Common use of Exercise of entitlements under clause Clause in Contracts

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. 4344 (a) A workplace delegateWorkplace Delegate’s entitlements under clause 43 44 are subject to the conditions that the workplace delegate 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 CalvaryALDI, 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 ▇▇▇▇▇▇▇)work; 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 44 does not require Calvary ALDI to provide a workplace delegate Workplace Delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees. (dc) Clause 43 44 does not require an eligible employee to be represented by a workplace delegate Workplace Delegate without the employee’s agreement.. NOTE: Under section 350A of the Act, ALDI must not: (a) unreasonably fail or refuse to deal with a workplace delegateWorkplace Delegate; or (b) knowingly or recklessly make a false or misleading representation to a workplace delegateWorkplace Delegate; or (c) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate Workplace Delegate under the Act or clause 44. 45 Definitions For the purposes of this Agreement Act Fair Work Act 2009 as amended or replaced from time to time. Agreed Hours hours that are set by agreement between ALDI and each Salaried Employee. Anniversary Date the date 12 months from your commencement in your current role. Periods of extended unpaid leave are not included when calculating your Anniversary Date. Bankable Hourly Rate the base rate of pay for a classification, excluding any shift loadings, allowances or penalties. Banked Hours hours above or below Contract Hours that have accrued up to the date of commencement of operation of this Agreement. Positive Banked Hours can be used to reduce the number of Contract Hours worked in a Fortnight and are treated as authorised paid leave when calculating Contract Hours. Negative Banked Hours can be offset by working hours above Contract Hours in a Fortnight, until the Banked Hours balance is zero. Casual Employee a casual employee is an employee employed on a casual basis on commencement of employment in accordance with the terms and conditions of employment set out in Schedule 2 of this Agreement. Close Family Member for the purposes of compassionate leave, an employee’s spouse or de facto partner (including same−gender partner), parent, sibling, child, child lost due to miscarriage or stillbirth, including adoptive, ▇▇▇▇▇▇ and step−relations. Contract Hours hours that are set by agreement between ALDI and each Hourly Rate Employee. Contributing hours for Contract Hours calculations are all Hours Actually Worked, hours on authorised paid leave, unpaid leave and public holidays and Hours Actually Worked as overtime and on public holidays. Direct Leader has the meaning set out in PART 2 − 9.1 of this Agreement. Employee an Employee of ALDI who is covered by this Agreement. Extended Family Member for the purposes of compassionate leave, an employee’s former spouse or de facto partner (including same−gender partner), grandparent, grandchild, in−law, including adoptive, ▇▇▇▇▇▇ and step−relations. Fixed Roster Employee an Hourly Rate Employee who agrees with ALDI on the hours and days of the Week or Fortnight to be worked, in accordance with Schedule 2 of this Agreement. Flexible Employee an Hourly Rate Employee who is available to be rostered on any day in a Week for up to five (5) shifts in a Week. Flexible Employees may be rostered to work at any time on these days. Fortnight a full pay period which commences on Monday and ceases 14 days later, at the end of the Sunday shift of the following week, with payment for work performed in that fortnight to be processed within 4 days following the end of the fortnight, subject to PART 4 − clause 43.28 of this Agreement. Full-time Employee an Employee who works at least 38 hours per week plus reasonable additional hours. Full-time Ordinary Hours 38 hours per week. Hourly Rate Employee an Employee who is engaged by ALDI on an hourly rate of pay and Term Meaning not an annual salary. Hours Actually Worked authorised hours physically spent by the Employee in the workplace, excluding unpaid breaks. Household Member A person living at the same residential address as the Employee. Jandakot Region is defined in PART 1 − 5.2 of this Agreement. Job Description an outline of tasks and responsibilities and the areas in which the Employee is required to take action and make decisions independently. Junior Employee an employee aged under 18 years. Leave Day a day of authorised paid leave, paid in accordance with Schedules 1, 2, 3 and 4. Limited Roster Employee an Hourly Rate Employee who is not available to be rostered for up to five (5) shifts on any day in a Week, or who is not available to be rostered at any time on particular days. Limited Roster Employees nominate the days or hours on which they are available to work, and may be rostered to work on these days or during these hours. NES National Employment Standards in the Act. Notional Shift Hours based on agreed Contract Hours for Hourly Rate Employees, except Duty Store Managers: Contract Hours per Fortnight Notional Shift Hours 21 Contract Hours 5.5 hours 30 Contract Hours 5.5 hours 40 Contract Hours 5.5 hours 50 Contract Hours 5.5 hours 55 Contract Hours 6.0 hours 60 Contract Hours 6.5 hours 70 Contract Hours 7.25 hours 76 Contract Hours 8.0 hours 80 Contract Hours 9.75 hours 90 Contract Hours 9.75 hours 96 Contract Hours 10.0 hours Duty Store Manager (all contracts) 7.5 hours Office employee an employee principally employed to perform duties in an office environment, who performs work relevant to ALDI operations across multiple stores, DCs and/or Regions. Ordinary Hours all hours worked which are non−overtime hours including those hours which attract a shift loading and penalties. Ordinary Time Earnings all allowances, shift loadings and penalties associated with ordinary hours of work and authorised paid leave. It will exclude all overtime earnings. Part-Time Employee an Employee who works fewer than 38 hours per week on average and receives pro rata remuneration and leave entitlements. Personnel Leader has the meaning set out in PART 2 − clause 9.2 of this Agreement. Salaried Employee an Employee who is paid an annual salary and not an hourly rate of pay. Stand In Store Manager and Stand In Section Leader Employees who cover the Store Manager or Section Leader in their absence. Store retail premises operated by ALDI, where goods are provided to customers, including via online, click and collect and home delivery services. Store Employees an Employee engaged to work in a Store operated by ALDI including Store Managers, Assistant Store Managers, Duty Store Managers, and Store Assistants. Transport Employee an Employee engaged to work in the transport and distribution operations of ALDI including Section Leaders, Assistant Section Leaders, Transport Operators and Transport Drivers. Warehouse Employee an Employee engaged to work in a DC operated by ALDI including Section Leaders, Assistant Section Leaders, Warehouse Operators, Warehouse Mechanics, Warehouse Caretakers, Warehouse Checkers, Warehouse Labourers and Palletisers. Week Monday to Sunday. You a reference to “you” means a reference to any Employee covered by this Agreement. SCHEDULE 1 – Store Management Employees PART A- Operation of the Schedule 1 Application of this Schedule 1.1 This Schedule applies to all Store Employees engaged as Store Management Employees (“Store Management Employees”), specifically Store Managers,