I was on the understanding that all matters that weren’t allowable were removed from EAs a number of years ago. We used to have a number of ‘letters of agreement’ that sat beside our award but when FWA came in many of these items were either included in the EA or deemed not allowable and removed.
Thus, everything in the award is allowable including the notion of who is made CR first.
For the avoidance of doubt, non allowable term can be
found here.
I’m not sure what the ‘industrial court’ is you’re referring to Xeptu. The LHEA is a national award and overseen by Fairwork Australia. They’re the ones that rule on all matters relating to it. What is this ‘industrial court’ you speak of? NSW has the NSW IR commission but it overseas the state awards of things like NSW coppers, nurses, ambos, public service, etc.