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					Vol. 346, Part 3   3 September 2004                   Pages 211 - 318




                   NEW SOUTH WALES
     INDUSTRIAL GAZETTE


                                         Printed by the authority of the
                                       Industrial Registrar
                                      50 Phillip Street, Sydney, N.S.W.




ISSN 0028-677X
                                            CONTENTS
                              Vol. 346, Part 3                3 September 2004

                                            Pages 211 - 318

                                                                                            Page

Awards and Determinations -

    Awards Made or Varied -

          Advertising Sales Representatives (Sydney Daily Newspapers)             (RVIRC)    268
          Breeding and Raising of Pigs, &c., Employees (State)                    (RVIRC)    271
          Coal Services Pty Limited Award 1999                                    (RVIRC)    277
          Crown Employees (Services Officers - Department of Tourism, Sport and
                 Recreation)                                                       (VIRC)    302
          Health Employees' (State)                                               (RVIRC)    274
          Health Managers (State)                                                 (RVIRC)    269
          Independent Commission Against Corruption                                (AIRC)    227
          John Holland Pty Ltd John Hunter Hospital Access Strategy Building
                 Project Award 2004                                               (AIRC)     246
          Miscellaneous Workers Home Care Industry (State)                        (VIRC)     300
          Principals (Archdiocese of Sydney and Dioceses of Broken Bay and
                 Parramatta) (State) Award 2000                                   (VIRC)     294
          Principals (Country and Regional Dioceses) (State) Award 2000           (VIRC)     297
          Public Hospitals Dental Staff (State)                                    (ERR)     308
          Rinker Group t/as Readymix Holdings Pty Limited Newcastle Transport
                 (State) Award 2002                                               (RIRC)     211



Obsolete Awards -

          155 Macquarie Street Project                                                       310
          Australian Broadcasting Corporation Sydney Accommodation Project                   309
          Pathology Services Pty Ltd Interim                                                 311
          Peabody Resources Limited Site Consent Award 2000                                  313
          St Vincent's Hospital Redevelopment New Xavier Building Project                    312


Enterprise Agreements Approved by the Industrial Relations Commission                        314
N.S.W. INDUSTRIAL GAZETTE - Vol. 346                                                    3 September 2004

(1605)                                                                                  SERIAL C2727

         RINKER GROUP TRADING AS READYMIX HOLDINGS PTY
         LIMITED NEWCASTLE TRANSPORT (STATE) AWARD 2002
                  INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

                                             (No. IRC 1166 of 2004)

Before The Honourable Mr Deputy President Harrison                                           3 May 2004

                                           REVIEWED AWARD

                                             1. Title of Award

This Award shall be known as Rinker Group T/A Readymix Holdings Pty Limited Newcastle Transport (State)
Award 2002.

                                              2. Arrangement

                                       Clause No.       Subject Matter

                                                1.      Title Of Award
                                                2.      Arrangement
                                                3.      The Enterprise(s)
                                                4.      Parties To The Award
                                                5.      Relationship To Parent Awards
                                                6.      Term Of Award
                                                7.      No Extra Claims
                                                8.      Review Of Award
                                                9.      Cleanliness
                                                10.     Daily Drivers Sheets
                                                11.     Utilisation & Quality
                                                12.     Allocation Of Work
                                                13.     Sick Leave
                                                14.     Personal / Carer’s Leave
                                                15.     Awareness Training
                                                16.     Disputes Procedure
                                                17.     Alcohol
                                                18.     Remuneration Adjustment Stages
                                                19.     Anti-Discrimination
                                                20.     Aims And Objectives Of The Award
                                                21.     Ongoing Recognition And Commitment To Building
                                                        In Quality
                                                22.     Hours Of Work And Starting Times
                                                23.     Rostered Days Off
                                                24.     Over-Time
                                                25.     Uniforms
                                                26.     Flexible Duties
                                                27.     Meal Breaks
                                                28.     Vehicle And Plant Maintenance
                                                29.     Allowance
                                                30.     Casual Minimum Start
                                                31.     Training And Education
                                                32.     Inter-Site Flexibility

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N.S.W. INDUSTRIAL GAZETTE - Vol. 346                                                      3 September 2004

