RELATIONSHIP TO PARENT AWARD AND NES Sample Clauses

RELATIONSHIP TO PARENT AWARD AND NES. 4.1 This Agreement wholly incorporates the Award, except for the Award Flexibility and Facilitative Provisions clauses. 4.2 Upon incorporating Award terms into the Agreement, the incorporated Award terms are to be read as altered with the appropriate changes to make them provisions of the Agreement rather than provisions of the Award. 4.3 Where there is any inconsistency between the Award and this Agreement, the terms of this Agreement shall prevail to extent of such inconsistency. 4.4 Provided that if subsequent variations to the Award (including the making of a Modern Award or variation to such Modern Award) during the life of this Agreement are more beneficial to Employees than this Agreement, those superior variations (or superior parts of the variation) shall be incorporated into this Agreement and shall prevail over the Agreement to the extent of any inconsistency. 4.5 This Agreement is to be read in conjunction with the National Employment Standards (NES) within the Act and nothing in this Agreement excludes, overrides or reduces any minimum entitlements prescribed by the NES.

RELATIONSHIP TO PARENT AWARD AND NES. 6.1. This Agreement applies to the Company and Employees to the exclusion of the Award and all other industrial instruments made under the FW Act except where such exclusion is not permitted by law. 6.2. The NES shall apply to this Agreement. This Agreement will be read and interpreted in conjunction with the 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 the extent of the inconsistency.

RELATIONSHIP TO PARENT AWARD AND NES. 4.1 The terms of the Manufacturing and Associated Industries and Occupations Award 2020, or its successor award(s) (Award), as varied from time to time, are incorporated into this Agreement. However, variations to the Award that are detrimental to the employees covered by this Agreement will not be incorporated. This Agreement operates to the exclusion of any other modern award that may apply to Ventia and the employees covered by this Agreement. 4.2 If an incorporated Award term is inconsistent with an express term of this Agreement, the express term in the Agreement prevails over the incorporated Award term to the extent of the inconsistency. 4.3 Despite clause 4.1, other than expressly provided for in this Agreement, any facilitative arrangements or Award flexibility clause in the Award shall not be used. 4.4 Upon incorporating Award terms into the Agreement the incorporated Award terms are to be read as altered with the appropriate changes to make them provisions of the Agreement rather than provisions of the Award. So, for example, the loadings, penalties and allowances in the Award apply to the rates of pay due under the Agreement, not the Award rate. 4.5 Further, existing over-Agreement payments and conditions of employment will continue to apply unless varied by this Agreement. 4.6 This Agreement will be read and interpreted in conjunction with the National Employment Standards (NES) under the Fair Work Act 2009 (Cth) (Act). Where there is an inconsistency between this agreement and the NES, and the NES provides a greater benefit to employees, the NES will apply to the extent of the inconsistency. Similarly, where this Agreement provides a greater benefit to Employees, the Agreement shall prevail to the extent of the inconsistency.

RELATIONSHIP TO PARENT AWARD AND NES. 6.1. This Agreement applies to Gateways and Employees to the exclusion of the Award and all other awards, agreements, industrial instruments and arrangements except where such exclusion is not permitted by law. 6.2. The amounts payable under this Agreement are intended to satisfy all entitlements that an Employee may have under any applicable award, industrial agreement or law, including in respect of any overtime, allowances, shift penalties, public holidays penalties, annual leave loading and any other allowances and benefits, and any payments paid to the Employee may be absorbed or used to off-set against any monetary obligation imposed on the Employer by any applicable award, this Agreement or the NES or the FW Act. 6.3. The entitlements in this Agreement are intended to be applied in satisfaction of, and not in addition to, any entitlements Employees may have under the NES. This Agreement will be read and interpreted in conjunction with the 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 the extent of the inconsistency.

RELATIONSHIP TO PARENT AWARD AND NES. 4.1 This agreement will incorporate the Electrical, Electronic and Communications Contracting Award 2020 (the Award) provided that: 4.1.1 When there is inconsistency between the terms of the Award and the terms of this Agreement, the terms of this Agreement shall prevail to the extent of any inconsistency. 4.1.2 The term of clause 7 of the Award is not incorporated into this Agreement. Individual Flexibility term is covered in clause 37 of this Agreement. 4.2 This agreement supersedes and replaces all previous agreements and awards. 4.2.1 The terms and conditions of this agreement are derived from the permitted provisions underpinning award relevant to the parties being extracts from the Award. Where any dispute arises about how the provisions of this agreement are to apply, the provisions of the Award will be used as a guide in the interpretation and application of the Agreement. 4.3 This Agreement will be read and interpreted in conjunction with the National Employment Standards (NES) under the Fair Work Act 2009 (Cth) (Act). Where there is an inconsistency between this agreement and the NES, and the NES provides a greater benefit to employees, the NES will apply to the extent of the inconsistency. Similarly, where this Agreement provides a greater benefit to Employees, the Agreement shall prevail to the extent of the inconsistency.

