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 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 92 contracts

Sources: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement

Relationship to the Award and the NES. 5.1 Subject to This Agreement incorporates the Award, provided that this clause, Agreement will prevail over the Award to the extent of any inconsistencies. Inconsistency will not arise simply because the Award provides a more beneficial entitlement to an Employee that is incorporated into and forms part of contained in 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 Certain provisions of this Agreement and may adjunct the NES but nothing in this Agreement will operate so as to provide a detrimental outcome for the Employees as compared to an entitlement under the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.

Appears in 1 contract

Sources: Enterprise Agreement