                                               33.    Staff To Fill In On A Limited Basis
                                               34.    Data Entry
                                               35.    Consideration Of Annualised Salaries
                                               36.    The Business Unit
                                               37.    Business Unit Consultative Team
                                               38.    Composition Of The Consultative Team
                                               39.    Term Of Office
                                               40.    Team Training
                                               41.    Team Meetings
                                               42.    Team Meetings - Team Leader
                                               43.    Team Meetings - Minute Taker
                                               44.    Team Meetings - Agenda
                                               45.    Team Communication
                                               46.    Continuous Improvement

                                       Annexure A - Sites Covered
                             Annexure B - Remuneration Rates And Allowances
                                 Annexure C - Drug And Alcohol Policy
                                   Annexure D - Summary Of Meeting
                                    Annexure E - Agenda For Meeting


                                           3. The Enterprise(s)

This Award shall apply at sites operated by Rinker Group T/A Readymix Holdings Pty Limited Newcastle and
Central Coast which are set out in Annexure A in respect of employees covered by the following awards:

(a)   Transport Industry Quarried Materials (State) Award;

(b)   Transport Industry Mixed Enterprises (State) Award;


                                         4. Parties to the Award

This Award shall be binding on:

(a)   RINKER GROUP T/A READYMIX HOLDINGS PTY LIMITED Country East (Newcastle and
      Central Coast) at sites set out in Annexure "A" to this Award (hereafter "the Company").

(b)   The Transport Workers Union of New South Wales


                                    5. Relationship to Parent Awards

5.1   This Award shall be read and construed in conjunction with the following awards:

      (a)    Transport Industry Quarried Materials (State) Award; and

      (b)    Transport Industry Mixed Enterprises (State) Award;

5.2   Where there is inconsistency between the awards in 1 above and this award, this award shall prevail to
      the extent of the inconsistency.


                                            6. Term of Award

This Award shall come into operation on and from the first full pay period to commence on or after 24 July
2003 and shall remain in force for a term of 2 years.

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N.S.W. INDUSTRIAL GAZETTE - Vol. 346                                                            3 September 2004

                                                7. No Extra Claims

Except for general movements in award wages granted by the Industrial Relations Commission of New South
Wales via State Wage Cases that are not subject to absorption, there shall be no further claims for remuneration
increases during the term of this award.
                                            8. Review of Award

The parties agree to review this award no later than twelve weeks prior to the end of its term. in the context of
this review, the parties shall examine both the operation of the award and the possibilities of entering into a
further award, based on continuous improvement and other agreed measures.

                                                   9. Cleanliness

Truck and personal cleanliness are the responsibility of drivers. To this end all drivers shall maintain their
vehicles in a clean and tidy state to a standard acceptable to the employer. Company issued uniforms must be
worn as directed by the employer.

                                             10. Daily Drivers Sheets

Drivers shall continue to fill in daily drivers sheets as applicable.

                                             11. Utilisation & Quality

Drivers shall co-operate with Company initiatives to improve utilisation rates and reduce costs. To this end
drivers shall be actively involved in maintaining a proactive tyre maintenance program. Drivers shall record
and undertake all preventative maintenance as required.

As a part of ensuring continued quality control all slumps are to be delivered to site at the specified slump
(within the drivers control) as indicated on the concrete delivery docket.

                                              12. Allocation of Work

Drivers in consultation with the Company shall allocate their own work if required. (Aggregate and Cement
only).

                                                   13. Sick Leave

A Doctors certificate is to be produced if a sick day is taken on either side of a long weekend, RDO’s or annual
leave.

In the event that the Company identifies individuals with an absenteeism problem, the Company may require the
individuals concerned to produce a doctors certificate as part of the counselling and disciplinary procedure. In
any event no employee is to take more than two (2) single days absences without satisfactory proof of illness.

                                           14. Personal/Carer’s Leave

14.1   Use of Sick Leave -

       (a)     An employee other than a casual employee, with responsibilities in relation to a class of person
               set out in subparagraph (ii) of paragraph (c), who needs the employee’s care and support, shall be
               entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement,
               for absences to provide care and support, for such persons when they are ill. Such leave may be
               taken for part of a single day.

