Common use of Deeming Clause in Contracts

Deeming. An ARIn that applied to a position, and to the employee occupying the position to which the ARIn applies, which is covered by this Agreement on the day before the Agreement commenced operation will continue in accordance with the provisions of this Framework. Any entitlement which an employee enjoyed on the day before the Agreement commences, which is in excess of those provided for under this Agreement will be deemed to be an ARIn. ARIns which are deemed to continue under this paragraph may operate for a maximum of 12 months from the date the Agreement commences. If the Director-General determines that an ARIn that has been deemed to continue under paragraph 10.2 should continue to operate beyond 12 months from the date the Agreement commences, then he/she must follow the procedures for approving a new ARIn, as set out in this Framework. The additional pay component provided under an ARIn may be used for the purposes of salary sacrifice arrangements in accordance with the Salary Sacrifice Arrangement provisions of this Agreement. Where an employee salary sacrifices any part of the terms of an ARIn and, in accordance with this Framework, the ARIn ceases to apply, the employee must notify the salary sacrifice arrangement provider that the terms of the ARIn can no longer be packaged.

Deeming. An ARIn that applied to a position, and to the employee occupying the position to which the ARIn applies, which is covered by this Agreement on the day before the Agreement commenced operation will continue in accordance with the provisions of this Framework. Any entitlement which an employee enjoyed on the day before the Agreement commences, which is in excess of those provided for under this Agreement will be is deemed to be an ARIn. ARIns which are deemed to continue under this paragraph subclause may operate for a maximum of 12 months from the date the Agreement commences. If the Directordirector-General general determines that an ARIn that has been deemed to continue under paragraph subclause 10.2 should continue to operate beyond 12 months from the date the Agreement commences, then he/she they must follow the procedures for approving a new ARIn, as set out in this Framework. The additional pay component provided under an ARIn may be used for the purposes of salary sacrifice arrangements in accordance with the Salary Sacrifice Arrangement salary sacrifice arrangement provisions of this Agreement. Where an employee salary sacrifices any part of the terms of an ARIn and, in accordance with this Framework, the ARIn ceases to apply, the employee must notify the salary sacrifice arrangement provider that the terms of the ARIn can no longer be packaged.