He said the SDA would continue to seek a new enterprise agreement, but called the company`s announcement «another example of why the rules governing collective bargaining in the workplace in Australia are being broken.» 5.2.4. When a question arises as to whether, for a period of time, the Board of Directors is handicapped by an illness, injury, accident or physical or psychological condition in order to be unability to perform its duties and duties as Chief Executive Officer, management may, at the request of the company, undergo a medical examination by a physician chosen by the company when the management or its properly appointed guardian , if any, there are no reasonable objections to determining whether the executive is so disabled and such a provision is relevant to the purposes of this agreement, subject to any requirements in Section 409A, if any. If such a question arises and the executive does not abstain from this medical visit, the decision of the executive committee binds the executive. In the event that the executive`s employment on the grounds of disability is terminated in accordance with this subsection 5.2, the executive has the right to retain all outstandings granted under the action plan, in accordance with the terms of the inventory plan and the applicable arbitration agreement, as well as the remuneration indicated in Section 5.4, provided that the executive is not entitled to dual benefits between subsections 5.2 and 5.4. Mr. Dwyer stated that while the agreement had provided a good set of above-average conditions on wages and bonus conditions, it was above all a solid basis for future profits for Domino`s workers. 9. The implementation of alliances. The Executive acknowledges that it has carefully read and reviewed all the terms of this Agreement, including, but not only, the restrictions imposed on it under paragraphs 7 and 8 of this Agreement. The Executive agrees that these restrictions are necessary to ensure adequate and adequate protection of the company and its related companies and that each of the restrictions on the object of thought, duration and geographical area is appropriate. The Executive also recognizes that the harm done to the company and its related businesses could be irreparable if it were breached of one of the agreements or agreements in Sections 7 or 8. Therefore, management agrees that the company and its related companies are entitled, in addition to any other recourse to its disposal, to injunctions against any violation or threat of violation by the executive of any of the above agreements or agreements, without having to defer the loan.
The parties also agree that if a provision in Section 7 or 8 of this section is considered unenforceable by a competent court because of its extension over too long, too large a geographical area, or too many activities to allow them to be carried out to the extent permitted by law. «If the group had been successful in implementing an enterprise agreement, it could have given it additional flexibility at work, as well as for franchisees.» «It would have been extremely embarrassing for Domino and the SDA to reach another agreement that made the workers of the Fair Labour Commission less well off,» Cullinan said.