PROTECTED AWARD CONDITIONS. The Protected Allowable Award Matters as specified by Section 354 (4) – Workplace Relations Act 1996 have no effect in relation to the employee covered by this Agreement. These include, but are not necessarily limited to, the following Protected Allowable Award Matters from the Liquor and Accommodation Industry – Restaurants – Victoria – Award 1998: . rest breaks - Clause 24 . annual leave loading - Clause 27 . public holidays and substitute days - Clause 31 . monetary allowances - Clause 22 . clothing, equipment and tools - Clause 35 . distant work - Clause 32 . overtime - Clause 25 . penalty rates - Clause 26 The Protected Allowable Award Matters have been expressly excluded from this Agreement and are not to be taken as being included in this Agreement and do not apply to the employee covered by this Agreement.
PROTECTED AWARD CONDITIONS. 6.1 This Agreement shall exclude all protected award conditions according to s.354 of the Act as follows:
PROTECTED AWARD CONDITIONS. The Protected Allowable Award Matters as specified by Section 354 (4) – Workplace Relations Act 1996 have no effect in relation to the employee covered by this AWA. These include, but are not necessarily limited to, the following Protected Allowable Award Matters from the Liquor and Accommodation Industry – Restaurants – Victoria
PROTECTED AWARD CONDITIONS. Where exclusions or modifications are made to protected Award conditions (see 10 – Definitions) specific reference is made in this Agreement to those modifications and/or exclusions.
PROTECTED AWARD CONDITIONS a) Were it not for the operation of this enterprise agreement, the following awards would have applied to the employees covered under the agreement:
(i) Wholesale Oil Products – Refining and Warehousing Award 2002;
(ii) Oil Industry (Long Service Leave) Award 2000
b) Under s.354 of the Workplace Relations Act 1996 the provisions of the awards set out in a) which deal with the following matters are protected award conditions: - Rest breaks; - Incentive based payments and loadings; - Annual leave loadings; - Days declared are public holidays under a State or Territory law (including substitute days) and entitlements to payment on those days: - Monetary allowances; - Loadings for working overtime or shift work; - Penalty rates; and - Outworker conditions.
c) The protected award conditions are taken to be included in this workplace agreement and have effect in relation to the employment of persons covered by this agreement except for:
(i) the following exclusion:
PROTECTED AWARD CONDITIONS. This Agreement displaces in their totality the awards that would otherwise apply to the business of the employer, namely the Federal Pastoral Industry Award, Federal Horticultural Industry (AWU) Award and the Tasmanian Transport and General Award. The protected award conditions, as provided for in the Workplace Relations Act 1996, namely public holidays, rest breaks, annual leave loading, allowances, penalty rates, shift/overtime loadings and penalty rates for work on weekends contained in the abovementioned awards are specifically displaced from having effect in relation to this Agreement.
PROTECTED AWARD CONDITIONS a) Were it not for the operation of this workplace agreement, the following awards would have applied to the employees covered under the agreement:
a. the Metal, Engineering and Associated Industries Award 1998:
i. Part I;
ii. Part IV – Long Service Leave; and
b. the Metal, Engineering and Associated Industries (Superannuation) Award 2000.
b) Under s.354 of the Workplace Relations Act 1996 the provisions of the awards set out in a) which deal with the following matters are protected award conditions: - Rest breaks; - Incentive based payments and loadings; - Annual leave loadings; - Days declared are public holidays under a State or Territory law (including substitute days) and entitlements to payment on those days: - Monetary allowances; - Loadings for working overtime or shift work; - Penalty rates; and - Outworker conditions.
c) Except for prohibited content as set out in clause 7 the protected award conditions are taken to be included in this workplace agreement and have effect in relation to the employment of persons covered by this agreement except for:
(i) the following modifications:
PROTECTED AWARD CONDITIONS a) Were it not for the operation of this workplace agreement, the National Metal and Engineering On-site Construction Industry Award 2002 would have applied to the employees covered under the agreement.
b) Under s.354 of the Workplace Relations Act 1996 the provisions of the award set out in a) which deal with the following matters are protected award conditions: • Rest breaks; • Incentive based payments and loadings; • Annual leave loadings; • Days declared are public holidays under a State or Territory law (including substitute days) and entitlements to payment on those days: • Monetary allowances; • Loadings for working overtime or shift work; • Penalty rates; and • Outworker conditions.
c) The protected award conditions are taken to be included in this workplace agreement and have effect in relation to the employment of persons covered by this agreement.
PROTECTED AWARD CONDITIONS. For the avoidance of doubt, provisions contained in the below listed clauses of the National Building and Construction Industry Award 2000 are expressly excluded from this Agreement: • Clause 28 (rest breaks, including meal breaks); • Clauses 18, 24, 25, 37 and 38 (monetary allowances relating to expense, disability and skill); • Clauses 29, 30 and 31 (loadings for working overtime, shift work and weekend work); and • Clause 32.7.2 (annual leave loading).
PROTECTED AWARD CONDITIONS. 31.1 Were it not for the operation of this workplace agreement, the following awards would have applied to the employees covered under the agreement:
31.1.1 The Metal, Engineering and Associated Industries Award 1998: • Part I; • Part IV – Long Service Leave;
31.1.2 The Metal, Engineering and Associated Industries (Superannuation) Award 2000.
31.2 Under s.354 of the Workplace Relations Act 1996 the provisions of the awards set out in 31.1 which deal with the following matters are protected award conditions: • Rest breaks; • Incentive based Payments and loadings; • Annual leave loadings; • Days declared as public holidays under a State or Territory law (including substitute days) and entitlements to payment on those days; • Monetary allowances; • Loadings for working overtime or shift work; • Penalty rates • Outworker conditions.
31.3 The protected award conditions are taken to be included in this workplace agreement and have effect in relation to the employment of persons covered by this agreement.