       (b)     The employee shall, if required, establish either by production of a medical certificate or statutory
               declaration, the illness of the person concerned and that the illness is such as to require care by
               another person. In normal circumstances, an employee must not take carer’s leave under this
               subclause where another person has taken leave to care for the same person.

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N.S.W. INDUSTRIAL GAZETTE - Vol. 346                                                           3 September 2004

       (c)    The entitlement to use sick leave in accordance with this subclause is subject to:

              (i)     the employee being responsible for the care of the person concerned; and

              (ii)    the person concerned being:

                      A.     a spouse of the employee; or

                      B.     a de facto spouse, who in relation to a person, is a person of the opposite sex to the
                             first mentioned person who lives with the first mentioned person as the husband or
                             wife of that person on a bona fide domestic basis although not legally married to
                             that person; or

                      C.     a child or an adult child (including an adopted child, a step child, a foster child or
                             an ex nuptial child), parent (including a foster parent and legal guardian),
                             grandparent, grandchild or sibling of the employee or spouse or defacto spouse of
                             the employee; or

                      D.     a same sex partner who lives with the employee as the defacto partner of that
                             employee on a bona fide domestic basis; or

                      E.     a relative of the employee who is a member of the same household, where for
                             purposes of this subparagraph:

                             (1)    "relative" means a person related by blood, marriage or affinity;

                             (2)    "affinity" means a relationship that one (1) spouse because of marriage has
                                    to blood relatives of the other; and

                             (3)    "household" means a family group living in the same domestic dwelling.

14.2   Unpaid Leave for Family Purposes

       An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of
       providing care and support to a member of a class of person set out in subparagraph (i) of paragraph (c)
       of subclause (1) who is ill.

14.3   Annual Leave

       (a)    An employee may elect with the consent of the employer, subject to the Annual Holiday’s Act
              1944, to take annual leave not exceeding five (5) days in single day periods or part thereof, in any
              calendar year at a time or times agreed by the parties.

       (b)    Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be inclusive of any
              shutdown period provided for elsewhere under this award.

       (c)    An employee and employer may agree to defer payment of the annual leave loading in respect of
              single day absences, until at least five (5) consecutive annual leave days are taken.

14.4   Make-up Time

       (a)    An employee may elect, with the consent of the employer, to work "make-up time", under which
              the employee takes time off ordinary hours, and works those hours at a later time, during the
              spread of ordinary hours provided in the award, at the ordinary rate of pay.

       (b)    An employee may elect, with the consent of the employer, to work "make-up time" (under which
              the employee takes time off ordinary hours and works those hours at a later time), at the shift
              work rate which would have been applicable to the hours taken off.

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14.5   Rostered Days Off

       (a)    An employee may elect, with the consent of the employer, to take a rostered day off at any time.

       (b)    An employee may elect, with the consent of the employer, to take rostered days off in part day
              amounts.

       (c)    An employee may elect, with the consent of the employer, to accrue some or all rostered days off
              for the purpose of creating a bank to be drawn upon at a time mutually agreed between the
              employer and employee, or subject to reasonable notice by the employee or employer.

       (d)    This subclause is subject to the employer informing the union where it has members employed at
              the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and
              providing a reasonable opportunity for the union to participate in negotiations.

                                            15. Awareness Training

All employees covered by this award shall be provided with general awareness training on enterprise
bargaining.

The content and providers of this training shall be mutually acceptable to the parties to this award.

Wherever practicable awareness training will be conducted in ordinary time hours.

The Company shall pay for the awareness training and employees shall be paid in accordance with the relevant
parent award while attending such training.

The duration and timing of the training sessions should be structured so as to minimise their effect on the
continuous operation of the Company’s activities and customer service.

                                            16. Disputes Procedure

16.1   Procedures relating to grievances of individual employees:

       (a)    The employee is required to notify (in writing or otherwise) the employer as to the substance of
              the grievance, request a meeting with the employer for bilateral discussions and state the remedy
              sought.

       (b)    A grievance must initially be dealt with as close to its source as possible, with graduated steps for
              further discussion and resolution at higher levels of authority.

