Common use of Application of the Agreement Clause in Contracts

Application of the Agreement. 3.1 Where any Agreement signed by the Union and NECA or signed by the Union and the client of the Company exists, that provides better wages and conditions than those contained in this Agreement, then those higher rates and conditions shall apply in addition to this Agreement to the extent of any inconsistency in respect of works by the employees of the Company for that client. 3.2 If the Company intends to enter into a contract and/or be engaged to provide services and/or perform work at an Engineering Construction Project where no current site agreement exists, the Company agrees to negotiate with the Union a specific site agreement (“the site agreement”). This Agreement shall have no effect to the extent of any inconsistency with the site agreement, so that the site agreement takes precedence over this Agreement to the extent of any inconsistency. The site agreement must be agreed upon by the Company and the Union prior to the commencing work in respect of the Engineering Construction Project. This will not apply if the Union and the Company or its client are party to an existing current agreement specific to the site which terms and conditions shall not be less than those contained in this Agreement. 3.3 Where any signed agreement in relation to ordinary hours of work between the Union and another Company (or Companies) currently applies or previously applied at a site or workplace at which the Company takes over an existing contract, begins a new contract and/or is engaged to perform and provide services, and that agreement provides more beneficial ordinary hours of work to employees than those contained in this Agreement, then those more beneficial ordinary hours of work shall apply to the employees and this Agreement shall have no effect to the extent of any inconsistency. 3.4 Any agreements so made as outlined above, will not affect the binding effect of this Agreement and are to be read in conjunction with this Agreement. 3.5 The Company shall ensure that prior to commencement with the Company, any prospective employees shall be provided with this Agreement in full and alerted in particular to the clause relating to Union representation and the fact that this Agreement is binding on all parties. 3.6 As from the date of certification of this Agreement, the Company shall not employ or offer to employ any employee under any form of individual contract or workplace agreement. At all times, the terms and conditions contained in this Agreement will apply as a minimum. 3.7 Any existing employment conditions or entitlements that are superior to those contained in this Agreement will continue to apply unless otherwise agreed by the parties. 3.8 The parties to this Agreement shall apply the conditions as applicable contained in:

Application of the Agreement. 3.1 Where any Agreement signed by the Union and NECA or signed by the Union and the client of the Company exists, that provides better wages and conditions than those contained in this Agreement, then those higher rates and conditions shall apply in addition to this Agreement to the extent of any inconsistency in respect of works by the employees of the Company for that client.than 3.2 If the Company intends to enter into a contract and/or be engaged to provide services and/or perform work at an Engineering Construction Project where no current site agreement exists, the Company agrees to negotiate with the Union a specific site agreement (“the site agreement”). This Agreement shall have no effect to the extent of any inconsistency with the site agreement, so that the site agreement takes precedence over this Agreement to the extent of any inconsistency. The site agreement must be agreed upon by the Company and the Union prior to the commencing work in respect of the Engineering Construction Project. This will not apply if the Union and the Company or its client are party to an existing current agreement specific to the site which terms and conditions shall not be less than those contained in this Agreement. 3.3 Where any signed agreement in relation to ordinary hours of work between the Union and another Company (or Companies) currently applies or previously applied at a site or workplace at which the Company takes over an existing contract, begins a new contract and/or is engaged to perform and provide services, and that agreement provides more beneficial ordinary hours of work to employees than those contained in this Agreement, then those more beneficial ordinary hours of work shall apply to the employees and this Agreement shall have no effect to the extent of any inconsistency. 3.4 Any agreements so made as outlined above, will not affect the binding effect of this Agreement and are to be read in conjunction with this Agreement. 3.5 The Company shall ensure that prior to commencement with the Company, any prospective employees shall be provided with this Agreement in full and alerted in particular to the clause relating to Union representation and the fact that this Agreement is binding on all parties. 3.6 As from the date of certification of this Agreement, the Company shall not employ or offer to employ any employee under any form of individual contract or workplace agreement. At all times, the terms and conditions contained in this Agreement will apply as a minimum. 3.7 Any existing employment conditions or entitlements that are superior to those contained in this Agreement will continue to apply unless otherwise agreed by the parties. 3.8 The parties to this Agreement shall apply the conditions as applicable contained in:

