Incorporation of award terms. 9.1 This Agreement incorporates the specified terms of the Metal, Engineering and Associated Industries Award 1998 - Part I - Metal, Engineering and Associated Industries Employees (“Award”) as in operation just before the making of this Agreement, provided that where there is any inconsistency between the express terms of the Agreement and the incorporated terms of the Award, the Agreement’s terms prevail to the extent of the inconsistency. In this Agreement references to the Award shall mean the Award as incorporated into this Agreement unless the context requires otherwise. (Note: Long service leave is governed by clause 23 of this Agreement)
9.2 The “specified terms” for the purposes of 9.1, above, are those Award terms set out below:
1.3 ANTI-DISCRIMINATION
Incorporation of award terms. 6.1 This agreement incorporates the specified terms of the Metal, Engineering and Associated Industries Award 1998 (“Award”) and the Metal, Engineering and Associated Industries Award 1998 - Part IV - Long Service Leave (“LSL Award” and together, “Awards”) as in operation just before the making of this agreement, provided that where there is any inconsistency between the express terms of the agreement and the incorporated terms of the Awards, the agreement’s terms prevail to the extent of the inconsistency. In this agreement references to the Award shall mean the Award as incorporated into this agreement unless the context requires otherwise.
6.2 The “specified terms” for the purposes of 7.1, above, are those Award terms set out below:
1.3 ANTI-DISCRIMINATION
Incorporation of award terms. (a) This Agreement incorporates the specified terms of the WA Building Trades (Construction) 1987 Notional Agreement Preserving State Awards (‘the award’) as in operation just before the making of this agreement, provided that where there is any inconsistency between the express terms of the agreement and the incorporated terms of the award, the terms of the agreement prevail to the extent of any inconsistency. In this agreement references to the award shall mean the award as incorporated into this agreement unless the context requires otherwise.
(b) The specified terms for the purposes of 6(a) above are those award terms set out below:
Incorporation of award terms. 7.1 This agreement incorporates the specified terms of the Metal, Engineering and Associated Industries Award 1998 - Part I - Metal, Engineering and Associated Industries Employees (“Award”); the Metal, Engineering and Associated Industries Award 1998 Part IV – Long Service Leave (“LSL Award”) and the Metal, Engineering and Associated Industries (Superannuation) Award 2000 (“Super award”) as in operation just before the making of this agreement, provided that where there is any inconsistency between the express terms of the agreement and the incorporated terms of these awards, the agreement’s terms prevail to the extent of the inconsistency. In this agreement references to the Award etc shall mean the awards as incorporated into this agreement unless the context requires otherwise. Moreover, after incorporating the various awards’ terms by reference into this agreement the incorporated terms are to be read as altered with the appropriate changes to make them provisions of an agreement rather than provisions of an award.
7.2 The “specified terms” for the purposes of 7.1, above, are those Award terms set out below:
1.3 ANTI-DISCRIMINATION
Incorporation of award terms. (a) This Agreement incorporates the specified terms of the Glass Industry – Glass Merchants & Glazing Contractors – Tasmania – Award 1997 (‘the Award’) as in operation just before the making of this agreement, provided that where there is any inconsistency between the express terms of the agreement and the incorporated terms of the award, the terms of the agreement prevail to the extent of any inconsistency. In this agreement references to the Award shall mean the Award as incorporated into this agreement unless the context requires otherwise.
(b) The specified terms for the purposes of 6(a) above are those award terms set out below:
Incorporation of award terms. 6.1. This Agreement incorporates the terms of the Manufacturing and Associated Industries and Occupations Award 2020 (Award), as varied from time to time.
6.2. Where there is any inconsistency between a term in this Agreement and a term in the Award referred to in 6.1 which have been incorporated, the term in this Agreement shall take precedence to the extent of the inconsistency.
6.3. In incorporating Award terms into this Agreement, they are to be read as altered to incorporate necessary changes resulting from them being provisions of this Agreement rather than provisions of the Award. For example, the words “this Award” would become “this Agreement”.
Incorporation of award terms. 7.1 This agreement incorporates the specified terms of the Metal, Engineering and Associated Industries Award 1998 (“Award”) and the Metal, Engineering and Associated Industries (Superannuation) Award 2000 (“Super Award”) and the Metal, Engineering and Associated Industries Award 1998 - Part IV - Long Service Leave (“LSL Award” and together, “Awards”) as in operation just before the making of this agreement, provided that where there is any inconsistency between the express terms of the agreement and the incorporated terms of the Awards, the agreement’s terms prevail to the extent of the inconsistency. In this agreement references to the Award shall mean the Award as incorporated into this agreement unless the context requires otherwise.
7.2 The “specified terms” for the purposes of 7.1, above, are those Award terms set out below:
1.3 ANTI-DISCRIMINATION
Incorporation of award terms. (a) Except as provided for in subclause 6(d) and clause 8, until 31 December 2009 this Agreement incorporates the terms of the Metal, Engineering and Associated Industries Award 1998 and the Metal, Engineering and Associated Industries (Superannuation) Award 2000 as varied from time to time.
(b) From 1 January 2010, this agreement incorporates the terms of the Manufacturing and Associated Industries and Occupations Award 2010, as varied from time to time.
(c) Where there is any inconsistency between a term in this Agreement and a term in the awards referred to in 6(a) and 6(b) which have been incorporated, the term in this Agreement shall take precedence to the extent of the inconsistency. In incorporating award terms into this Agreement they are to be read as altered to incorporate necessary changes resulting from them being provisions of an Agreement rather than provisions of an award. For example, the words “this award” would become “this Agreement”.
(d) Under the Workplace Relations Act it is an offence to include “prohibited content” in an enterprise agreement. The following clauses of the awards referred to in subclause 6(a) have been assessed by the Workplace Authority as containing or potentially containing prohibited content and are not terms of this enterprise agreement:
(i) Metal, Engineering and Associated Industries Award 1998 – Part I:
Incorporation of award terms. (a) Subject to subclause (b) and (e), this agreement incorporates the following term(s) of the notional agreement preserving state award that was binding on the employer just before this agreement was made: • All of the terms of the Metal, Engineering and Associated Industries (State) Award, which was the “original state award” that determined the terms and conditions of employment of one or more of the employees of the Employer immediately prior to the reform commencement.
(b) Where there is any inconsistency between the terms of this agreement and the terms of the notional agreement preserving state awards being incorporated into this agreement, this agreement shall take precedence to the extent of any inconsistency.
(c) Subclause (a) does not apply to any term of the notional agreement preserving state awards which is specified as prohibited content by government legislation or regulation, or which does not pertain to the relationship between the employer and employees subject to this agreement.
(d) Notwithstanding anything other provision in this clause, nothing in this clause incorporates any term dealing with Long Service Leave or Superannuation.
(e) For the remainder of this document, subclauses (a) and (b) above shall be referred to as “the incorporated terms”
(f) In this clause, the terms “reform commencement” and “original State award” are given the same meaning as in the Workplace Relations Act 1996.
(g) This Agreement will continue in force after its nominal expiry date pursuant to the Act and will not be terminated except when replaced by a new agreement.
Incorporation of award terms. (a) This Agreement incorporates the specified terms of the Glass Workers (State) Award (‘the Award’) as in operation just before the making of this agreement, provided that where there is any inconsistency between the express terms of the agreement and the incorporated terms of the award, the terms of the agreement prevail to the extent of any inconsistency. In this agreement references to the Award shall mean the Award as incorporated into this agreement unless the context requires otherwise.
(b) The specified terms for the purposes of 6(a) above are those award terms set out below:
