AP789529CRV - Metal, Engineering and Associated Industries Award 1998
12.1 Agricultural Implement Makers - Part III shall not apply to employers who are parties to and bound Clause 10 of Schedule C of Part I.
12.2 Part III shall not apply to the Smithtown, New South Wales factory of The Nestle Company (Australia) Limited provided that the company observes the conditions which were operating at its factory on 13 September 1968, with respect to rates of pay, roster conditions, annual leave, payment for work done on holidays.
12.3 Part III of this award shall not apply to the Shell Company of Australia Limited as to its operations in New South Wales.
12.4 Part III of this award shall not apply to employers who are parties to and bound by the award known as the Federal Vehicle Industry Award, 1982 or any future award or agreement made in the vehicle industry.
12.5 Australian Titan Products Pty Ltd as to its operations at Heybridge, Tasmania.
12.6 The Phosphate Co-Operative Company of Australia shall be bound by clause 9.2 of this Part, but in lieu of all other rates and conditions of employment shall observe the rates and conditions of the Artificial Fertilisers and Chemical Workers Award of 1976 as varied from time to time or any subsequent award made to cover the industry.
12.7 Australian Portland Cement Limited shall not be bound by this Part as to its operations at Kandos and Berrima, New South Wales.
12.8 Part III of this Award shall not apply to Monsanto Australia Limited in respect of its West Footscray plant operations to the extent that the terms and provision of this Part may be inconsistent with any of the terms and provisions of the Monsanto Australia Limited West Footscray Plant (Hours of Work) Award 1982.
12.9 Part III of this Award shall not apply to Kellogg (Aust) Pty Ltd as to its New South Wales operations which are covered by the Kellogg (Aust) Pty Ltd (Cereal Division) Trade Agreement, or its employees who are employed in any of the classifications contained in this Part, so long as there is in operation an industrial agreement registered in the Industrial Commission of New South Wales; provided however that the terms and conditions of this Part shall apply in the event of the industrial agreement being cancelled or to employees, members of any organisation which retire from the said agreement.
12.10 The provisions of Schedule A of Part III shall apply to employees of NSW Sugar Milling Co-operative Ltd - Harwood, Broadwater and Condong in lieu of the wages and all-purpose allowances prescribed by clauses 9.3 and 9.4 of this Part.
