14.4 An (c) Where an Employee who is stood down shall commences work he or she will be entitled to take other employment (during the stand down period). On obtaining other employment the Employee shall advise the Employer immediately of his/her commitment. Any dispute with regard to the employee taking other employment will be settled thought the Dispute Settling clausepaid for at least three hours work on that day. 16.14.5 Notwithstanding anything hereinbefore contained, an Employer will not (d) The Company may deduct payment for any day prescribed time the Employee can not usefully be employed because of any strike. 37.2 Employees may be stood down at any time when no work is offering subject to the following qualifications: (a) Prior to any stand down there is consultation with the relevant Employees on the duration and reason for the stand down, the number of Employees affected and arrangements for on going communications between the Employees and the Company. (b) There is agreement between the affected Employees and the Company on the mechanism and procedure to alleviate the possible affects of a stand down. (c) Employees may be represented during the consultation process by a nominated representative, which may be their union. (d) Employee representatives must be given a reasonable opportunity to participate in the Agreement as discussions. 37.3 The Company may not deduct payment from an Employee who has been given notice of termination when no work is offering. 37.4 Employees cannot be stood-down due to lack of work on a public holiday which occurs during the period of stand down of holiday. 37.5 When an Employee except to the extent that such Employee becomes entitled to payment is stood-down: (a) His or her continuity of service is not broken for the holiday in other employment. An Employee claiming payment for a purposes of annual leave public holiday under this paragraph shallholidays and sick leave; and (b) His or her annual leave, if required by the Employer, furnish a statutory declaration setting out details of any other employment during this period public holidays and the remuneration received hereinsick leave continue to accrue as though they have not been stood down.