Application of the Agreement. 3.1 Where any Agreement signed by the Union and NECA or signed by the Union and the client of the Company exists, that provides better wages and conditions than those contained in this Agreement, then those higher rates and conditions shall apply in addition to this Agreement to the extent of any inconsistency in respect of works by the employees of the Company for that client.by 3.2 If the Company intends to enter into a contract and/or be engaged to provide services and/or perform work at an Engineering Construction Project where no current site agreement exists, the Company agrees to negotiate with the Union a specific site agreement (“the site agreement”). This Agreement shall have no effect to the extent of any inconsistency with the site agreement, so that the site agreement takes precedence over this Agreement to the extent of any inconsistency. The site agreement must be agreed upon by the Company and the Union prior to the commencing work in respect of the Engineering Construction Project. This will not apply if the Union and the Company or its client are party to an existing current agreement specific to the site which terms and conditions shall not be less than those contained in this Agreement. 3.3 Where any signed agreement in relation to ordinary hours of work between the Union and another Company (or Companies) currently applies or previously applied at a site or workplace at which the Company takes over an existing contract, begins a new contract and/or is engaged to perform and provide services, and that agreement provides more beneficial ordinary hours of work to employees than those contained in this Agreement, then those more beneficial ordinary hours of work shall apply to the employees and this Agreement shall have no effect to the extent of any inconsistency. 3.4 Any agreements so made as outlined above, will not affect the binding effect of this Agreement and are to be read in conjunction with this Agreement. 3.5 The Company shall ensure that prior to commencement with the Company, any prospective employees shall be provided with this Agreement in full and alerted in particular to the clause relating to Union representation and the fact that this Agreement is binding on all parties. 3.6 As from the date of certification of this Agreement, the Company shall not employ or offer to employ any employee under any form of individual contract or workplace agreement. At all times, the terms and conditions contained in this Agreement will apply as a minimum. 3.7 Any existing employment conditions or entitlements that are superior to those contained in this Agreement will continue to apply unless otherwise agreed by the parties. 3.8 The parties to this Agreement shall apply the conditions as applicable contained in:

Application of the Agreement. 3.1 Where any Agreement signed by the Union and NECA or signed by the Union and the client of the Company exists, that provides better wages and conditions than those contained in this Agreement, then those higher rates and conditions shall apply in addition to this Agreement to the extent of any inconsistency in respect of works by the employees of the Company for that client.apply 3.2 If the Company intends to enter into a contract and/or be engaged to provide services and/or perform work at an Engineering Construction Project where no current site agreement exists, the Company agrees to negotiate with the Union a specific site agreement (“the site agreement”). This Agreement shall have no effect to the extent of any inconsistency with the site agreement, so that the site agreement takes precedence over this Agreement to the extent of any inconsistency. The site agreement must be agreed upon by the Company and the Union prior to the commencing work in respect of the Engineering Construction Project. This will not apply if the Union and the Company or its client are party to an existing current agreement specific to the site which terms and conditions shall not be less than those contained in this Agreement. 3.3 Where any signed agreement in relation to ordinary hours of work between the Union and another Company (or Companies) currently applies or previously applied at a site or workplace at which the Company takes over an existing contract, begins a new contract and/or is engaged to perform and provide services, and that agreement provides more beneficial ordinary hours of work to employees than those contained in this Agreement, then those more beneficial ordinary hours of work shall apply to the employees and this Agreement shall have no effect to the extent of any inconsistency. 3.4 Any agreements so made as outlined above, will not affect the binding effect of this Agreement and are to be read in conjunction with this Agreement. 3.5 The Company shall ensure that prior to commencement with the Company, any prospective employees shall be provided with this Agreement in full and alerted in particular to the clause relating to Union representation and the fact that this Agreement is binding on all parties. 3.6 As from the date of certification of this Agreement, the Company shall not employ or offer to employ any employee under any form of individual contract or workplace agreement. At all times, the terms and conditions contained in this Agreement will apply as a minimum. 3.7 Any existing employment conditions or entitlements that are superior to those contained in this Agreement will continue to apply unless otherwise agreed by the parties. 3.8 The parties to this Agreement shall apply the conditions as applicable contained in:

