The National Employment Standards. 7.1 The National Employment Standards (NES) as contained in Part 2-2 of the Act are the minimum entitlements to which an Employee covered by this Agreement is entitled. This Agreement may provide ancillary or supplementary terms in respect of the NES.
7.2 This Agreement provides enterprise specific detail where it deals with a matter provided for in the NES.
The National Employment Standards. 9.1 The National Employment Standards (NES) applies to all Employees under this Agreement. Where after the commencement of this Agreement the NES is varied, the following apply:
(a) Where the NES provides, or is varied to provide, a condition or entitlement more favourable to the Employee in a particular respect than that set out in this Agreement, the condition or entitlement set out in the NES prevails.
(b) Where the NES is varied to remove a condition or entitlement referred to or set out in this Agreement, that condition or entitlement will no longer have effect under this Agreement.
(c) Where the NES is varied by removal or by providing a condition or entitlement less favourable to the Employee, in relation to Schedule B – Pay, Other Rates and Allowances, and paid leave outlined in Clause 44 Personal/Carer’s Leave, the Agreement will apply.
9.2 A copy of the NES will be available to all Employees to whom it applies either on a noticeboard conveniently located at the workplace or through electronic means such as on the Employer’s Portal.
The National Employment Standards. 9.1 It is the intention of this Agreement that the NES, as it may be varied from time to time, shall apply to the employees who are the subject of this Agreement. Any provisions of the NES that are also referred to or set out in this Agreement are for the convenience only of the parties.
9.2 Where the NES provides, or is varied to provide, a condition or entitlement more favourable (to the employee) in a particular respect than that set out in this Agreement, the condition or entitlement set out in this Agreement shall be overridden to the extent that it is less favourable than the NES.
9.3 Where after the commencement of this Agreement, the NES is varied to remove a condition or entitlement referred to or set out in this Agreement, the condition or entitlement referred to or set out in this Agreement shall have no effect.
9.4 Where after the commencement of this Agreement, the NES is varied to provide a condition or entitlement less favourable (to the employee) to that referred to or set out in this Agreement, the condition or entitlement referred to or set out in this Agreement shall apply.
The National Employment Standards. 2.7.1 The National Employment Standards (“NES”) are minimum entitlements specified in Part 2-2 of the Fair Work Act 2009. A summary of the leave entitlements from the NES are set out in Part 5 of this agreement. For the purposes of the NES the following is a summary of the general provisions that apply.
The National Employment Standards. The National Employment Standards (NES) as contained in Part 2-2 the FW Act are the minimum entitlements to which an Employee covered by this Agreement is entitled to. This Agreement may provide ancillary or supplementary terms in respect of the NES.
The National Employment Standards. (NES) is a set of legislated minimum employment entitlements under the FW Act. 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.
The National Employment Standards. (i) It is the intention of this Agreement that the “National Employment Standards”, as it may be varied from time to time, shall apply to the employees the subject of this Agreement. Any provisions of the “National Employment Standards” that are also referred to or set out in this Agreement are for the ease of the parties.
(ii) Where the “National Employment Standards” provides, or is varied to provide, a condition or entitlement more favourable to the employee in a particular respect than that set out in this Agreement, the better entitlement will apply.
(iii) The minimum guarantees provided by the “National Employment Standards” will override less favourable provisions in this Agreement.
(iv) Where this Agreement provides a condition or entitlement more favourable to the employee than that provided by the National Employment Standards the better entitlement will apply.
The National Employment Standards. 45.1 It is the intention of this Agreement that the NES, as it may be varied from time to time, shall apply to the employees the subject of this Agreement. Any provisions of the NES that are also referred to or set out in this Agreement are for the ease of the parties.
45.2 Where the NES provides, or is varied to provide, a condition or entitlement more favourable to the employee in a particular respect than that set out in this Agreement, the better entitlement will apply.
45.3 The minimum guarantees provided by the NES will override less favourable provisions in this Agreement.
The National Employment Standards. 6.1 The National Employment Standards together with this Agreement contain the minimum conditions of employment for employees covered by the Agreement. The National Employment Standards (“the NES”) is a set of legislated minimum employment entitlements.
6.2 In summary, the NES currently provides the following: An average of 38 ordinary hours of work per week for full-time employees; An employee with 12 months’ service has a right to up to 12 months unpaid parental leave and the right to request an additional period of up to 12 months parental leave. The Employer can refuse the request for additional parental leave on reasonable business grounds; Four weeks’ annual leave per annum for weekly employees with an additional week for certain continuous shift workers; Ten days’ per annum paid personal/carer’s leave for full-time employees, and pro-rata for part-time employees; 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; Paid jury service leave and unpaid leave for eligible community service activities; Long service leave; Public holidays; Notice of termination and redundancy pay, subject to certain exclusions; and The provision of a Fair Work Information Statement to new employees.
6.3 No term of this Agreement will operate to exclude the NES or any provision of the NES, or be detrimental to an employee in any respect when compared with the NES.
The National Employment Standards. In the event of a dispute about a By-law issued under the PSEM Act, clauses 13.6 and 13.7 will apply. An employee who has a grievance about their treatment in employment can choose, as an alternative, to have the decision reviewed in accordance with section 59 of the PSEM Act. General
(a) A party to a dispute may appoint another person, organisation or association to accompany or represent them at any stage of the dispute. Representatives will be recognised and dealt with in good faith.
(b) The parties to a dispute must genuinely attempt to resolve the dispute through the processes set out in this clause and must cooperate to ensure that these processes are carried out expeditiously.
