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

Relationship to the Award and the NES. (a) This Agreement incorporates the Award, provided that this Agreement will prevail over the Award to the extent of any Inconsistency. An Inconsistency will not arise simply because the Award provides a more beneficial entitlement to an Employee than that contained in this Agreement. (b) This Agreement operates in conjunction with the NES. Certain provisions of this Agreement may supplement the NES but nothing in this Agreement will operate so as to provide a detrimental outcome for Employees as compared to an entitlement under the NES. (c) For the avoidance of doubt the Company will ensure that no Employee will lose any entitlements that they may currently have arising out of any Industrial Instrument.