       (c)    Reasonable time limits (48 hours) must be allowed for discussion at each level of authority.

       (d)    At the conclusion of the discussion, the employer must provide a response to the employee’s
              grievance, if the matter has not been resolved it shall be referred to the Industrial Relations
              Commission for resolution.

       (e)    While a procedure is being followed, normal work must continue.

       (f)    The employee may be represented by an industrial organisation of employees.

16.2   Procedures relating to disputes etc, between employers and their employees:

       (a)    A question, dispute or difficulty must initially be dealt with as close to its source as possible, with
              graduated steps for further discussion and resolution at higher levels of authority.

       (b)    Reasonable time limits (48 hours) must be allowed for discussion at each level of authority.


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N.S.W. INDUSTRIAL GAZETTE - Vol. 346                                                          3 September 2004

       (c)    While a procedure is being followed, normal work must continue.

       (d)    The employee may be represented by an industrial organisation of employees for the purpose of
              each procedure.

16.3   Where there is a dispute between the parties over the application or interpretation of this Award, the
       parties agree that regard may be had to extraneous material including, but not limited to, the following:

       (a)    CSR Ltd t/a The Readymix Group - Newcastle Transport (State) Award 1996;

       (b)    CSR Ltd t/a The Readymix Group - Newcastle Tranport (State) Award 1998; and

       (c)    CSR Ltd t/a The Readymix Group - Newcastle Tranport (State) Award 2000.


                                                  17. Alcohol

All drivers will submit to a breath testing if the Employer has a reasonable suspicion that a driver is under the
influence of alcohol and/or involved in an accident of any kind. See drug and alcohol policy attached as
Annexure C.


                                    18. Remuneration Adjustment Stages

18.1   Remuneration is as detailed in Annexure B of this award.

18.2   This award shall be divided into two separate stages for remuneration increases:

       Stage 1: Upon expiry of the CSR Limited T/A Readymix Holdings Pty Limited - Newcastle Transport
       (State) Award 2000 a 3% increase shall be paid to employees the subject of this award.

       Stage 2: 12 months after the payment of Stage 1 above, a further 3% shall be paid to the employees the
       subject of this award.

18.3   Salary Sacrifice of Superannuation Contributions

       (a)    Remuneration may be made up entirely of wages or, at the option of an employee (other than a
              casual employee) and subject to the employer’s agreement, wages and a superannuation
              contribution to the CSR Australian Superannuation Fund (CSR Super).             Wages and
              Superannuation are the two components which will make up remuneration. The sum allocated to
              each component will be negotiated initially between the employer and the employee and
              thereafter renegotiated in accordance with this clause.

       (b)    Should the employer make a superannuation contribution in accordance with this clause, it shall
              not, to the extent of that contribution, be liable to pay wages to the employee under this award.

       (c)    The opportunity for an employee to initially negotiate the components of remuneration as per (a)
              above shall be in accordance with procedures determined by the employer and can only be
              changed in accordance with the company procedures during the period specified. Thereafter, the
              opportunity to renegotiate with the employer the components of remuneration as per (a) above
              shall be available once a year at a time and in accordance with procedures determined by the
              employer, and can only be changed in accordance with the Company procedures during the
              period specified. In the event that changes in legislation, the Income Tax Assessment Act, tax
              office rulings or determinations remove or alter the Company’s capacity to maintain the salary
              sacrificing arrangements pursuant to this agreement, the Company will be entitled to withdraw
              from these arrangements by giving notice to each affected employee.



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N.S.W. INDUSTRIAL GAZETTE - Vol. 346                                                             3 September 2004

                                             19. Anti-Discrimination

19.1   It is the intention of the parties bound by this award to seek to achieve the object in section 3 (f) of the
       Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes
       discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity,
       age and responsibilities as a carer.

19.2   It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this
       award the parties have obligations to take all reasonable steps to ensure that the operation of the
       provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent
       with the fulfilment of these obligations for the parties to make application to vary any provision of the
       award which, by its terms or operation, has a direct or indirect discriminatory effect.

