Exercise of entitlements under clause Clause Samples
The 'Exercise of entitlements under clause' provision defines how a party may make use of specific rights or benefits granted to them within the agreement. Typically, this clause outlines the procedures or requirements for a party to notify the other party, submit documentation, or fulfill certain conditions before exercising their entitlements. For example, it may specify timelines for making a claim or the form in which a request must be submitted. The core function of this clause is to ensure that the process for exercising contractual rights is clear and orderly, reducing the risk of disputes or misunderstandings between the parties.
Exercise of entitlements under clause. 10
(a) A workplace delegate’s entitlements under clause 10 are subject to the conditions that the workplace delegate must, when exercising those entitlements:
(i) comply with their duties and obligations as an employee;
(ii) comply with the reasonable policies and procedures of the employer, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;
(iii) not hinder, obstruct or prevent the normal performance of work; and
(iv) not hinder, obstruct or prevent eligible employees exercising their rights to freedom of association.
(b) Clause 10 does not require the employer to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees.
(c) Clause 10 does not require an eligible employee to be represented by a workplace delegate without the employee’s agreement. Note: Under section 350A of the Act, the employer must not:
(a) unreasonably fail or refuse to deal with a workplace delegate; or
(b) knowingly or recklessly make a false or misleading representation to a workplace delegate; or
(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the Act or clause 10.
Exercise of entitlements under clause. 9
(i) A workplace delegate’s entitlements under clause 9 are subject to the conditions that the workplace delegate must, when exercising those entitlements:
(A) comply with their duties and obligations as an employee;
(B) comply with the reasonable policies and procedures of the employer, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;
(C) not hinder, obstruct or prevent the normal performance of work; and
(D) not hinder, obstruct or prevent eligible employees exercising their rights to freedom of association.
(ii) Clause 9 does not require the employer to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees.
(iii) Clause 9 does not require an eligible employee to be represented by a workplace delegate without the employee’s agreement.
Exercise of entitlements under clause. 22
(a) A workplace delegate’s entitlements under Clauses 22.8 to 22.10 are subject to the conditions that the workplace delegate must:
(i) comply with their duties and obligations as an employee;
(ii) comply with the reasonable policies and procedures of the employer, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;
(iii) not hinder, obstruct or prevent the normal performance of work; and
(iv) not hinder, obstruct or prevent employees exercising their rights to freedom of association.
(b) Clause 22 does not require the employer to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees.
(c) Clause 22 does not require an eligible employee to be represented by a workplace delegate without the employee’s agreement. Note 1: Note 2: Under Section 350A of the Act, the employer must not:
(a) unreasonably fail or refuse to deal with a workplace delegate; or
(b) knowingly or recklessly make a false or misleading representation to a workplace delegate; or
(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the Act or Clause 22. Under Section 350C(4) of the Act, the employer is taken to have afforded a workplace delegate the rights mentioned in Section 350C(3) if the employer has complied with Clause 22. Salary Levels Current (as at June 2024) As at 01 July 2024 As at 01 July 2025 As at 01 July 2026 Level Point Salary Hourly Rate Casual Rate Salary Hourly Rate Casual Rate Salary Hourly Rate Casual Rate Salary Hourly Rate Casual Rate 25% 4.00% 25% 3.00% 25% 2.00% 25% 3 1 $ 62,342.53 $ 33.07283 $ 41.34104 $ 64,836.23 $ 34.39586 $ 42.99483 $ 66,781.32 $ 35.42786 $ 44.28483 $ 68,116.94 $ 36.13628 $ 45.17035 3 2 $ 64,567.57 $ 34.25324 $ 42.81655 $ 67,150.27 $ 35.62345 $ 44.52931 $ 69,164.78 $ 36.69214 $ 45.86518 $ 70,548.08 $ 37.42593 $ 46.78241 3 3 $ 66,667.83 $ 35.36745 $ 44.20931 $ 69,334.54 $ 36.78234 $ 45.97793 $ 71,414.58 $ 37.88579 $ 47.35724 $ 72,842.87 $ 38.64331 $ 48.30414 3 4 $ 68,872.06 $ 36.53683 $ 45.67104 $ 71,626.94 $ 37.99834 $ 47.49793 $ 73,775.75 $ 39.13821 $ 48.92276 $ 75,251.27 $ 39.92110 $ 49.90138 4 1 $ 69,475.12 $ 36.85683 $ 46.07104 $ 72,254.12 $ 38.33103 $ 47.91379 $ 74,421.75 $ 39.48110 $ 49.35138 $ 75,910.18 $ 40.27062 $ 50.33828 4 2 $ 71,949.69 $ 38.16966 $ 47.71208 $ 74,827.68 $ 39.69628 $ 49.62035 $ 77,072.51 $ ...
Exercise of entitlements under clause. 43
(a) A workplace delegate’s entitlements under clause 43 are subject to the conditions that the workplace delegate must, when exercising those entitlements:
(i) comply with their duties and obligations as an employee. This includes, but is not limited to:
A. taking only the required amount of working time that is reasonably required to exercise the entitlements under clause 40; and
B. prioritising any action that is required to maintain client care, health or safety.
(ii) comply with the reasonable policies and procedures of Calvary, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;
(iii) not hinder, obstruct or prevent the normal performance of work without permission from the relevant manager (as identified by ▇▇▇▇▇▇▇); and
(iv) not hinder, obstruct or prevent eligible employees exercising their rights to freedom of association.
