Common use of Failure to Make Payments to Industry Funds etc Clause in Contracts

Failure to Make Payments to Industry Funds etc. If a person covered by this Agreement has a genuine and reasonable belief that the Employer has failed to comply with this Clause 26.1, the following process will apply: 26.2.1 the person or their representative must notify the Employer in writing of the alleged non-compliance and what must be done to remedy it; 26.2.2 the parties must consult in good faith in an effort to resolve the matter; 26.2.3 subject to paragraph 26.2.4, if after 14 working days following the notification to the Employer (or such longer period as may be agreed to permit consultation to occur), the person still has a genuine and reasonable belief that the Employer has failed to comply with clause 26.1.2, then the following will apply: (a) In addition to rectifying any amount that is owing, the Employer will make a payment of $20.00 per week for each week an amount is owing in respect of each particular entitlement: (i) Into the severance fund if an amount owing is to the severance fund; (ii) Into the severance fund, if an amount owing/not paid was in respect of income protection insurance; (iii) Into the relevant superannuation fund, if an amount owing is in respect of superannuation; and/or (iv) Into the severance fund if an amount owing is to coinvest.

Failure to Make Payments to Industry Funds etc. If a person covered by this Agreement has a genuine and reasonable belief that the Employer has failed to comply with this Clause clause 26.1, the following process will apply: 26.2.1 (a) the person or their representative must notify the Employer in writing of the alleged non-non- compliance and what must be done to remedy it; 26.2.2 (b) the parties must consult in good faith in an effort to resolve the matter; 26.2.3 (c) subject to paragraph 26.2.426.3, if after 14 working days following the notification to the Employer (or such longer period as may be agreed to permit consultation to occur), the person still has a genuine and reasonable belief that the Employer has failed to comply with clause 26.1.2, then the following will apply: (ad) In addition to rectifying any amount that is owing, the Employer will make a payment of $20.00 per week for each week an amount is owing in respect of each particular entitlement:of (i) i. Into the severance fund if an amount owing is to the severance fund; (ii) . Into the severance fund, if an amount owing/not paid was in respect of income protection insurance; (iii) . Into the relevant superannuation fund, if an amount owing is in respect of superannuation; and/or (iv) . Into the severance fund if an amount owing is to coinvestProtect (e) If income protection insurance premiums are not paid and are not able to be back paid to the insurer, the Employer must also pay the equivalent amount of the premiums into the severance fund.