Common use of Incapacity to pay Clause in Contracts

Incapacity to pay. Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in Paragraph (a) above. The Industrial Relations Commission shall have regard to such financial and other resources of the employer concerned as the Industrial Relations Commission thinks relevant, and the probable effect paying the amount of severance pay in sub-clause (i) above will have on the employer.

Appears in 1 contract

Samples: Enterprise Agreement

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Incapacity to pay. Subject to an application by the employer Company and further order of the Industrial Relations Commission, an employer the Company may pay a lesser amount (or no amount) of severance pay than that contained in Paragraph (a) 35.5.1 above. The Industrial Relations Commission shall have regard to such financial and other resources of the employer Company concerned as the Industrial Relations Commission thinks relevant, and the probable effect paying the amount of severance pay in sub-clause subclause (i) above will have on the employerCompany.

Appears in 1 contract

Samples: Enterprise Agreement

Incapacity to pay. Subject to an application by the employer Employer and further order of the Industrial Relations Commission, an employer Employer may pay a lesser amount (or no amount) of severance pay than that contained in Paragraph (a) paragraph 37.5.1 above. The Industrial Relations Commission shall have regard to such financial and other resources of the employer Employer concerned as the Industrial Relations Commission thinks relevant, and the probable effect paying the amount of severance pay in sub-clause (i) paragraph 37.5.1 above will have on the employerEmployer.

Appears in 1 contract

Samples: Enterprise Agreement

Incapacity to pay. Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in Paragraph subclause (ai) above. The Industrial Relations Commission shall have regard to such financial and other resources of the employer concerned as the Industrial Relations Commission thinks relevant, and the probable effect paying the amount of severance pay in sub-clause subclause (i) above will have on the employer.

Appears in 1 contract

Samples: Enterprise Agreement

Incapacity to pay. Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in Paragraph (a) aboveparagraph 24.5.1 of this clause. The Industrial Relations Commission shall have regard to such financial and other resources of the employer concerned as the Industrial Relations Commission Commissions thinks relevant, and the probable effect paying the amount of severance pay in sub-clause (i) above the said paragraph 24.5.1 will have on the employer.

Appears in 1 contract

Samples: Enterprise Agreement

Incapacity to pay. Subject to an application by the employer Employer and further order of the Industrial Relations Commission, an employer Employer may pay a lesser amount (or no amount) of severance pay than that contained in Paragraph (a) paragraph 32.5.1 above. The Industrial Relations Commission shall have regard to such financial and other resources of the employer Employer concerned as the Industrial Relations Commission thinks relevant, and the probable effect paying the amount of severance pay in sub-clause (i) subclause 32.5.1 above will have on the employerEmployer.

Appears in 1 contract

Samples: Enterprise Agreement

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Incapacity to pay. Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in Paragraph (a) paragraph 33.5.1 above. The Industrial Relations Commission shall will have regard to such financial and other resources of the employer concerned as the Industrial Relations Commission thinks relevant, and the probable effect paying the amount of severance pay in sub-clause (i) paragraph 33.5.1 above will have on the employer.

Appears in 1 contract

Samples: Enterprise Agreement

Incapacity to pay. Subject to an application by the employer Employer and further order of the Industrial Relations Commission, an employer Employer may pay a lesser amount (or no amount) of severance pay than that contained in Paragraph (a) paragraph 31.5.1 above. The Industrial Relations Commission shall have regard to such financial and other resources of the employer Employer concerned as the Industrial Relations Commission thinks relevant, and the probable effect paying the amount of severance pay in sub-clause (i) paragraph 31.5.1 above will have on the employerEmployer.

Appears in 1 contract

Samples: Enterprise Agreement

Incapacity to pay. Subject to an application by the employer Employer and further order of the Industrial Relations Commission, an employer Employer may pay a lesser amount (or no amount) of severance pay than that contained in Paragraph (a) paragraph 35.5.1 above. The Industrial Relations Commission shall have regard to such financial and other resources of the employer Employer concerned as the Industrial Relations Commission thinks relevant, and the probable effect paying the amount of severance pay in sub-clause (i) subclause 35.5.1 above will have on the employerEmployer.

Appears in 1 contract

Samples: Enterprise Agreement

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