Common use of PASS ON Clause in Contracts

PASS ON. a) TIASA agrees that the Employer may pass on to any of its allied kaimahi employed on individual employment agreements any of the terms of employment under negotiation, or that have been negotiated, for inclusion in the proposed new collective agreement, but only if the following conditions are met: i. A period of at least 6 months must have elapsed between the commencement date of this new collective agreement and the date that the terms, or any of them, are offered to any kaimahi covered by an individual employment agreement. A period of six months must also be observed from the effective date for any terms agreed to come into effect after the commencement date; ii. In the case of any such term which provides for an increase in salary, allowances, or any other aspect of kaimahi remuneration, the increase must not be backdated to any date before the date on which the offer is made to the person covered by the individual employment agreement iii. There has been prior consultation with TIASA before any pass on is offered pursuant to clause 4.6(a)(i) to allied kaimahi members on individual employment agreements save that no such consultation shall be required in the case of new kaimahi b) The Employer will on request made by TIASA at any time provide sufficient details in writing to enable TIASA to verify whether there has been compliance with this Clause c) The parties acknowledge that any breach of clause 4.6 will prima facie be a breach of the duty of good faith in s4 of the Employment Relations Act 2000 d) ‘Terms of employment’ includes any terms reached in bargaining for the new collective agreement with the exception of any term that is required by law (such as for example an employee protection provision) and ‘reached’ has the same meaning as in s59A of the Act e) Nothing in the foregoing will prevent TIASA and the Employer from agreeing that any specified provision(s) of the new collective agreement will supersede any part of this Clause