NATIONAL EMPLOYMENT STANDARDS. This Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between this agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.
NATIONAL EMPLOYMENT STANDARDS. 9.1 It is the intention of this Agreement that the NES, as it may be varied from time to time, shall apply to the employees the subject of this Agreement. Any provisions of the NES that are also referred to or set out in this Agreement are for the convenience only of the parties.
9.2 Where the NES provides, or is varied to provide, a condition or entitlement more favourable (to the employee) in a particular respect than that set out in this Agreement, the condition or entitlement set out in this Agreement shall be overridden to the extent that it is less favourable than the NES.
9.3 Where after the commencement of this Agreement, the NES is varied to remove a condition or entitlement referred to or set out in this Agreement, the condition or entitlement referred to or set out in this Agreement shall have no effect.
9.4 Where after the commencement of this Agreement, the NES is varied to provide a condition or entitlement less favourable (to the employee) in a particular respect than that referred to or set out in this Agreement, the condition or entitlement referred to or set out in this Agreement shall be overridden to the extent that it is more favourable than the NES as varied.
9.5 Clauses 9.3 and 9.4 will not apply with respect to:
(a) Schedule B - Pay, Other Rates and Allowances; and
(b) Clause 23.3 - Paid Personal/Carer’s Leave.
NATIONAL EMPLOYMENT STANDARDS. 49.1 It is the intention of this Agreement that the NES, as it may be varied from time to time, shall apply to the employees covered by this Agreement. Any provisions of the NES that are also referred to or set out in this Agreement are for the ease of the parties.
49.2 Where the NES provides, or is varied to provide, a condition or entitlement more favourable to the employee in a particular respect than that set out in this Agreement, the better entitlement will apply
49.3 The minimum guarantees provided by the NES will override less favourable provisions in this Agreement.
NATIONAL EMPLOYMENT STANDARDS. 8.1 The NES and the Agreement contain the minimum conditions of employment for Employees covered by this Agreement.
8.2 The NES applies to Employees covered by the Agreement except where the Agreement provides a greater condition or entitlement whereby the Agreement will prevail to the extent that is it more favourable than the NES.
NATIONAL EMPLOYMENT STANDARDS. Should any term of this agreement be less favourable to the Executive than the National Employment Standards, the latter will prevail over the term to the extent that the term is less favourable.
NATIONAL EMPLOYMENT STANDARDS. Nothing in this Agreement reduces the entitlements available to an employee under the National Employment Standards.
NATIONAL EMPLOYMENT STANDARDS. The provisions of this Agreement are to be read in conjunction with the National Employment Standards to the extent that if this Agreement provides a lesser entitlement than the National Employment Standards, the National Employment Standards will apply.
NATIONAL EMPLOYMENT STANDARDS. The provisions of this Agreement are to be read in conjunction with the National Employment Standards (NES) to the extent that if this Agreement provides a lesser entitlement than the NES, the NES will apply.
NATIONAL EMPLOYMENT STANDARDS. 9.1 Where this Agreement provides an employee with an entitlement of any kind also provided by the Act, the Agreement (to the extent it is more beneficial) supplements and absorbs the NES entitlement, but does not provide a double benefit.
9.2 Where after the commencement of this Agreement, the NES is varied to remove a condition or entitlement referred to or set out in this Agreement, the condition or entitlement referred to or set out in this Agreement shall have no effect.
9.3 Any provision in this Agreement that (for any reason) is, or becomes, inconsistent with the Act or the NES has no effect to the extent of the inconsistency unless the provision in this Agreement is more beneficial to the employee.
NATIONAL EMPLOYMENT STANDARDS. Nothing in this Agreement will operate to provide a less favourable outcome for Employees in a particular respect than that provided by the National Employment Standards.