BETTER OFF OVERALL. 6.1 Employees covered by this Agreement shall enjoy the terms and conditions of employment which, when taken overall, result in the Employees being better off overall than the terms and conditions of employment that would otherwise apply under the relevant Award.
BETTER OFF OVERALL. 1.4.1. The Parties to the Agreement acknowledge that an employee shall be better off overall through the making of this Agreement when taken as a total package. The Trust gives the commitment to uphold this principle.
BETTER OFF OVERALL. In order to ensure that Employees are better off overall, the Employer undertakes that:
BETTER OFF OVERALL. The Fair Work Act 2009 (Cth) requires that each of the employees to be covered by the agreement are better off overall than under the relevant modern award. It is the view of the Company and the Union bargaining agent/s that the employees to be covered by this agreement are better off overall than under the Award.
BETTER OFF OVERALL. This Agreement shall be read subject to the NES which shall have effect in accordance with the Act. For the purposes of applying the Better-off Overall test, the parties agree that the Mining Industry Award 2010 as amended as at the time of certification shall apply. The Company acknowledges that there is a dispute as to whether the Employees (or some of them) are eligible to be members of the Coal LSL portable long service scheme. If the dispute is resolved (including on appeal) on a basis that establishes that the Employees are eligible to be members of the scheme, consideration will be given as to whether the Mining Industry Award 2010 or the Black Coal Award 2020 shall apply in future.
