Common use of RELATIONSHIP TO OTHER AWARDS AND AGREEMENTS Clause in Contracts

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. ‌ 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”) test to this Agreement is the Building and Construction General On-site Award 20202010. The provisions of this Award are expressly incorporated into the terms and conditions of this Agreement. 3.4.3 Where the relevant modern 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 modern award. However, where the Agreement is silent on the relevant reference award provisions, then those relevant modern award provisions shall apply. 3.4.4 The provisions of the NES This Agreement shall be read and applied to this Agreementin conjunction with the NES. 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 '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. 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”) test 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 modern 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 modern award. However, where the Agreement is silent on the relevant reference award provisions, then those relevant modern award provisions shall apply. 3.4.4 The provisions of the NES This Agreement shall be read and applied interpreted in conjunction with the National Employment Standards (NES), and that where there is an inconsistency between the Agreement and the NES and the NES provides a greater benefit, the NES provision will apply to this Agreementthe extent of the inconsistency. 3.4.5 Where this Agreement gives an Employee an entitlement that is the same as an entitlement under the NES: (a) those Those terms operate in parallel with the Employee’s 's NES entitlement, but not so as to give the Employee a double benefit; and (b) the 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. 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”) test to this Agreement is the Building and Construction General On-site Award 20202010. The provisions of this Award are expressly incorporated into the terms and conditions of this Agreement. 3.4.3 Where the relevant modern 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 modern award. However, where the Agreement is silent on the relevant reference award provisions, then those relevant modern 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 '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. 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”) test to this Agreement is the Building and Construction General On-site Award 2020. The provisions of this Award are expressly incorporated into the terms and conditions of this Agreement. 3.4.3 Where the relevant modern 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 modern award. However, where the Agreement is silent on the relevant reference award provisions, then those relevant modern award provisions shall apply. 3.4.4 The provisions of the NES This Agreement shall be read and applied to this Agreementin conjunction with the NES. 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. 3.4.1 2.4.1 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 2.4.2 The relevant Award award for purposes of applying the Better-Off-Overall Test (“BOOT”) better off overall test 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 2.4.3 Where the relevant modern award conditions have been excluded or 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 modern 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 2.4.4 This Agreement will be read and applied interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between this agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to this Agreementthe extent of the inconsistency. 3.4.5 2.4.5 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. 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”) test to this Agreement is the Building and Construction General On-site Award 2020. The provisions of this Award are expressly incorporated into the terms and conditions of this Agreement. 3.4.3 Where the relevant modern 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 modern award. However, where the Agreement is silent on the relevant reference award provisions, then those relevant modern 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.