National Employment Standards (NES. 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 (NES.
43.1 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 ease of the parties.
43.2 Where the Standard 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.
43.3 The minimum guarantees provided by the Standard will override less favourable provisions in this Agreement.
National Employment Standards (NES. This is a new clause stating the National Employment Standards (NES) prevails across the new Agreement. The NES sets the minimum entitlements under the Fair Work Act. This clause was previously the Table of Contents (titled “Arrangements”). The Table of Contents has been moved to the front of the new Agreement.
National Employment Standards (NES. 6.1 The NES are a set of minimum employment entitlements set out in the Act. As a matter of law the NES:
(a) apply to employees covered by this Agreement, except where this Agreement provides a more favourable outcome; and
(b) prevail over any term of this Agreement to the extent that the effect of the term is detrimental to an employee, in any respect, when compared to an entitlement of the employee under the NES.
6.2 Subject to clause 6.1(a), when this Agreement refers to a condition of employment provided for in the NES, the NES definition applies.
National Employment Standards (NES. 1The NES contains the minimum conditions of employment for Employees covered by this Agreement. This Agreement will provide conditions which are equal to or more beneficial than the NES. If there is any inconsistency between this Agreement and the NES and the NES provides a greater benefit, the NES prevails to the extent of any inconsistency.
National Employment Standards (NES. This Agreement shall be read and interpreted in conjunction with the National Employment Standards (“NES”) provided that where there is any 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 (NES and this Agreement
National Employment Standards (NES. The National Employment Standards apply as a minimum entitlement and prevails over this Agreement to the extent of any inconsistency.
National Employment Standards (NES. 8.1 It is the intention of this Agreement that the NES, as it may be varied from time to time, shall apply to the employees who are 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.
8.2 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.
8.3 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.
8.4 Where after the commencement of this Agreement, the NES is varied to provide a condition or entitlement more 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.
8.5 Clauses 8.3 and 8.4 will not apply with respect to:
a) Schedule B – Pay, Other Rates and Allowances; and
b) Clause 20.7 – Paid Personal/Carer’s Leave.
National Employment Standards (NES. Notwithstanding the terms of this Agreement the NES will apply, as amended from time to time, as required by the Fair Work Xxx 0000, but only to the extent that a provision under the NES, so amended, becomes more beneficial than that provided for in this Agreement.
