Common use of Limited Exception Clause in Contracts

Limited Exception. aged care and rehabilitation units (a) The exception that applied to aged care and rehabilitation wards under clause 47.8 of the 2020 Agreement will continue to apply subject to the following: (i) If the Employer seeks to maintain the exception, notify the Central Implementation Committee in writing (at clause 80) by no later than 6 months from the Agreement coming into operation, following which it will be considered in accordance with subclause 47.8(b) below. (ii) If the Employer does not advise the Central Implementation Committee in writing within 6 months of the Agreement coming into operation, the exception ceases to have effect, and the limits on Short Shifts prescribed in clause 47 above will apply. (b) Where the Central Implementation Committee receives a notification under subclause 47.8(a)(ii), it will consider whether it supports the continuation of the exception taking into account all the circumstances including, but not limited to: (i) The preference of Employees in the relevant ▇▇▇▇/unit; (ii) The preference of Employees working short shifts; and (iii) The operational requirements of the Employer. (c) In the event that the Central Implementation Committee cannot reach a decision, the matter will be resolved in accordance with clause 14 (Statewide Industry Panel) on the basis of whether it is reasonable in all the circumstances for the existing exception to continue. Note: The exception at clause 47.8 applied only to aged care and rehabilitation units that, as of 31 March 2012, had Short Shift arrangements in place for more than two Short Shifts per day and, under the exception, could use up to three Short Shifts per ▇▇▇▇ or unit in any configuration over the AM and PM shifts.