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.
Appears in 4 contracts
Samples: Enterprise Agreement, Mobile Crane Hiring Industry Enterprise Agreement, Mobile Crane Hiring Industry Enterprise Agreement