RELATIONSHIP TO OTHER INDUSTRIAL INSTRUMENTS. 8.1 This Agreement sets out the whole agreement between the parties and operates to the exclusion of any and all other federal and state awards and agreements.
8.2 Any and all protected award conditions of the Storage Services Materials Handling Award 2002 are expressly excluded pursuant to s 354 of the Act.
RELATIONSHIP TO OTHER INDUSTRIAL INSTRUMENTS. A.7.1 It is acknowledged by the parties that this Agreement operates without any parent award as a basis and, as such, the terms and conditions of employment contained in this Agreement represents the sum total of matters agreed between the employer, the employees, and replaces the principles and changes made in all previous Agreements between the relevant parties to this Agreement:
A.7.2 The employer may provide to each employee a written letter of appointment in which may be set out further terms and conditions of employment as may be agreed, but which are not inconsistent with this Agreement.
A.7.3 The parties to this Agreement shall comply with all relevant provisions of the Act and with all other relevant legislation which affects the performance of work under this Agreement.
RELATIONSHIP TO OTHER INDUSTRIAL INSTRUMENTS. This Agreement specifies the prevailing terms and conditions of employment in respect of its subject matter, and to the extent of any inconsistency, this Agreement and the Memorandum of Agreement prevail over all provisions of any otherwise applicable Industrial Instruments.
RELATIONSHIP TO OTHER INDUSTRIAL INSTRUMENTS. 8.1. This Agreement operates to the exclusion of any other industrial instrument including, but not limited to, any modern award or transitional instrument.
8.2. This Agreement shall be read and interpreted in conjunction with the National Employment Standards (NES) provided that where there is any inconsistency between this Agreement and the NES, the more beneficial provision to an employee shall apply.
RELATIONSHIP TO OTHER INDUSTRIAL INSTRUMENTS. Unless otherwise specifically stated, this Agreement wholly replaces and operates to the exclusion of any and all terms of any Industrial Instrument that might otherwise apply to the Employee’s employment. The terms of all relevant modern awards and other industrial instruments have been considered in the creation of this Agreement and these have either been met or compensated for. Therefore, this Agreement operates to the exclusion of any award, modern award or other industrial instrument. This Agreement should be read in conjunction with the Act including the National Employment Standards (NES) and any future iterations of the applicable Modern Awards. Where there is an inconsistency between the Agreement and the NES and/or the applicable Modern Award, and the NES and/or the applicable Modern Award provides a greater benefit, the NES and/or the applicable Modern Award provision will apply to the extent of the inconsistency. Where this Agreement is silent in whole or in part the relevant legislation shall apply.
RELATIONSHIP TO OTHER INDUSTRIAL INSTRUMENTS. (a) National Employment Standards (NES):
i. The NES is a set of legislated minimum employment entitlements under the Fair Work Act.
ii. If a term of this agreement is found to be inconsistent with the NES, then the more beneficial terms of the NES will take precedence to the extent of the inconsistency.
iii. Where this agreement provides a more favourable condition than the NES, then the more favourable condition will apply.
RELATIONSHIP TO OTHER INDUSTRIAL INSTRUMENTS. This Agreement shall apply to the exclusion of the provisions contained in any Agreement or Award. For clarity, this Agreement specifically excludes all provisions contained within any Award or agreement that could otherwise apply to the employees or the Company.
RELATIONSHIP TO OTHER INDUSTRIAL INSTRUMENTS. This Agreement will incorporate the Wine Industry Award 2020 and the Clerks Private Sector Award 2020 (collectively referred to as the Awards), as varied from time to time, but the terms of this Agreement will prevail to the extent of any inconsistency from the incorporated Awards. The National Employment Standards is a set of minimum employment entitlements prescribed within the Act (NES). This Agreement is not intended to exclude the NES and its terms will be of no effect to the extent they are detrimental compared to the NES. In summary (and without derogating from the entitlements), the NES currently provides the following entitlements (your eligibility for NES entitlements may depend on whether you are a full time, part time or casual Employee and be subject to qualifying criteria): • 38 hours’ work per week plus reasonable additional hours; • an Employee with 12 months' service has the right to request a change in working arrangements in a variety of circumstances, including where the employee: o is pregnant; o is the parent or has responsibility for the care of a child of school age or younger; o is a carer; o has a disability; o is 55 or older; o is experiencing family and domestic violence; or o provides care or support for an immediate family member or member of their household who requires support because the person is experiencing family and domestic violence; • up to 12 months’ unpaid parental leave, with an Employee's right to request an extension for a further period of up to 12 months; • four weeks’ annual leave per annum with an additional week for eligible shift workers; • up to 10 days paid personal/xxxxx's leave per annum; • up to two days’ unpaid carer's leave per occasion for casuals and Employees who have exhausted their paid carer's leave entitlements; • up to two days’ paid compassionate leave per occasion; • up to 10 days' paid family and domestic violence leave per annum; • paid (up to 10 days') and unpaid jury service leave, and unpaid leave for eligible community service activities; • public holidays; • notice of termination and redundancy pay; and • the provision of a Fair Work Information Statement to new Employees, and the provision of a Casual Employment Information Statement to new casual Employees.
RELATIONSHIP TO OTHER INDUSTRIAL INSTRUMENTS. The Parties recognise that this Agreement covers employees who would otherwise be covered by the Stevedoring Industry Award 2020. However, where there is conflict, the provisions of this Agreement shall prevail.
RELATIONSHIP TO OTHER INDUSTRIAL INSTRUMENTS. This Agreement stands alone. While this Agreement operates it: Will, to the extent allowed under the Act, apply to the exclusion of all other State or Federal industrial awards, workplace agreements, Preserved State Agreements, Notional Agreements Preserving State Awards or other industrial instruments, any unregistered agreements and any local agreements. Will operate so to expressly exclude:
A. All “protected award conditions” under any applicable award (whether applicable now or in the future) and all “protected preserved conditions” under any applicable Preserved State Agreement that relate to:
a) rest breaks;
b) incentive based payments and bonuses;
c) annual leave loading;
d) public holidays and payment for public holidays or days to be substituted for public holidays or a procedure for such substitution;
e) monetary allowances (for expenses incurred in the course of employment, responsibilities or skills not taken into account in rates of pay for Employees or disabilities associated with the performance of particular tasks or work in particular conditions or locations;
f) loadings for working overtime or shift work; or
g) penalty rates
h) outworker conditions (collectively “Protected Conditions”)
B. Terms that are incidental to Protected Conditions; and
C. Machinery provisions that are in respect of Protected Conditions. This Agreement will not operate so as to cause an Employee to suffer a reduction in ordinary time earnings or a reduction in their entitlements to accrued leave or ordinary hours of work.