19.3   Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee
       has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

19.4   Nothing in this clause is to be taken to affect:

       (a)    any conduct or act which is specifically exempted from anti-discrimination legislation;

       (b)    offering or providing junior rates of pay to persons under 21 years of age;

       (c)    any act or practice of a body established to propagate religion which is exempted under section
              56 (d) of the Anti-Discrimination Act 1977; or

       (d)    a party to this award from pursuing matters of unlawful discrimination in any State or Federal
              jurisdiction.

19.5   This clause does not create legal rights or obligations in addition to those imposed upon the parties by
       the legislation referred to in this clause.

                                     20. Aims and Objectives of the Award

20.1   Aims

       The parties to this award are committed to achieving in productivity, efficiency and flexibility, which in
       turn will significantly increase the Company’s competitiveness and offer secure and worthwhile
       employment for employees. The Company business needs to improve and grow so that it becomes
       internationally competitive.

       The Company has developed a vision of the type of business it wants and the elements necessary to
       transfer that vision to a reality.

       The critical elements are:

       (a)    a customer service focus;

       (b)    safe and rewarding work;

       (c)    continuous improvement;

       (d)    employee participation;

       (e)    a total quality culture;

       (f)    international competitiveness.



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20.2   Objectives

       (a)    To create a positive environment to introduce enterprise bargaining into the Company’s
              operations.

       (b)    To provide guidance and increase awareness about the enterprise bargaining process.

       (c)    To improve the efficiency and productivity of the Company by ensuring management and labour
              practices are more closely attuned to current and future needs and objectives of the Company.

       (d)    To develop an environment of continuous improvement which is conducive to a flexible work
              organisation able to respond to changing demands in the market place.

       (e)    To provide a climate for employees to develop a broader range of skills, thereby maximising
              rewards to employees and security of employment.

       (f)    To benchmark other organisations that are leaders in the field of increased efficiency and
              productivity and, where appropriate, utilise this information in implementing change.

                     21. Ongoing Recognition and Commitment to Building in Quality

The Company has commenced the introduction of Total Quality Management and is committed to the principles
of improving the processes we employ. To obtain the maximum benefits from the continuous improvement
program, all employee are committed to co-operating with the program and implementing continuous
improvement activities. All employees will become familiar with Building in Quality and Building in Safety
concepts and skills through training and involvement in project and team-based work.

                                   22. Hours of Work and Starting Times

(a)    The ordinary span of hours shall be 6.00am to 5.00pm Monday to Friday, inclusive.

(b)    The ordinary span of hours may be varied by mutual agreement between the employer and the employees
       concerned. Should there be a dispute regarding this clause, the matter shall be resolved through the
       disputes procedure.

(c)    Within the spread of hours in subclause (a) or (b) of this clause, starting and finishing times may be
       staggered on a daily basis to suit the needs of the business. Starting times shall rotate between
       employees to ensure no employee is disadvantaged.

                                            23. Rostered Days Off

(a)    Rostered Days off may be Banked.

(b)    Rostered days off shall be taken to suit the needs of the business or at another mutually agreed time
       between the employer and the employees concerned.

(c)    Where an employee(s) has accumulated in excess of six (6) rostered days off consistent with subclause
       (a) of this clause, the Company may require the employee(s) to take such accumulated days off in excess
       of six (6).

                                                 24. Overtime

(a)    All employees shall be available to work Saturday and Sunday overtime if required by the employer.

(b)    Saturday/Sunday overtime shall rotate between employees to ensure no employee is disadvantaged.

(c)    Where it is believed an employee has been disadvantaged, it shall be referred to the consultative team for
       resolution.

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                                               25. Uniforms

All employees are required to wear company-issued uniforms at all times.

                                            26. Flexible Duties

(a)   Employees, the subject of this award, may be required to drive front end loaders, concrete trucks,
      aggregate trucks, back hoes, vans/utes and cement tankers on a needs basis, subject to appropriate
      licensing and the employee’s skill, competence and training.

(b)   Employees may be required to operate any plant and/or equipment at concrete plants, including
      allocation of work and batching, provided such work is within the skill, competency and training of the
      employees concerned.

(c)   Where duties are being performed within subclauses (a) and (b) of this clause that incur a higher rate of
      pay than the employees’ normal rate of pay, such employees shall be paid the higher rate whilst so
      engaged, consistent with mixed function clauses from the relevant parent awards.

