ON-GOING EFFECT OF THE AWARD. (a) Just before this workplace agreement was made, the Metal, Engineering and Associated Industries Award 1998 Part 1, 1998, the Metal, Engineering and Associated Industries Award 1998 (Part IV) - Long Service Leave and the Metal, Engineering and Associated Industries (Superannuation) Award 2000 regulated terms and conditions of employment of persons subject to this agreement. Therefore, the Workplace Relations Act permits this agreement to incorporate by reference terms from these Awards. The Superannuation and Long Service Leave provisions are specifically incorporated by reference, with amendments, by virtue of individual clauses of this agreement. Otherwise, this agreement replaces the awards which cease to apply once this agreement is in operation.
(b) There may be one or more provisions of the awards specifically incorporated into this agreement. These provisions and any other reference to the awards are to be taken to refer to the content of the awards or the provision as it was just before this agreement is made.
(c) In incorporating award terms by reference 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.
(d) Where there is any inconsistency between a provision in this workplace agreement and a term of the award which has been incorporated by reference, the term of this agreement will take precedence to the extent of the inconsistency.
(e) The parties have not identified any award term that was in operation at the date when this agreement came into operation which would constitute “prohibited content” under subdivision B, Division 7, Part 8, Chapter 2 of the Workplace Regulations 2006. However, if any such term exists, it is not incorporated by reference into this agreement.
ON-GOING EFFECT OF THE AWARD. (a) Just before this workplace agreement was made, the Rubber, Plastic and Cablemaking – General - Award 1998 regulated terms and conditions of employment of persons subject to this agreement. Therefore, the Workplace Relations Act permits this agreement to incorporate by reference terms from this Award. This agreement replaces the award which ceases to apply once this agreement is in operation.
(b) There may be one or more provisions of the award specifically incorporated into this agreement. These provisions and any other reference to the award are to be taken to refer to the content of the award or the provision as it was just before this agreement is made.
(c) In incorporating award terms by reference 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.
(d) Where there is any inconsistency between a provision in this workplace agreement and a term of the award which has been incorporated by reference, the term of this agreement will take precedence to the extent of the inconsistency.
ON-GOING EFFECT OF THE AWARD. (a) Just before this workplace agreement was made, the Metal, Engineering and Associated Industries Award 1998 Part 1, 1998, the Metal, Engineering and Associated Industries Award 1998 (Part IV) - Long Service Leave and the Metal, Engineering and Associated Industries (Superannuation) Award 2000 regulated terms and conditions of employment of persons subject to this Agreement. This Agreement replaces the Awards which cease to apply once this Agreement is in operation.
ON-GOING EFFECT OF THE AWARD. (a) Just before this workplace agreement was made, the Metal, Engineering and Associated Industries Award 1998 Part 1, 1998, the Metal, Engineering and Associated Industries Award 1998 (Part IV) - Long Service Leave and the Metal, Engineering and Associated Industries (Superannuation) Award 2000 regulated terms and conditions of employment of persons subject to this agreement. Appropriate parts of these are included in Appendix A which is part of this agreement.
(b) Where there is any inconsistency between a provision in this workplace agreement and a term of Appendix A, the term of this agreement will take precedence to the extent of the inconsistency.
(c) The parties have not identified any award term that was in operation at the date when this agreement came into operation which would constitute “prohibited content” under subdivision B, Division 7, Part 8, Chapter 2 of the Workplace Regulations 2006. However, if any such award term exists, it is not incorporated by reference into this agreement.
ON-GOING EFFECT OF THE AWARD. (a) Just before this workplace agreement was made, the Rubber, Plastic and Cablemaking – General - Award 1998 and the Cement and Concrete Products Award 2000 regulated terms and conditions of employment of persons subject to this agreement. This agreement replaces these awards which cease to apply once this agreement is in operation.
(b) The parties have not identified any award term that was in operation at the date when this agreement came into operation which would constitute “prohibited content” under subdivision B, Division 7, Part 8, Chapter 2 of the Workplace Regulations 2006. However, if any such award term exists, it is not incorporated by reference into this agreement.
ON-GOING EFFECT OF THE AWARD. 6.1 Just before this workplace agreement was made, the Metal, Engineering and Associated Industries Award 1998 Part 1, 1998 regulated terms and conditions of employment of persons subject to this agreement. This agreement replaces the award which ceases to apply once this agreement is in operation.
6.2 The parties have not identified any award term that was in operation at the date when this agreement came into operation which would constitute “prohibited content” under subdivision B, Division 7, Part 8, Chapter 2 of the Workplace Regulations 2006. However, if any such term exists, it is not incorporated by reference into this agreement.
ON-GOING EFFECT OF THE AWARD. Just before this workplace agreement was made, the Quarry Industry - Victoria - Award 2000 regulated terms and conditions of employment of persons subject to this Agreement. On registration of this Agreement, the award will cease to have any effect.
ON-GOING EFFECT OF THE AWARD. 5.1 Subject to this clause, this Agreement incorporates by reference the terms of the Metal, Engineering and Associated Industries Award 1998 Part 1 and Part IV - Long Service Leave (“Award”) and the Metal, Engineering and Associated Industries (Superannuation) Award 2000 (“Superannuation Award”) as in operation just before this agreement was made (the “incorporated award terms”).
5.2 Clauses 2.2.2(c)(ii), 2.2.5, 3.1.2, 3.2.1(b), 3.2.5, 5.1.3(c)(ii), 5.1.3(g), 5.1.3(d), 5.1.3(e), 7.1.6(b), 7.4.10(d), 7.5.3 and 7.5.5 of the Award and clause 10.1.2 of the Superannuation Award have been assessed by the OEA as containing, or potentially containing, prohibited content and are therefore not incorporated by reference into this Agreement.
5.3 Clause 4.2.3(b) of the Award has been assessed by the Department of Employment and Workplace Relations as inconsistent with the National Code of Practice for the Construction Industry and Implementation Guidelines and is therefore not incorporated by reference into this Agreement.
5.4 In incorporating award terms by reference into this agreement they are to be read as altered to incorporate any necessary changes resulting from them being provisions of an agreement rather than provisions of an award.
5.5 Except as outlined above, the parties have not identified any award term that was in operation just before this agreement was made which would constitute “prohibited content” under the Workplace Relations Act 1996 (Act). However, if any such award term exists, it is not incorporated into this agreement.
5.6 Where there is any inconsistency between a provision in this Agreement and an incorporated award provision, the provision in this agreement shall prevail to the extent of any inconsistency.
ON-GOING EFFECT OF THE AWARD. (a) Just before this workplace agreement was made, the Metal, Engineering and Associated Industries Award 1998 Part 1, 1998, the Metal, Engineering and Associated Industries Award 1998 - Long Service Leave Award and the Metal, Engineering and Associated Industries (Superannuation) Award 2000 regulated terms and conditions of employment of persons subject to this agreement. This agreement replaces the awards which cease to apply once this agreement is in operation.
(b) The parties have not identified any award term that was in operation at the date when this agreement came into operation which would constitute “prohibited content” under subdivision B, Division 7, Part 8, Chapter 2 of the Workplace Regulations 2006. However, if any such term exists, it is not incorporated by reference into this agreement.
ON-GOING EFFECT OF THE AWARD. Except as described by the content of clause 7, this agreement replaces any pre- existing award that may have applied to the work covered by this agreement.
