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7A.4 This clause will not operate, in any way, to diminish <strong>the</strong> Commissioner’s statutory powers<br />

under <strong>the</strong> PSEM Act.<br />

7B. Modern Enterprise Award<br />

7B.1 The parties acknowledge that:<br />

(a)<br />

(b)<br />

(c)<br />

pre-reform awards underpin <strong>the</strong> conditions in this Agreement;<br />

those pre-reform awards will expire on 31 December 2013; <strong>and</strong><br />

any application to create a modern enterprise award to replace <strong>the</strong> pre-reform awards<br />

must be made with FWA before that date.<br />

7B.2 The parties agree to discuss, during <strong>the</strong> life <strong>of</strong> this Agreement, <strong>the</strong> options for <strong>the</strong><br />

replacement <strong>of</strong> pre-reform awards, including <strong>the</strong> option <strong>of</strong> applying to FWA for <strong>the</strong> creation<br />

<strong>of</strong> a modern enterprise award or awards.<br />

8. Anti-Discrimination<br />

It is <strong>the</strong> intention <strong>of</strong> <strong>the</strong> Parties to this Agreement to respect <strong>and</strong> value <strong>the</strong> diversity <strong>of</strong> <strong>the</strong><br />

work force by helping to prevent <strong>and</strong> eliminate discrimination on <strong>the</strong> basis <strong>of</strong> race, colour,<br />

sex, sexual preference, age, physical or mental disability, marital status, family <strong>and</strong> carer’s<br />

responsibilities, pregnancy, religion, political opinion, national extraction or social origin.<br />

9. Variation<br />

This Agreement may only be varied in accordance with <strong>the</strong> FW Act.<br />

10. No Extra Claims<br />

10.1 This Agreement constitutes a final settlement <strong>of</strong> <strong>the</strong> parties’ claims, <strong>and</strong> toge<strong>the</strong>r with <strong>the</strong><br />

PSEM Act, is intended to set out, or set out processes for determining, all <strong>the</strong> terms <strong>and</strong><br />

conditions <strong>of</strong> employment <strong>of</strong> <strong>the</strong> Employees who will be subject to this Agreement, until its<br />

expiry.<br />

10.2 The parties agree that <strong>the</strong>y will not make any extra claims in relation to Employee terms <strong>and</strong><br />

conditions <strong>of</strong> employment in operation for <strong>the</strong> period <strong>of</strong> this Agreement, o<strong>the</strong>r than those<br />

matters specifically provided for review or examination in this Agreement.<br />

10.3 Negotiations for Replacement Agreement<br />

7<br />

NTPS NURSES AND MIDWIVES’ 2011-2014 Enterprise Agreement

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