Industrial instruments Sample Clauses
The 'Industrial instruments' clause defines the role and applicability of legally recognized agreements, such as awards or enterprise agreements, that govern employment conditions within a particular industry or workplace. This clause typically specifies which industrial instruments apply to the employees covered by the contract, clarifying how terms like pay rates, working hours, and leave entitlements are determined. Its core function is to ensure that both employers and employees understand which external rules or standards supplement or override the terms of the employment contract, thereby promoting compliance and reducing disputes over employment conditions.
Industrial instruments. If an industrial instrument (including a modern award, award or enterprise agreement) applies to your employment, then:
(a) it applies as a matter of law and does not form part of this Agreement;
(b) the Total Fixed Remuneration is in satisfaction of all entitlements under the industrial instrument, including any overtime, loadings, allowances or penalty rates which may be owed to you under the industrial instrument. Accordingly, you will not be paid any amounts in addition to the Total Fixed Remuneration for working particular times or under particular conditions unless otherwise agreed in writing;
(c) any entitlement under the industrial instrument is calculated by reference to the applicable rate of pay in the industrial instrument;
(d) if there are any changes to the entitlements in clause (c), then the Total Fixed Remuneration is applied to and absorbs those changed entitlements; and
(e) Your Employer may vary (but not reduce) the Total Fixed Remuneration to incorporate the value of an entitlement under an industrial instrument.
Industrial instruments. (a) Each Seller has disclosed to the Buyer full details of all state and federal industrial awards and agreements (including unregistered agreements) which apply to that Seller’s Employees.
(b) None of the Sellers are presently subject to a bargaining period notified by any union or group of employees in respect of any collective industrial agreement that applies to the Employees.
Industrial instruments. All agreements with trade union or employee organisations of any kind about the Employees to which the Company is party to have been made available in the Data Room.
Industrial instruments. In addition to the terms of this Agreement, some of the terms and conditions of your employment may be covered by a modern award, enterprise agreement or other industrial instrument including the Social, Community, Home
Industrial instruments. 2.1 In addition to the terms and conditions of employment contained in this Agreement, some of your terms and conditions of employment with the Company may be contained in an industrial instrument, such as an enterprise agreement.
2.2 The Company has two enterprise agreements in place for Commercial Diving.
2.2.1 The industrial instrument applicable to your employment when performing offshore diving work is the Oceanic Offshore Pty Ltd Diving Enterprise Agreement 2014. Copy available on request.
2.2.2 The industrial instrument applicable to your employment when performing inshore diving work is the Oceanic Offshore ODS Enterprise Agreement 2013. Copy available on request.
2.3 The Company shall align with an accepted agreement for vessel and / or maritime works.
2.3.1 The industrial instrument applicable to your employment when performing solely vessel and / or maritime work is the Bhagwan Marine Pty Ltd North West Vessel and Maritime Unions Enterprise Agreement 2015. Copy Available on request.
Industrial instruments. This Agreement will regulate the conditions of employment of the Employees covered by the Agreement. Where the Agreement is silent on a matter contained in the Educational Services (Schools) General Staff Award 2020, the Employer will apply the relevant term of the Award, as amended from time to time. The Award is incorporated into this Agreement. This Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between this Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.
Industrial instruments. Unless expressly modified by this Agreement, the terms of any protected award conditions, protected notional conditions or protected preserved conditions (as that term is defined in the WRA) which might otherwise apply to employees are expressly excluded from this Agreement and do not apply to the employees’ employment with the Company including terms relating to:
(a) rest breaks;
(b) incentive based payments and bonuses;
(c) annual leave loadings;
(d) observance of public holidays;
(e) days to be substituted for, or a procedure for substituting days referred to in paragraph (d);
(f) monetary allowances for:
(i) expenses incurred in the course of employment; or
(ii) responsibilities or skills that are not taken into account in rates of pay for employees; or
(iii) disabilities associated with the performance of particular tasks or work in particular conditions or locations;
(g) loadings for working overtime or for shift work;
(h) penalty rates; and
(i) outworker conditions.