Relationship to the Award and the NES Sample Clauses

Relationship to the Award and the NES. 5.1 Subject to this clause, the Award is incorporated into and forms part of this Agreement. 5.2 If there is any inconsistency between an express term of this Agreement and an incorporated Award term, the express term of the Agreement will prevail to the extent of any inconsistency. 5.3 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 the Award and the NES. 5.1 Subject to this clause, the Award is incorporated into and forms part of this Agreement. 5.2 If there is any inconsistency between an express term of this Agreement and an incorporated Award term, the express term of the Agreement will prevail to the extent of any inconsistency. 5.3 For the sake of clarity, the Appendices to this Agreement, including the Preserved Award Allowances contained in Appendix M operate as terms of this Agreement. Eligibility for receipt of the respective allowances listed in Appendix M are as per the terms of the Building and Construction General On-Site Award 2010 as it stood at 19 December 2019. 5.4 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 the Award and the NES. 5.1 Subject to this clause, the Award is incorporated into and forms part of this Agreement. If the Award is silent, the terms of the Mobile Crane Hiring Award 2002 as at 31 December 2009 (“2002 Award”) will apply. 5.2 If there is any inconsistency between an express term of this Agreement and an incorporated Award term, the express term of the Agreement will prevail to the extent of any inconsistency. 5.3 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 the Award and the NES. (a) This Agreement incorporates the Award, provided that this Agreement will prevail over the Award to the extent of any Inconsistency. An Inconsistency will not arise simply because the Award provides a more beneficial entitlement to an Employee than that contained in this Agreement. (b) This Agreement operates in conjunction with the NES. Certain provisions of this Agreement may supplement the NES but nothing in this Agreement will operate so as to provide a detrimental outcome for Employees as compared to an entitlement under the NES. (c) For the avoidance of doubt the Company will ensure that no Employee will lose any entitlements that they may currently have arising out of any Industrial Instrument.

Relationship to the Award and the NES. (a) The terms of the Manufacturing and Associated Industries and Occupations Award 2020, (Award) as varied from time to time, are incorporated into this Agreement. (b) If the Award is inconsistent with an express term of this Agreement, the Agreement prevails to the extent of any inconsistency. (c) No term of this Agreement will operate to exclude the NES. Where the Agreement is more beneficial than the NES, the Agreement will supersede the NES.

Relationship to the Award and the NES. For the purpose of this Agreement, the Award means the Educational Services (Schools) General Staff Award 2020. In addition, the National Employment Standards or NES, as they are known, prescribe the minimum employment conditions for all Employees employed in the Federal jurisdiction (as is the case for Employees covered by this Agreement and the Educational Services (Schools) General Staff Award 2020). It is important to note: (a) This Agreement operates in conjunction with the Educational Services (Schools) General Staff Award 2020, as in force from time to time. (b) To the extent that a term of this Agreement deals with or provides for a term or condition contained in the Award this Agreement will override the Award term or condition. (c) Where this Agreement is silent on a particular matter the relevant terms of the Award shall apply. (d) Where this Agreement and the Award are silent on a particular matter the relevant terms of NES shall apply. (e) The NES provisions cannot be diminished by this Agreement (or any other form of Agreement). Where a clause of the Award is varied or is not to apply this will be detailed at the commencement of the relevant clause. Where there is an unintentional diminution of a relevant provision of the NES by a provision of this Agreement the NES provision shall apply to the extent of the diminution.

Relationship to the Award and the NES. The NES are provided for in Part 2-2 of the Act. (A) This Agreement incorporates the Educational Services (Teachers) Award 2010 – MA000077, as in force from time to time. (B) To the extent that a term of this Agreement deals with or provides for a term or condition contained in the Award, this Agreement will override the Award term or condition. (C) Where this Agreement is silent on a particular matter the relevant terms of the Award will apply. (D) Where this Agreement and the Award are silent on a particular matter the relevant terms of the NES will apply. (E) The NES provisions cannot be diminished by this Agreement (or any other form of agreement). Where a clause or sub-clause of the Award is varied or does not apply, this is detailed at the commencement of the relevant clause. Where there is an unintentional diminution of a relevant provision of the NES by a provision of this Agreement, the NES provision will apply to the extent of the diminution.

Relationship to the Award and the NES. (a) This Agreement operates to the exclusion of the Award. (b) For the avoidance of doubt, the Engineer will have no entitlement to receive any increases during the operation of the Agreement to the rates of pay or other monetary amounts contained in the Award. (c) This Agreement operates in conjunction with the NES. Certain provisions of this Agreement may supplement the NES but nothing in this Agreement will operate so as to provide a detrimental outcome for Engineer as compared to an entitlement under the NES.

Relationship to the Award and the NES. (a) This Agreement incorporates the Award, provided that Part A of this Agreement will prevail over the Award to the extent of any inconsistency. An inconsistency will not arise simply because the Award provides a more beneficial entitlement to a Transport Worker than that contained in Part A of this Agreement. (b) This Agreement will be read and interpreted in conjunction with the NES. Certain provisions of this Agreement may supplement the NES but nothing in this Agreement will operate so as to provide a detrimental outcome for Transport Workers as compared to an entitlement under 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. (c) For the avoidance of doubt Strait Link will ensure that no Transport Worker will lose any entitlements that they may currently have arising out of any applicable Instrument as at the Operative Date.

Relationship to the Award and the NES. 4.1. This Agreement rescinds and replaces all other collective agreements between the persons whom it covers, whether or not such agreements were approved by the FWC or otherwise registered or certified, including the SBS Enterprise Agreement 2019. 4.2. This Agreement will apply to the exclusion of the Award, or any other award which may cover SBS or an Employee from time to time. 4.3. No term of this Agreement will operate to exclude the NES or reduce any provision of the NES.