Common use of Transition to this agreement Clause in Contracts

Transition to this agreement. This agreement replaces all previous terms and conditions of employment unless mutually agreed otherwise as specified below. Where an employee on an individual employment agreement (IEA) joins the NZNO or an employee’s employer becomes a party to the MECA and the employee is a member of NZNO, the following shall apply: • The employee shall cease to be covered by the terms and conditions of the IEA, except for any terms and conditions agreed in writing between the employee and the employer to still apply now that the employee is covered by this collective agreement • If the employee’s IEA provides for a flat hourly rate, that hourly rate shall be deconstructed to provide for an ordinary hourly rate, overtime, penalty payments etc, in accordance with this agreement, by agreement between the employer and the employee. Alternatively, the employee and the employer can agree upon an all inclusive salary • If the employee’s IEA provides for an all inclusive salary, the agreed all inclusive salary shall continue to apply to the employee, unless the employee and employer agree on the transition to an ordinary rate • If the employee has an ordinary hourly rate and an entitlement to one or more penalty rate/s for particular times, or some other mix of remuneration rates which is different from that provided for in this agreement, the employer and employee shall deconstruct the rates applicable to provide for an ordinary hourly rate, overtime, penalty payments etc, in accordance with this agreement, by agreement between the employer and the employee • The principles that shall apply to all transitions from an individual employment agreement to this agreement are: o The employee shall advise the employer as soon as possible if the employee has joined NZNO. This is to ensure that the employee is placed on the MECA and to enable the transition to be resolved promptly and appropriately; o Neither party should be disadvantaged or advantaged by the transition; o Agreement shall not be unreasonably withheld; o The employee may seek the assistance of NZNO in working through this process; o The agreement reached shall be recorded in writing; o The provisions of the MECA are the minimum entitlements.

Appears in 5 contracts

Samples: Primary Health Care Multi Employer Collective Agreement, Primary Health Care Multi Employer Collective Agreement, Multi Employer Collective Agreement

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Transition to this agreement. This agreement replaces all previous terms and conditions of employment unless mutually agreed otherwise as specified below. Where an employee on an individual employment agreement (IEA) joins the NZNO or an employee’s employer becomes a party to the MECA and the employee is a member of NZNO, the following shall apply: The employee shall cease to be covered by the terms and conditions of the IEA, except for any terms and conditions agreed in writing between the employee and the employer to still apply now that the employee is covered by this collective agreement If the employee’s IEA provides for a flat hourly rate, that hourly rate shall be deconstructed to provide for an ordinary hourly rate, overtime, penalty payments etc, in accordance with this agreement, by agreement between the employer and the employee. Alternatively, the employee and the employer can agree upon an all inclusive salary If the employee’s IEA provides for an all inclusive salary, the agreed all inclusive salary shall continue to apply to the employee, unless the employee and employer agree on the transition to an ordinary rate If the employee has an ordinary hourly rate and an entitlement to one or more penalty rate/s for particular times, or some other mix of remuneration rates which is different from that provided for in this agreement, the employer and employee shall deconstruct the rates applicable to provide for an ordinary hourly rate, overtime, penalty payments etc, in accordance with this agreement, by agreement between the employer and the employee The principles that shall apply to all transitions from an individual employment agreement to this agreement are: o The employee shall advise the employer as soon as possible if the employee has joined NZNO. This is to ensure that the employee is placed on the MECA and to enable the transition to be resolved promptly and appropriately; o Neither party should be disadvantaged or advantaged by the transition; o Agreement shall not be unreasonably withheld; o The employee may seek the assistance of NZNO in working through this process; o The agreement reached shall be recorded in writing; o The provisions of the MECA are the minimum entitlements.

Appears in 1 contract

Samples: Primary Health Care Multi Employer Collective Agreement

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Transition to this agreement. This agreement replaces all previous terms and conditions of employment unless mutually agreed otherwise as specified below. Where an employee on an individual employment agreement (IEA) joins the NZNO or an employee’s employer becomes a party to the MECA and the employee is a member of NZNO, the following shall apply: The employee shall cease to be covered by the terms and conditions of the IEA, except for any terms and conditions agreed in writing between the employee and the employer to still apply now that the employee is covered by this collective agreement If the employee’s IEA provides for a flat hourly rate, that hourly rate shall be deconstructed to provide for an ordinary hourly rate, overtime, penalty payments etc, in accordance with this agreement, by agreement between the employer and the employee. Alternatively, the employee and the employer can agree upon an all inclusive salary If the employee’s IEA provides for an all inclusive salary, the agreed all inclusive salary shall continue to apply to the employee, unless the employee and employer agree on the transition to an ordinary rate If the employee has an ordinary hourly rate and an entitlement to one or more penalty rate/s for particular times, or some other mix of remuneration rates which is different from that provided for in this agreement, the employer and employee shall deconstruct the rates applicable to provide for an ordinary hourly rate, overtime, penalty payments etc, in accordance with this agreement, by agreement between the employer and the employee The principles that shall apply to all transitions from an individual employment agreement to this agreement are: o The employee shall advise the employer as soon as possible if the employee has joined NZNO. This is to ensure that the employee is placed on the MECA and to enable the transition to be resolved promptly and appropriately; o Neither party should be disadvantaged or advantaged by the transition; o Agreement shall not be unreasonably withheld; o The employee may seek the assistance of NZNO in working through this process; o The agreement reached shall be recorded in writing; o The provisions of the MECA are the minimum entitlements.

Appears in 1 contract

Samples: Multi Employer Collective Agreement

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