Rain at Starting Time (a) Where the Employees are in the sheds, because they have been rained off, or at starting time, morning tea, or lunch time, and it is raining, they shall not be required to go to work in a dry area or to be transferred to another site unless:
(i) the rain stops; or
(ii) a covered walkway has been provided; or
(iii) the sheds are under cover and the Employees can get to the dry area without going through the rain; or
(iv) the distance to walk to the dry area is no more than 50m (or further where agreed by the Parties) in circumstances where the amenities are temporarily located outside of the site boundary, and it is not possible to provide covered walkways. It is acknowledged that some Projects have unique circumstances e.g. council restrictions, health and safety considerations etc. that mean that it is not possible to locate the amenities within the site boundaries for a period of time. On these Projects the parties will consult at a senior level to determine the appropriate temporary measure. It is not the intent of this clause that Employees walk in the rain in all circumstances. Where an Employer seeks to use this provision due to the nature of a Project, they will consult with the parties as to the operation of this clause and determine an appropriate definition of “drenched”. If there is a potential for the Employee to get “drenched” they will not be required to walk to the Workfront Senior levels of the union and the Employer will be involved in the implementation of this clause. This clause only applies to projects within the Melbourne CBD as bounded by Spring Street, Victoria Street, ▇▇▇▇▇▇▇ Street and Flinders Street; or
(v) Adequate protection is provided. Protection shall, where necessary, be provided for the Employees’ tools.
(vi) In the case of mechanical plant operators carrying out early works as the principal activity or mechanical plant demolition on a site and they have a dry cabin to work from and they can safely access their cabin without getting “drenched”, they will return to work so long as the work itself is safe to perform. The Employer will ensure that other necessary personnel are provided to ensure safety of the workforce and the public.
(b) In this clause, a dry area shall mean a work location that has not become saturated by rain or where Employees would not become wet.
If You Withdraw Before Approval If you or any co-applicant withdraws an Application or notifies us that you’ve changed your mind about the unit, we’ll be entitled to retain all application deposits as liquidated damage, and the parties then have no further obligation to each other.
Tax Periods Beginning Before and Ending After the Closing Date The Company or the Purchaser shall prepare or cause to be prepared and file or cause to be filed any Returns of the Company for Tax periods that begin before the Closing Date and end after the Closing Date. To the extent such Taxes are not fully reserved for in the Company’s financial statements, the Sellers shall pay to the Company an amount equal to the unreserved portion of such Taxes that relates to the portion of the Tax period ending on the Closing Date. Such payment, if any, shall be paid by the Sellers within fifteen (15) days after receipt of written notice from the Company or the Purchaser that such Taxes were paid by the Company or the Purchaser for a period beginning prior to the Closing Date. For purposes of this Section, in the case of any Taxes that are imposed on a periodic basis and are payable for a Taxable period that includes (but does not end on) the Closing Date, the portion of such Tax that relates to the portion of such Tax period ending on the Closing Date shall (i) in the case of any Taxes other than Taxes based upon or related to income or receipts, be deemed to be the amount of such Tax for the entire Tax period multiplied by a fraction the numerator of which is the number of days in the Tax period ending on the Closing Date and the denominator of which is the number of days in the entire Tax period (the “Pro Rata Amount”), and (ii) in the case of any Tax based upon or related to income or receipts, be deemed equal to the amount that would be payable if the relevant Tax period ended on the Closing Date. The Sellers shall pay to the Company with the payment of any taxes due hereunder, the Sellers’ Pro Rata Amount of the costs and expenses incurred by the Purchaser or the Company in the preparation and filing of the Tax Returns. Any net operating losses or credits relating to a Tax period that begins before and ends after the Closing Date shall be taken into account as though the relevant Tax period ended on the Closing Date. All determinations necessary to give effect to the foregoing allocations shall be made in a reasonable manner as agreed to by the parties.
Starting Time is the time that employees present themselves at their work- station and not the time that employees are in the amenities or in the car park.
Discussions Before Termination (a) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone and this is not due to the ordinary and customary turnover of labour and that decision may lead to termination of employment, the employer shall hold discussions with the employees directly affected and with his/her union, where applicable.
(b) The discussion shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provisions of paragraph (a) of this subclause and shall cover among other things, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to minimise any adverse affect of any terminations on the employees concerned. The employer will confirm the content of these discussions in writing.