PROTECTED NOTIONAL CONDITIONS. 4.1. This agreement shall form the complete agreement covering all terms and conditions of employment. It shall operate to the exclusion of any and all awards and supersedes any previous arrangements or agreements. Subject to clause 4.2 this Agreement totally excludes all Protected Notional Conditions as prescribed by Schedule 8, clause 52 of the Workplace Relations Act 1996 however so described or determined by a relevant court or tribunal of competent jurisdiction including overtime, annual leave loadings, rest breaks, penalty rates , all monetary allowances, including expense related, responsibility and disability allowances, meal allowances, incentive-based payments and bonuses, outworker conditions, and shift penalties. In addition, this agreement shall also expressly exclude all Protected Award Conditions as prescribed by section 354 of the Workplace Relations Act 1996, which may apply as a result of an order of the Commission under Part 10, Division 6 and or Division 7 of the Workplace Relations Act 1996. 4.2. Despite clause 4.1 and subject to the conditions contained in this agreement, an employee is entitled to the following Protected Notional Conditions: (a) Observance of days declared as Public Holidays in Queensland, for Queensland or a region of Queensland; and (b) Days to be substituted for or a procedure for substituting Public Holidays.
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