RELATIONSHIP WITH OTHER AWARDS, AGREEMENTS AND POLICIES

COLLECTIVE WORKPLACE AGREEMENT 2006–2008, CLAUSE A5 RELATIONSHIP WITH OTHER AWARDS, AGREEMENTS AND POLICIES

A5.1 [Awards and Agreements] This Agreement constitutes a comprehensive and closed Agreement and operates to the exclusion of and wholly replaces any existing or future awards or agreements which may otherwise, but for this clause, apply to those staff whose employment falls within the scope of this Agreement.

A5.2 For the avoidance of doubt, the terms of this Agreement prevail over any employment related provisions in the Flinders University of South Australia Act, 1966 or Statute pursuant to that Act.

A5.3 [Exclusion of Protected Award Conditions] For the avoidance of doubt, this Agreement expressly excludes all Protected Award Conditions including: rest breaks; incentive-based payments and bonuses; annual leave loadings; observance of days declared by or under a law of a State or Territory to be observed generally within that State or Territory, or a region of that State or Territory, as public holidays by employees who work in that State, Territory or region, and entitlements of employees to payment in respect of those days (or days to be substituted for, or a procedure for substituting, such days); monetary allowances for expenses incurred in the course of employment, or responsibilities or skills that are not taken into account in rates of pay for employees, or disabilities associated with the performance of particular tasks or work in particular conditions or locations;  loadings for working overtime or for shift work; penalty rates; outworker conditions; and any other matter specified in the Workplace Relations Regulations (Commonwealth) as varied from time to time.

A5.4 [Australian Workplace Agreements (AWAs)] At the time of offering an AWA, the University will offer a genuine and informed choice between an AWA and this Agreement. 

Where the University enters into an Australian Workplace Agreement (AWA) with a staff member, such AWA will either operate to the exclusion of this Agreement or prevail over the terms of this Agreement to the extent of any inconsistency, as specified in each AWA.

A5.5 [Bargaining agent and consideration timeframe] At the time of offering an AWA, the University will advise of the right to appoint a bargaining agent and will allow at least seven (7) days for a staff member to consider the AWA.