Base rates of pay in a modern award override lesser entitlements in an agreement or contract of employment at all times, including agreements and contracts that were made before 1 January 2010.
However, the penalty rates and allowances in the modern award do not apply to agreement-covered employees, unless the agreement is read in conjunction with the modern award. Where both an agreement-based transitional instrument and the modern award apply, the agreement prevails over the modern award to the extent of any inconsistency.
Penalty rates and allowances in a modern award will override a contract of employment.
Where there is no relevant modern award, pay rates in the agreement need to be at least in line with the applicable pre-modern award, or where none exists, the national minimum wage.