Common use of PASS ON Clause in Contracts

PASS ON. 9.1 This is an agreement under s59B(5) of the Employment Relations Act Between TIASA and ▇▇▇▇. 9.2 ▇▇▇▇▇ agrees that ▇▇▇▇ may pass on to any of its allied staff employed on Individual employment agreements any of the terms of employment under negotiation, or that have been negotiated, for inclusion in the proposed new collective agreement, but only if the following conditions are met: a) A period of at least four months must have elapsed between the commencement date of this new collective agreement and the date that the terms, or any of them, are offered to any member of staff covered by an individual employment agreement; b) In the case of any such term which provides for an increase in salary, allowances, or any other aspect of an employee’s remuneration, the increase must not be backdated to any date before the date on which the offer is made to the person covered by the individual employment agreement; c) There has been prior consultation with TIASA before any pass on is offered within the four months period pursuant to clause 9.2(a) to allied staff members on Individual employment agreements save that no such consultation shall be required in the case of new employees; d) The Pass on clause is to apply in both years of the term of the agreement. Non-Union staff members will, if applicable, receive the percentage rise one year from the anniversary date of the first movement. 9.3 The employer will, on request made at any time up to four months after the conclusion of the collective bargaining, provide sufficient details in writing to enable TIASA to verify whether there has been a compliance with this agreement. 9.4 The parties acknowledge that any breach of clauses 2 or 3 of this agreement will, prima facie, be a breach of the duty of good faith in s4 of the Employment Relations Act 2000. 9.5 For the purposes of the agreement, “terms of employment” include any terms reached in bargaining for the new collective agreement, with exception of any term that is required by law (such as, for instance, an employee protection provision) and “reached” has the same meaning as in s59A of the Act. 9.6 Nothing in the foregoing agreement will prevent TIASA and the employer from agreeing that any specified provision(s) of the new collective agreement will supersede this agreement.

PASS ON. 9.1 This is an agreement under s59B(5) of the Employment Relations Act Between TIASA and ▇▇▇▇. 9.2 ▇▇▇▇▇ TIASA agrees that ▇▇▇▇ may pass on to any of its allied staff employed on Individual employment agreements any of the terms of employment under negotiation, or that have been negotiated, for inclusion in the proposed new collective agreement, but only if the following conditions are met: a) A period of at least four months must have elapsed between the commencement date of this new collective agreement and the date that the terms, or any of them, are offered to any member of staff covered by an individual employment agreement; b) In the case of any such term which provides for an increase in salary, allowances, or any other aspect of an employee’s remuneration, the increase must not be backdated to any date before the date on which the offer is made to the person covered by the individual employment agreement; c) There has been prior consultation with TIASA before any pass on is offered within the four months period pursuant to clause 9.2(a) to allied staff members on Individual employment agreements save that no such consultation shall be required in the case of new employees; d) The Pass on clause is to apply in both years of the term of the agreement. Non-Union staff members will, if applicable, receive the percentage rise one year from the anniversary date of the first movement. 9.3 The employer will, on request made at any time up to four months after the conclusion of the collective bargaining, provide sufficient details in writing to enable TIASA to verify whether there has been a compliance with this agreement. 9.4 The parties acknowledge that any breach of clauses 2 or 3 of this agreement will, prima facie, be a breach of the duty of good faith in s4 of the Employment Relations Act 2000. 9.5 For the purposes of the agreement, “terms of employment” include any terms reached in bargaining for the new collective agreement, with exception of any term that is required by law (such as, for instance, an employee protection provision) and “reached” has the same meaning as in s59A of the Act. 9.6 Nothing in the foregoing agreement will prevent TIASA and the employer from agreeing that any specified provision(s) of the new collective agreement will supersede this agreement.