Common use of Incapacity to pay Clause in Contracts

Incapacity to pay. (a) Subject to an application by the Employer and further order of the Fair Work Commission, an Employer may pay a lesser amount (or no amount) of severance pay than that contained in clause 11.8. (b) The Fair Work Commission shall have regard to such financial and other resources of the Employer concerned as the Fair Work Commission thinks relevant, and the probable effect paying the amount of severance pay in clause

Appears in 8 contracts

Sources: Independent Schools NSW (Professional and Operational Staff) Cooperative Multi Enterprise Agreement 2025, Independent Schools NSW (Professional and Operational Staff) Cooperative Multi Enterprise Agreement 2025, Independent Schools NSW (Professional and Operational Staff) Cooperative Multi Enterprise Agreement 2025

Incapacity to pay. (a) Subject to an application by the Employer employer and further order of the Fair Work Commission, an Employer employer may pay a lesser amount (or no amount) of severance pay than that contained in clause 11.8. subparagraphs (b1) and (2) of paragraph (a) of this subclause. The Fair Work Commission shall have regard to such financial and other resources of the Employer employer concerned as the Fair Work Commission thinks relevant, and the probable effect paying the amount of severance pay in clausethe said subclause (a) will have on the employer.

Appears in 3 contracts

Sources: Enterprise Agreement, Nurses Enterprise Agreement, Nurses & Midwives’ Enterprise Agreement 2015 – 2019

Incapacity to pay. (a) Subject to an application by the Employer and further order of the Fair Work Commission, an Employer may pay a lesser amount (or no amount) of severance pay than that contained in clause 11.8. (b) paragraph 23.5(a). The Fair Work Commission shall have regard to such financial and other resources of the Employer concerned as the Fair Work Commission thinks relevant, and the probable effect paying the amount of severance pay in clauseparagraph 23.5(a) will have on the Employer.

Appears in 3 contracts

Sources: Enterprise Agreement, Multi Enterprise Agreement, Multi Enterprise Agreement

Incapacity to pay. (ai) Subject to an application by the Employer and further order of the Fair Work Commission, an the Employer may pay a lesser amount (or no amount) of severance pay than that contained in clause 11.8paragraph 17.2 (k) Severance Pay. (bii) The Fair Work Commission shall have regard to such financial and other resources of the Employer concerned as the Fair Work Commission thinks relevant, and the probable effect paying the amount of severance pay in clauseparagraph 17.2 (k) Severance Pay above will have on the Employer.

Appears in 3 contracts

Sources: NSW Catholic Independent Schools (Teachers Model B) Multi Enterprise Agreement 2023, Multi Enterprise Agreement, Multi Enterprise Agreement

Incapacity to pay. (a) Subject to an application by the Employer and further order of the Fair Work Commission, an Employer may pay a lesser amount (or no amount) of severance pay than that contained in clause 11.8. (b) The Fair Work Commission shall have regard to such financial and other resources of the Employer concerned as the Fair Work Commission thinks relevant, and the probable effect paying the amount of severance pay in clauseclause 11.8 will have on the Employer.

Appears in 2 contracts

Sources: Multi Enterprise Agreement, Multi Enterprise Agreement

Incapacity to pay. (a) Subject to an application by the Employer and further order of the Fair Work Commission, an the Employer may pay a lesser amount (or no amount) of severance pay than that contained in clause 11.8. (b) The Fair Work Commission shall have regard to such financial and other resources of the Employer concerned as the Fair Work Commission thinks relevant, and the probable effect paying the amount of severance pay in clause

Appears in 1 contract

Sources: Professional and Operational Staff Agreement

Incapacity to pay. (a) Subject to an application by the Employer employer and further order of the Fair Work Commission, an Employer may pay a lesser amount (or no amount) of severance pay than that contained in clause 11.8subclause 15.7 (a). (b) The Fair Work Commission shall have regard to such financial and other resources of the Employer concerned as the Fair Work Commission thinks relevant, and the probable effect paying the amount of severance pay in clausesubclause 15.7 (a) above will have on the Employer.

Appears in 1 contract

Sources: Staff Agreement

Incapacity to pay. (a) i. Subject to an application by the Employer and further order of the Fair Work Commission, an the Employer may pay a lesser amount (or no amount) of severance pay than that contained in clause 11.8this clause. (b) ii. The Fair Work Commission shall have regard to such financial and other resources of the Employer concerned as the Fair Work Commission thinks relevant, and the probable effect paying the amount of severance pay contained in clausethis Agreement will have on the Employer.

Appears in 1 contract

Sources: Enterprise Agreement