(b) In the exercising of their entitlements under clause 43 an employee will be entitled to payment:
(i) during their working hours as set by Calvary in accordance with the remainder of this Agreement (unless the Fair Work Act or this Agreement otherwise disentitles an employee to payment on other grounds); and
(ii) in the event of the workplace delegate attending meetings with management for the purpose of negotiating a replacement to this enterprise agreement outside of their ordinary working hours, ▇▇▇▇▇▇▇ will pay an allowance equal to duration of the meeting paid at the workplace delegate’s ordinary rate of pay. This allowance will not contribute towards the calculation of overtime for any purposes.
(c) Clause 43 does not require Calvary to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees.
(d) Clause 43 does not require an eligible employee to be represented by a workplace delegate without the employee’s agreement.
(a) unreasonably fail or refuse to deal with a workplace delegate; or
(b) knowingly or recklessly make a false or misleading representation to a workplace delegate; or
(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the Fair Work Act or clause 43.
Exercise of entitlements under clause. 1
(i) A workplace delegate’s entitlements under clauses (e) to (g) are subject to the conditions that the workplace delegate must:
Exercise of entitlements under clause. 39
(a) A workplace delegate’s entitlements under clauses 39 are subject to the conditions that the workplace delegate must, when exercising those entitlements:
(i) comply with their duties and obligations as an employee;
(ii) comply with the reasonable policies and procedures of the School, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;
(iii) not hinder, obstruct, or prevent the normal performance of work; and
(iv) not hinder, obstruct, or prevent employees exercising their rights to freedom of association.
(b) Clause 39 does not require the School to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees.
(c) Clause 39 does not require an eligible employee to be represented by a workplace delegate without the employee’s agreement. NOTE 1: Under section 350A of the Act, the School must not:
a. unreasonably fail or refuse to deal with a workplace delegate; or
b. knowingly or recklessly make a false or misleading representation to a workplace delegate; or
c. unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the Act or clause 39. NOTE 2: Under section 350C(4) of the Act, the School is taken to have afforded a workplace delegate the rights mentioned in section 350C(3) if the School has complied with clause 39.
Exercise of entitlements under clause. 55
(a) A workplace delegate’s entitlements under clause 55 are subject to the conditions that the workplace delegate must, when exercising those entitlements:
(i) comply with their duties and obligations as an employee;
(ii) comply with the reasonable policies and procedures of the employer, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;
(iii) not hinder, obstruct or prevent the normal performance of work; and
(iv) not hinder, obstruct or prevent eligible employees exercising their rights to freedom of association.
(b) Clause 55 does not require the employer to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees.
(c) Clause 55 does not require an eligible employee to be represented by a workplace delegate without the employee’s agreement. NOTE: Under section 350A of the Act, the employer must not:
(a) unreasonably fail or refuse to deal with a workplace delegate; or
(b) knowingly or recklessly make a false or misleading representation to a workplace delegate; or
(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the Act or clause 55. DATED this day of 2024 Signature Print Name Position I declare that I am authorised to sign this Agreement on behalf of the Employer. ▇▇▇/▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, PORT MACQUARIE, NSW, 2444 DATED this day of 2024 Witness Signature Print Name Position ▇▇▇/▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ , PORT MACQUARIE , NSW , 2444 DATED this day of 2024 I declare that I am an Employee of St ▇▇▇▇▇’ Care and Lifestyle and that my employment will be covered by the terms of the St ▇▇▇▇▇’ Care and Lifestyle, NSWNMA, and ▇▇▇ NSW Enterprise Agreement 2023. . Signature Print Name Position ▇▇▇/▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, PORT MACQUARIE, NSW, 2444 DATED this day of 2024 Witness Signature Print Name Position ▇▇▇/▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, PORT MACQUARIE, NSW, 2444 Higher Levels are expected to perform work at a lower level as required from time to time. All qualifications must be directly relevant to the role performed. This Schedule contains the following employment classifications and definitions: Unless otherwise specified, progression for all classifications for which there is more than one pay point will be: • For full time employees, by an annual movement to the next higher pay point; and, • For part time and casual employees, at 1200 hours of expe...
Exercise of entitlements under clause. 33 a) A workplace delegate’s entitlements under Clause 33 are subject to the conditions that the workplace delegate must, when exercising those entitlements:
(i) Comply with their duties and obligations as an Employee
(ii) Comply with the reasonable policies and procedures of the Employer, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of IT resources
(iii) Not hinder, obstruct or prevent the normal performance of work
(iv) Not hinder, obstruct or prevent eligible Employees exercising their rights to freedom of association.
Exercise of entitlements under clause. 24
(a) A workplace delegate’s entitlements under this clause 24 are subject to the conditions that the workplace delegate must, when exercising those entitlements:
(i) comply with their duties and obligations as an Employee;
(ii) comply with the reasonable policies and procedures of the Company, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;
(iii) not hinder, obstruct or prevent the normal performance of work; and
(iv) not hinder, obstruct or prevent eligible Employees exercising their rights to freedom of association.
(b) Clause 24 does not require the Company to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible Employees.
(c) Clause 24 does not require an eligible Employee to be represented by a workplace delegate without the employee’s agreement.
Exercise of entitlements under clause. 21
(a) A Workplace Delegate’s entitlements under Clause 21 are subject to the conditions that the Workplace Delegate must, when exercising those entitlements:
(i) comply with their duties and obligations as an Employee;
(ii) comply with the reasonable policies and procedures of the Employer, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;
(iii) not hinder, obstruct, or prevent the normal performance of work; and
(iv) not hinder, obstruct, or prevent eligible employees exercising their rights to freedom of association.
(b) Clause 21 does not require the Employer to provide a Workplace Delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees.
(c) Clause 21 does not require an Eligible Employee to be represented by a Workplace Delegate without the employee’s agreement.