RELATIONSHIP TO AWARDS AND AGREEMENTS.
(1) This Agreement is comprehensive and applies to the exclusion of any Award.
(2) This Agreement replaces the WA Health – Australian Nursing Federation - Registered Nurses, Midwives and Enrolled (Mental Health) and Enrolled (Mothercraft) - Nurses Industrial Agreement 2018, AG 7 of 2019.
RELATIONSHIP TO AWARDS AND AGREEMENTS. 6.1 This Agreement shall be read in conjunction with the Award, provided that where there is any direct inconsistency between the express terms of this Agreement and the Award, the express terms of the Award shall take precedence to the extent of any such inconsistency.
6.2 This Agreement shall be read in conjunction with the LHMU – Hospital Employees (Dental Health Services) Federal Agreement 2005 (‘the Federal Agreement’) certified pursuant to the Workplace Relations Xxx 0000, provided that where there is any direct inconsistency between the express terms of this Agreement and the Federal Agreement, the express terms of the Federal Agreement shall take precedence to the extent of any such inconsistency.
6.3 This Agreement shall be read in conjunction with the Western Australian Government/Australian Liquor, Hospitality and Miscellaneous Workers Union Redeployment, Retraining and Redundancy Agreement 2004 (RRR Agreement), provided that where there is any inconsistency between the express terms of this Agreement and the RRR Agreement, the express terms of the RRR Agreement shall take precedence to the extent of any such inconsistency.
RELATIONSHIP TO AWARDS AND AGREEMENTS. 5.1 The terms and conditions of this Agreement are to be taken as being exhaustive.
5.2 For the avoidance of doubt, an employee’s entitlement (if any) to rest breaks, incentive based payments and bonuses, annual leave loadings, public holidays and associated pay rates (including any days to be substituted for public holidays), allowances, shift work and overtime loadings, penalty rates are as provided for in this Agreement.
5.3 This Agreement replaces and supersedes all previous agreements between the parties, whether certified under the Act or otherwise.
RELATIONSHIP TO AWARDS AND AGREEMENTS. This Agreement supersedes all previous awards and orders of the NSW Industrial Relations Commission made under the Industrial Relations Xxx 0000 (“the Act”) or its predecessors, relating to employment in the industries and/or industrial pursuits governed by this Agreement, but no right, obligation or liability incurred under previous awards shall be affected by such supersession. For the purposes of s.35(1)(b) of the Act, the relevant award is the Xxxxxx Irrigation Limited Consent Award 1996.
RELATIONSHIP TO AWARDS AND AGREEMENTS. (1) This Agreement shall be read and interpreted in conjunction with Nurses' (ANF-WA Public Sector) Award 2002 and the Nurses (WA Mental Health Services) Award 2003.
(2) Where an inconsistency exists between this Agreement and the relevant Award, this Agreement shall prevail to the extent of any inconsistency.
(3) This Agreement replaces the Nurses (WA Government Health Services) Agreement 2001.
RELATIONSHIP TO AWARDS AND AGREEMENTS. (a) This Agreement totally regulates the terms and conditions of employment for employees covered by this Agreement.
(b) This Agreement operates to the exclusion of the Notional Agreement Preserving a State Award (NAPSA) known as PFD Food Services (Qld) Pty Ltd Sales and Distribution Employees Enterprise Award 2001 (The Consent Award) which may otherwise apply to the employees covered by this Agreement.
RELATIONSHIP TO AWARDS AND AGREEMENTS. (a) Where any inconsistency occurs between this Agreement and the Medical Practitioners (Tasmanian State Service) Award (the Award), and the Salaried Medical Practitioners (AMA Tasmania/DHHS) Agreement 2009, this Agreement is to prevail to the extent of any inconsistency.
RELATIONSHIP TO AWARDS AND AGREEMENTS. 1.7.1 For the purposes of this clause, the terms ‘award’ or ‘awards’ include a pre-reform federal award, a rationalised and/or simplified federal award, a preserved state agreement and a notional agreement preserving a state award.
1.7.2 This Agreement is intended to cover all matters pertaining to the employment relationship. In this regard, this Agreement represents a complete statement of the mutual rights and obligations between the employer and the employee to the exclusion (to the extent permitted by law) of other laws, awards, agreements (whether registered or unregistered), custom and practice and like instruments or arrangements.
1.7.3 This Agreement regulates all terms and conditions of employment and thus expressly excludes and displaces the operation of any and all other matters and conditions of employment (including those howsoever described or identified as either a preserved entitlement, preserved notional term, preserved notional entitlement, protected notional condition, preserved award term or protected award condition) in any award or agreement.
1.7.4 To remove any doubt, the Agreement expressly excludes and completely displaces the following: • Glass Industry – Glass Production Award 1998 • Glass Industry – Glass Production (Long Service Leave) Award 1999 • Metal, Engineering and Associated Industries Award 1998 – Part 1 • Metal, Engineering and Associated Industries (Accident Pay, Victoria) Award 1998 • Unimin Australia Limited Beechworth Certified Agreement 2005
1.7.5 Without in any way limiting the operation and intention of this clause, any clause or term or provision of an award dealing with any of the following matters (including incidental matters) are excluded and displaced in whole by this Agreement:
a) rest breaks;
b) incentive-based payments and bonuses;
c) annual leave loadings;
d) observance of days declared by or under a law of a State or Territory to be observed generally within that State or Territory, or a region of that State or Territory, as public holidays by employees who work in that State, Territory or region, and entitlements of employees to payment in respect of those days or substitute days;
e) monetary allowances for:
i. expenses incurred in the course of employment; or
ii. responsibilities or skills that are not taken into account in rates of pay for employees; or
f) disabilities associated with the performance of particular tasks or work in particular conditions or locations;
g) loadings for shift work;
h) ...
RELATIONSHIP TO AWARDS AND AGREEMENTS. 2.4.1 For the life of this Agreement, the whole of the terms of The Rail Corporation New South Wales, Rail Infrastructure Corporation and State Rail Authority of New South Wales Enterprise Agreement 2005 including the schedules thereto (2005 Agreement) are incorporated into this Agreement. Any terms of the 2005 Agreement, which contain prohibited content are deemed not to be incorporated in this Agreement to the extent of the prohibited content. Subject to 2.4.2, this Agreement will, prevail over the terms of the incorporated 2005 Agreement to the extent of any inconsistency.
2.4.2 In respect of Former SRA employees, the terms of the incorporated 2005 Agreement will, prevail over the terms of this Agreement except in respect of clause 4.1 of this Agreement which shall prevail regardless.
RELATIONSHIP TO AWARDS AND AGREEMENTS. 3.1 The Agreement is a comprehensive agreement that operates to the exclusion of any Awards or other agreements. For the avoidance of doubt the Agreement operates to the exclusion of all prior agreements, formal and informal (including Individual Flexibility Agreements), save to the extent that the operation of a relevant past agreement provision is specifically preserved in the Agreement.
3.2 Nothing in the Agreement is to be taken as overriding agreements made for the purposes of the Occupational Health and Safety Act 2004 (Vic).
3.3 Where a payment in relation to wages, allowances or entitlements is being made, and the Company, the Employees and/or the Unions agree that the relevant provision has been omitted from the Agreement through no fault of the Company or the Employees and/or the Unions, the payment will continue to operate as per the omitted provision. For the avoidance of doubt, in order for the wages, allowances and/or provisions payment to continue, there must be an agreement reached by:
a. the Company; and
b. the Employees and / or the Unions that the provision relating to the payment was omitted from the Agreement as per this clause.
