Exclusion of protected Award conditions. Except as provided for in this Agreement, the terms and conditions of this Agreement expressly exclude the following protected Award conditions for the various Awards outlined in clause 2.3 above:
3.3.1 Penalty rates as applying to shift, weekend and public holidays;
3.3.2 Rest and meal break arrangements;
3.3.3 Working shift and overtime arrangements;
3.3.4 Leading hand supervisory allowance; meal and rest break arrangements,
3.3.5 First aid, clothing and transport allowances;
3.3.6 Travel time and fares allowance;
3.3.7 Annual leave loading; severance pay; jury service.
Exclusion of protected Award conditions. 6.1 It is hereby expressly provided that all the protected Award conditions, as defined in section 354 of the Act, from any Award that would otherwise be binding on the Employer and any Employees are expressly excluded, including all Award maters in relation to:
(a) Rest Breaks;
(b) Incentive-based payments and bonuses;
(c) Annual leave loadings;
(d) Public Holidays;
(e) Days substituted for public holidays;
(f) All monetary allowances for expenses, responsibilities, skills or disabilities associated with the performance of particular tasks, conditions or locations;
(g) Loadings for overtime or shift work;
(h) Penalty Rates; and
(i) Any other matter that may be specified in the Act as amended or replaced from time to time or the Workplace Relations Regulations 2006 (Cth) as amended or replaced from time to time (‘the Regulations’) to be a protected Award conditions as defined in section 354 of the Act.
Exclusion of protected Award conditions.
19.1. For the sake of being clear, this agreement and any letter of offer represents the entire agreement between you and us and expressly excludes all protected award conditions under Section 354 of the Workplace Relations Act (the ‘Act’) (as amended), including -
19.1.1. rest breaks;
19.1.2. incentive-based payments and bonuses;
19.1.3. annual leave loadings;
19.1.4. observance of days declared by or under a law of a State or Territory to be observed generally within that State or Territory, or a region of that State or Territory, as public holidays by employees who work in that State, Territory or region, and entitlements of employees to payment in respect of those days;
19.1.5. days to be substituted for, or a procedure for substituting, days referred to in the preceding sub-paragraph;
19.1.6. monetary allowances for –
(a) expenses incurred in the course of employment; or
(b) responsibilities or skills that are not taken into account in rates of pay for employees; or
(c) disabilities associated with the performance of particular tasks or work in particular conditions or locations;
19.1.7. loadings for working overtime or for shift work;
19.1.8. penalty rates;
19.1.9. outworker conditions;
19.1.10. any other matter specified in the Regulations to the Act.
Exclusion of protected Award conditions. Except as provided for in this Agreement, the wage rates have been increased to take into account the excluded award provisions below. The terms and conditions of this Agreement expressly exclude the following protected Award conditions for the Award outlined in clause 3.3 above:
4.5.1 Time and half additional penalty applicable on public holidays;
4.5.2 Show Day public holiday applicable under the Award is replaced by the anniversary of employees Birth Date;
4.5.3 Rest and meal break arrangements;
4.5.4 Working shift and overtime arrangements;
4.5.5 Shift and weekend penalty rates;
4.5.6 Proficiency pay arrangements;
4.5.7 Meal break, tool and first aid allowances;
4.5.8 Annual Leave loading;
4.5.9 Severance pay.
Exclusion of protected Award conditions. Except as provided for in this Agreement, the terms and conditions of this Agreement expressly exclude the following protected Award conditions of the Award outlined in clause 3.3 above:
4.5.1 Rest and meal break arrangements;
4.5.2 Proficiency payments;
4.5.3 Mixed functions, clothing, equipment, tool and first aid allowances;
Exclusion of protected Award conditions. 6.1 Without in any way limiting the operation and intention of this clause, any clause in any award that deals with any of the following matters (including incidental matters) is wholly excluded by this Agreement:
6.1.1 rest breaks;
6.1.2 incentive-based payments and bonuses
6.1.3 annual leave loadings
6.1.4 observance of days declared by or under a law of a State or Territory to be observed generally within that State or Territory, or a region of that State of Territory, as public holidays by employees who work in that State, Territory or region, and entitlements of employees to payment in respect of those days or substitute days;
6.1.5 monetary allowances for:
(i) expenses incurred in the course of employment; or
(ii) responsibilities or skills that are not taken into account in rates of pay for employees; or
6.1.6 disabilities associated with the performance of particular tasks or work in particular conditions or locations;
6.1.7 loadings for working overtime or for shift work;
6.1.8 penalty rates; and
6.1.9 any other protected Award conditions specified in the Workplace Relations Regulations 2006.
6.2 In this clause “award” includes a pre-reform Federal award, a rationalised or simplified Federal award, a preserved State agreement and a national agreement preserving a State award.
Exclusion of protected Award conditions. 3.2.1 The Agreement expressly excludes the following protected Award conditions, except to the extent they are provided for in this Agreement:
3.2.1.1 rest breaks;
3.2.1.2 incentive based payments and bonuses;
3.2.1.3 annual leave loadings;
3.2.1.4 observances of days declared by or under a law of a State or Territory to be observed generally within that State or Territory, or a region of that State or Territory, as public holidays by employees who work in that State, Territory or region, and entitlements of employees to payment in respect of those days;
3.2.1.5 days to be submitted for, or a procedure for substituting, days referred to in Clause 19 of this Agreement;
3.2.1.6 monetary allowances for:
Exclusion of protected Award conditions. It is hereby expressly provided that the entire protected Award conditions, as defined in Section 354 of the Act, from any Award that would otherwise be binding on CityWide and any Employees are expressly excluded, including all Award matters in relation to:
(a) Rest Breaks;
(b) Incentive-based payments and bonuses;
(c) Annual leave loadings;
(d) Public holidays;
(e) Days substituted for public holidays;
(f) All monetary allowances for expenses, responsibilities, skills, or disabilities associated with the performance of particular tasks, conditions or locations;
(g) Loadings for overtime or shift work;
(h) Penalty rates; and
(i) any other matter that may be specified in the Act as amended or replaced from time to time or the WR Regulations 2006 (Cth) as amended or replaced from time to time (to be a protected Award condition as defined in section 354 of the Act.
Exclusion of protected Award conditions. Except as provided for in this Agreement, the terms and conditions of this Agreement expressly exclude the following protected Award conditions of the Awards outlined in clause 1.3 above:
2.5.1 Payment arrangements and penalty rates for public holidays and the replacement of the Show Day / Melbourne Cup Day public holiday respectively with the associate’s birth date;
2.5.2 Rest and meal break arrangements;
2.5.3 Working shift and overtime arrangements;
2.5.4 Proficiency payments;
2.5.5 Shift, overtime and weekend penalty rates;
2.5.6 Meal break, tool and first aid, leading hand, tractor plant, curator allowances;
2.5.7 Annual Leave loading;
2.5.8 Severance pay.
Exclusion of protected Award conditions. This Agreement excludes and overrides all Protected Award Conditions including but not limited to:
(a) rest breaks;
(b) incentive based payments and bonuses;
(c) annual leave loadings;
(d) public holidays, substitute public holidays and penalty rates for public holidays;
(e) monetary allowances;
(f) shift work and overtime loadings;
(g) penalty rates;
(h) any terms that are incidental to the conditions referred to in (a) to (g); and
(i) any machinery provisions in relation to the conditions referred to in (a) to (g).