Application of the Agreement. 3.1 Where any Agreement signed by the Union and NECA or signed by the Union and the client of the Company exists, that provides better wages and conditions than those contained in this Agreement, then those higher rates and conditions shall apply in addition to this Agreement to the extent of any inconsistency in respect of works by the employees of the Company for that client. 3.2 If the Company intends to enter into a contract and/or be engaged to provide services and/or perform work at an Engineering Construction Project where no current site agreement exists, the Company agrees to negotiate with the Union a specific site agreement (“the site agreement”). This Agreement shall have no effect to the extent of any inconsistency with the site agreement, so that the site agreement takes precedence over this Agreement to the extent of any inconsistency. The site agreement must be agreed upon by the Company and the Union prior to the commencing work in respect of the Engineering Construction Project. This will not apply if the Union and the Company or its client are party to an existing current agreement specific to the site which terms and conditions shall not be less than those contained in this Agreement.those 3.3 Where any signed agreement in relation to ordinary hours of work between the Union and another Company (or Companies) currently applies or previously applied at a site or workplace at which the Company takes over an existing contract, begins a new contract and/or is engaged to perform and provide services, and that agreement provides more beneficial ordinary hours of work to employees than those contained in this Agreement, then those more beneficial ordinary hours of work shall apply to the employees and this Agreement shall have no effect to the extent of any inconsistency. 3.4 Any agreements so made as outlined above, will not affect the binding effect of this Agreement and are to be read in conjunction with this Agreement. 3.5 The Company shall ensure that prior to commencement with the Company, any prospective employees shall be provided with this Agreement in full and alerted in particular to the clause relating to Union representation and the fact that this Agreement is binding on all parties. 3.6 As from the date of certification of this Agreement, the Company shall not employ or offer to employ any employee under any form of individual contract or workplace agreement. At all times, the terms and conditions contained in this Agreement will apply as a minimum. 3.7 Any existing employment conditions or entitlements that are superior to those contained in this Agreement will continue to apply unless otherwise agreed by the parties. 3.8 The parties to this Agreement shall apply the conditions as applicable contained in:

Application of the Agreement. 3.1 Where any Agreement signed by the Union and NECA or signed by the Union and the client of the Company exists, that provides better wages and conditions than those contained in this Agreement, then those higher rates and conditions shall apply in addition to this Agreement to the extent of any inconsistency in respect of works by the employees of the Company for that client.than 3.2 If the Company intends to enter into a contract and/or be engaged to provide services and/or perform work at an Engineering Construction Project where no current site agreement exists, the Company agrees to negotiate with the Union a specific site agreement (“the site agreement”). This Agreement shall have no effect to the extent of any inconsistency with the site agreement, so that the site agreement takes precedence over this Agreement to the extent of any inconsistency. The site agreement must be agreed upon by the Company and the Union prior to the commencing work in respect of the Engineering Construction Project. This will not apply if the Union and the Company or its client are party to an existing current agreement specific to the site which terms and conditions shall not be less than those contained in this Agreement. 3.3 Where any signed agreement in relation to ordinary hours of work between the Union and another Company (or Companies) currently applies or previously applied at a site or workplace at which the Company takes over an existing contract, begins a new contract and/or is engaged to perform and provide services, and that agreement provides more beneficial ordinary hours of work to employees than those contained in this Agreement, then those more beneficial ordinary hours of work shall apply to the employees and this Agreement shall have no effect to the extent of any inconsistency. 3.4 Any agreements so made as outlined above, will not affect the binding effect of this Agreement and are to be read in conjunction with this Agreement. 3.5 The Company shall ensure that prior to commencement with the Company, any prospective employees shall be provided with this Agreement in full and alerted in particular to the clause relating to Union representation and the fact that this Agreement is binding on all parties. 3.6 As from the date of certification of this Agreement, the Company shall not employ or offer to employ any employee under any form of individual contract or workplace agreement. At all times, the terms and conditions contained in this Agreement will apply as a minimum. 3.7 Any existing employment conditions or entitlements that are superior to those contained in this Agreement will continue to apply unless otherwise agreed by the parties. 3.8 The parties to this Agreement shall apply the conditions as applicable contained in: