RELATIONSHIP TO OTHER AWARDS AND AGREEMENTS. 5.1 Unless stated, this Agreement will operate to the exclusion of any other award, order or industrial instrument.
5.2 The Agreement will prevail to the extent of any inconsistencies between the Agreement and any award or order referred to herein.
5.3 The making of this Agreement will not affect any entitlements that have accrued to an Employee under a former award or agreement prior to lodgment with the Workplace Authority.
RELATIONSHIP TO OTHER AWARDS AND AGREEMENTS. 3.4.1 This Agreement operates subject to Chapter 2 of the FW Act to provide terms and conditions for Company Employees covered by the Agreement.
3.4.2 The relevant Award for purposes of applying the Better-Off-Overall Test (“BOOT”) to this Agreement is the Building and Construction General On-site Award 2020. The provisions of are expressly incorporated into the terms and conditions of this Agreement.
3.4.3 Where the relevant award conditions have been modified by the terms of this Agreement, remuneration and other conditions of this Agreement have been set at a level to ensure that persons employed under this Agreement, are better-off-overall than they would otherwise be under the relevant award. However, where the Agreement is silent on the relevant award provisions, then those relevant award provisions shall apply.
3.4.4 The provisions of the NES shall be read and applied to this Agreement.
3.4.5 Where this Agreement gives an Employee an entitlement that is the same as an entitlement under the NES:
(a) those terms operate in parallel with the Employee’s NES entitlement, but not so as to give the Employee a double benefit; and
(b) the provisions of the NES relating to the NES entitlement apply, as a minimum standard, to the Agreement entitlement.
RELATIONSHIP TO OTHER AWARDS AND AGREEMENTS. 4.1 This Agreement supersedes and replaces in its entirety any award that has application to the relevant employees.
4.2 No further claims or industrial action can be taken during the nominal expiry period.
RELATIONSHIP TO OTHER AWARDS AND AGREEMENTS. This agreement constitutes the entire arrangement between the parties and shall supersede in full any agreements previously entered into between the parties including but not limited to certified agreements made prior to 27 March 2006.
RELATIONSHIP TO OTHER AWARDS AND AGREEMENTS a) This Agreement operates subject to Chapter 2 of the FW Act to provide terms and conditions for Company Employee(s) covered by this Agreement.
b) The terms and conditions of the BCGOA (as defined in this Agreement) are hereby expressly incorporated as terms of this Agreement as if the same were set out in full herein and shall be binding upon the parties during the currency of the Agreement, by operation of this Agreement.
c) If this Agreement is inconsistent with or deals with a subject matter dealt with in the BCGOA, the terms of this Agreement shall prevail to the extent of the inconsistency and/or subject matter dealt with, and any provisions of the BCGOA that deal with that subject matter shall have no effect. Further, and to avoid doubt it is the intention of the parties that the only allowances and monetary amounts payable to employees are those set out expressly in this Agreement.
d) The relevant Award for purposes of applying the better off overall test to this Agreement is the Building and Construction General On-Site Award 2020 taken at the date this agreement is approved by the Fair Work Commission (FWC).
e) This Agreement will be read and interpreted in conjunction with the NES. Where there is any inconsistency between the Agreement and the NES, the NES provisions will apply to the extent of any inconsistency.
f) Where the Agreement gives an Employee an entitlement that is the same as an entitlement under the NES:
(i) Those terms operate in parallel with the Employee’s NES Entitlement, but not so as to give the Employee a double benefit; and
(ii) The provisions of the NES relating to the NES entitlement apply, as a minimum standard, to this Agreement entitlement.
RELATIONSHIP TO OTHER AWARDS AND AGREEMENTS. 1.4.1 This agreement is a comprehensive agreement and supersedes in full all awards, including but not limited to the Transport Workers Award 1998 and the Transport Workers (Distribution Facilities) Award 2004.
1.4.2 This agreement constitutes the entire arrangement between the parties and shall supersede in full any agreements previously entered into between the parties including but not limited to certified agreements made prior to 27 March 2006.
RELATIONSHIP TO OTHER AWARDS AND AGREEMENTS. 21.1 This Agreement is in full substitution for all awards and industrial instruments that might otherwise apply to the employment of the Employees.
21.2 It is the intention of the parties to this Agreement to expressly exclude all Protected Conditions that might otherwise apply to the employment of the Employees by operation of the Act.
RELATIONSHIP TO OTHER AWARDS AND AGREEMENTS. (a) In accordance with clause 52A, Schedule 8 to the Workplace Relations Act 1996 (Cth), the Agreement shall incorporate the terms of the Transport Industry (State) Award (“the Award”) as part of the Agreement, attached at Appendix 1 provided that where there is any inconsistency between the Agreement and the Award, the Agreement shall take precedence.
(b) This Agreement does not seek to incorporate any term of the Award which is specified as prohibited content by government legislation or regulation.
RELATIONSHIP TO OTHER AWARDS AND AGREEMENTS. 1.7.1 This agreement is to be read wholly in conjunction with the Storeman and Packers (Wholesale Drug Stores) State Award and the Drug Factories (State) Award, provided that this agreement shall prevail to the extent of any inconsistencies.
1.7.2 This agreement shall supersede in full the following agreements:
(a) Sigma Pharmaceuticals Pty Ltd & NUW (NSW Warehouse and Operators) Agreement 2001,
(b) Xxxxx-Xxxxxxx Xxxxx & NUW (NSW Warehouse and Operators) Agreement 1998, and
(c) All other agreements entered into which have expired.
RELATIONSHIP TO OTHER AWARDS AND AGREEMENTS. This Agreement shall be read in conjunction with the Stevedoring Industry Award 2010 and the Stevedoring Industry (Long Service Leave)
