Common use of Relationship to the Award and the NES Clause in Contracts

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. 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 J operate as terms of this Agreement. Eligibility for receipt of the respective allowances listed in Appendix M J 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.