Common use of Exemption criteria Clause in Contracts

Exemption criteria. The District Committee and National Exemptions Committee, when considering an application, must take into account the following criteria (the order not indicating any form of priority): (a) any written and/or verbal substantiation provided by the applicant; (b) fairness to the employer, its employees and other employers and the employees in the industry; (c) whether an exemption, if granted, would undermine this Agreement or the collective bargaining process; (d) whether it will make a material difference to the viability of a new business, or a business previously outside the jurisdiction of the Council; (e) unexpected economic hardship occurring during the currency of the Agreement, and job creation and/or loss thereof. (f) the infringement of basic conditions of employment rights; (g) the fact that a competitive advantage might be created by the exemption; (h) comparable benefits or provisions where applicable; (i) the applicant’s compliance with other statutory requirements such as the Occupational Injuries and Diseases Act or Unemployment Insurance; or (j) any other factor which is considered appropriate.