Casual Employment

Employer means The Employee named in the Signatories Clause of this Agreement NES National Employment Standards Workplace Law means an award, modern award (and any individual flexibility arrangement made under a modern award), industrial instrument, workplace agreement (and any individual flexibility arrangement made under an enterprise agreement), rule, order or legislative requirement which, but for this Agreement, would govern your employment.. 2.6 If the provisions of any Workplace Law requires the payment or grant to the Employee of any amount by or of wages, penalties, allowances, benefits, contributions, or any other entitlement whatsoever, whether financial or non-financial in nature, the same will, to the maximum extent permitted by law, be absorbed in and set off against the remuneration in this Agreement and the rates, entitlements and benefits set out in the job description and SAC that applies under this Agreement.. For the purposes of this clause, serious misconduct includes: (a) Wilful, or deliberate, behaviour by an Employee that is inconsistent with the continuation of employment, including: (i) (ii) (iii) (iv) (v) (vi) (b) theft fraud (including falsifying time records) assault attendance at the workplace under the affects of prohibited drugs or alcohol the Employee refusing to carry out the Employer’s lawful and reasonable instruction or the Employee not complying with the policies and procedures of the Employer or Client of the Employer or Conduct that causes imminent, and serious, risk to: (i) (ii) the health, or safety, of a person, including the Employee or the reputation, viability or profitability of the Employer’s business.. 6.4 If the Employee’s employment is deemed or found to be other than on a casual basis, the Employer may set off against all amounts or entitlements owing to the Employee as a result of such deeming or finding, the difference between the amount(s) paid to the Employee based on the Employee’s hourly rate together with a