RELATIONSHIP TO PARENT AWARD AND NES. 5.1 This agreement shall incorporate the Manufacturing and Associated Industries and Occupations Award 2020 (the Award) as varied from time to time. Where there is any inconsistency between the Award and this Agreement, the terms of this Agreement shall prevail. 5.2 The National Employment Standards (“NES”) is a set of minimum employment entitlements prescribed within the Fair Work Act 2009 (Cth) (“FWAct”). This Agreement will be read and interpreted in conjunction with the NES. Where there is an inconsistency between this agreement and the NES, and the NES provides a greater benefit, the NES provisions will apply to the extent of the inconsistency. The 11 entitlements under the NES are: 1) Maximum weekly hours of work – 38 hours per week, plus reasonable additional hours. 2) Requests for flexible working arrangements – certain employees can ask to change their working arrangement. 3) Offers and requests to convert from casual to permanent employment – casual employees who have worked for their employer for 12 months need to be offered the option to convert to full time or part time (permanent) employment by their employer. Certain eligibility requirements need to be met for this to occur. 4) Parental leave and related entitlements – up to 12 months unpaid parental leave and the right to request up to an additional 12 months of leave. Also includes adoption-related leave.

RELATIONSHIP TO PARENT AWARD AND NES. 1.4.1 This Agreement is read in conjunction with the Live Performance Award 2020. 1.4.2 In the event of any inconsistency with this Award, the terms of this Agreement shall take precedence. 1.4.3 Hospitality Employees are bound by the provisions of Schedule 1 of this Agreement. This Schedule shall prevail and take precedence to the extent of any inconsistency with the remaining provisions of this Agreement. For the sake of clarity, the following provisions of this Agreement do not apply to Hospitality Employees:

RELATIONSHIP TO PARENT AWARD AND NES. 4.1 Subject to clause 4.2, this Agreement incorporates the Road Transport and Distribution Award 2020 (Award). 4.2 Where there is any inconsistency between any terms of the Award and this Agreement, the express provisions of this Agreement shall prevail to the extent of any inconsistency provided however that such Award provisions shall cease to apply only to the extent and for the period necessary to permit the operation of this Agreement. 4.3 The Agreement is to be read and interpreted in conjunction with the FW Act and the 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 the extent of any inconsistency. This Agreement does not exclude, override, or reduce any conditions determined by the NES. 4.4 The parties acknowledge that this Agreement supersedes and replaces any other industrial instrument whether made or certified by an industrial tribunal.

RELATIONSHIP TO PARENT AWARD AND NES. 6.1 This Agreement shall be read in conjunction with the provisions of Part 1 of the Metal Trades (General) Award No. 13 of 1966, (“the Notational Agreement Preserving State Awards” or NAPSA), as at the date of 27 March 2006; and the Building Trades Award 1968 [AN160037 – WA] (“the Notational Agreement Preserving State Awards” or NAPSA), as at the date of 27 March 2006. To avoid doubt this Agreement is not intended to include any terms of the NAPSA, which contain prohibited content (as defined in the Act). Any term of the NAPSA, which contains prohibited content is deemed not to be included in this Agreement to the extent of prohibited content. Further, Clauses 6, 17, 18, 19, 20, 21, 22, 26, 27, 28, 32, 32A and 34 of the Metal Trades NAPSA shall not apply while this Agreement is in operation. In the event of any inconsistency between the NAPSA and this Agreement, this Agreement shall prevail. Except as specifically provided, the terms of this Agreement shall expressly operate to the exclusion of and shall supersede all Federal Awards or variations and all other industrial agreements which would otherwise operate to regulate wage rates and conditions of employment covered by this Agreement. 6.2 Where a term of this Agreement is inconsistent with a term of the Award, including any terms of the Award that are “protected award conditions” under the Act, the provisions of this Agreement will prevail to the extent of any inconsistency. “Protected award conditions” are provisions of the Award relating to the following matters: rest breaks, incentive-based payments and bonuses, annual leave loadings, State public holidays and days in substitution thereof, monetary allowances, overtime and shift loadings, penalty rates and other matters prescribed by the Workplace Relations Regulations 2006. 6.3 Given that Bilfinger Xxxxxx Services (Australia) Pty Ltd is potentially a supplier directly to the Construction Industry and may tender on Federal Government contracts, the parties agree that the provisions of this agreement are to be applied consistently with the provisions of the National Code of Practice for the Construction Industry (the Code) and the associated implementation guidelines, as amended from time to time. (i) The parties agree to do all things reasonably necessary to bring about a variation of this Agreement (including pursuant to Part 8 Division 8 of the Workplace Relations Act 1996 or its successor) in the event the Code or the Implementation Guidelines a...

RELATIONSHIP TO PARENT AWARD AND NES. This Agreement shall incorporate the provisions of the Hydrocarbons Industry (Upstream) Award 2020 (‘Incorporated Award’), as varied from time to time, provided that where there is any inconsistency between this Agreement and the Incorporated Award the Agreement shall prevail to the extent of the inconsistency. 5.1 The NES is a set of legislated minimum employment entitlements under the Act. The NES shall apply to Employees covered by this Agreement, except where this Agreement provides a more favorable outcome. 5.2 Where there is a conflict or inconsistency between a term of this Agreement and the NES, the terms of clause 5.1 of this Agreement confirm that the NES shall have precedence over the term within the Agreement to the extent of the conflict/ inconsistency.