(d)   Employees may be required to assist in performing yard duties on a needs basis.

(e)   Employees may be required to assist in laboratory duties which include data entry, field testing,
      preparation and crushing of cylinders and raw materials testing, subject to an employee’s skill,
      competence and training.

(f)   Employees may be required to work away from home. When working away from home the appropriate
      award allowances shall apply.

                                              27. Meal Breaks

(a)   All employees, the subject of this award, shall receive an unpaid meal break of 30 minutes per day.

(b)   The meal break shall be taken at a time mutually agreed between the employer and the employee, having
      regard to the staggered starting times and the needs of the business.

(c)   An employee who, on any weekday, is required to start work prior to 5.30am and to continue such work
      up to and after their normal starting time shall be allowed a paid crib break of 15 minutes between the
      hours of 8.00am and 9.00am or between the hours as otherwise agreed by the employer and employee.

                                    28. Vehicle and Plant Maintenance

(a)   It is a part of an employee’s duties to ensure that his/her vehicle is regularly maintained. Such
      maintenance shall include, but not be limited to, pre-start checks, greasing, de-dagging, washing and
      cleaning and minor maintenance. Drivers shall assist with mechanical repairs as directed, provided such
      assistance is within their skills, competence and training.

(b)   Employees shall assist in general plant maintenance and housekeeping as directed by the employer,
      subject to the employee’s skill, competence and training.


                                               29. Allowance

(a)   A slump allowance and laundry allowance shall be included in the base rates of pay as outlined in this
      award.

(b)   Meal allowance on overtime (first meal and subsequent meal) and collection of monies shall not apply to
      employees the subject of this award.



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                                           30. Casual Minimum Start

Casual Employees shall be given a minimum start of four (4) hours on each occasion a casual employee is
engaged.


                                           31. Training and Education

All employees, the subject of this award, shall undertake training and education as directed by the employer.
Such training shall be conducted in normal working hours.

                                            32. Inter-Site Flexibility

All employees, the subject of this award, may be required to work out of any plant at short notice, to meet the
needs of the customer.

                                     33. Staff to Fill in on a Limited Basis

Supervisory personnel may perform award-covered work, where the needs of the business require such work to
be performed in urgent or emergency situations, subject to the skills, competence and training of employees.

                                                 34. Data Entry

Employees may be required to enter relevant business data into a computer.

                                   35. Consideration of Annualised Salaries

During the life of this award, the consultative team shall collect data on, and consider the introduction of,
annualised salaries.

                                             36. The Business Unit

The business unit it set out in Annexure A - Sites Covered.

                                     37. Business Unit Consultative Team

The business unit shall establish a consultative team (hereafter the team) to implement this award and shall meet
in conjunction with the consultative team.

                                  38. Composition of the Consultative Team

38.1   The team should have a maximum of four (4) members and should be representative of the business unit
       concerned.

38.2   The team must have at least 50 per cent of its members representative of the employees employed in the
       business unit concerned.

38.3   The procedures for the election/appointment of company and employee team members should be
       determined at each business unit.

       In the determination of the team members, consideration should be given to the:

       (a)    size of the business unit;

       (b)    geography of the sites in the business unit;

       (c)    different job classifications in the business unit; and


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N.S.W. INDUSTRIAL GAZETTE - Vol. 346                                                           3 September 2004

       (d)    shift arrangements in the business unit.

       The Company’s employee relations representatives and the relevant union officials should be kept
       advised of developments and shall participate in any discussions as required.

                                              39. Term of Office

39.1   Members elected or appointed to a team shall hold office for a period of twenty-one (21) months. It is
       the responsibility of each team member to attend all team meetings and to represent the views and
       opinions of those people he or she represents.

39.2   If a member of the team ceases employment with the Company or can no longer fulfil his or her
       responsibilities, a new election or appointment should be made and induction briefing should be
       arranged for the new team member.

                                              40. Team Training

40.1   Once each business unit has established its team the team shall undertake a training session, which shall
       concentrate on:

       (a)    the content and operation of this award;

       (b)    the role and operation of the team; and

       (c)    basic negotiating skills.

                                              41. Team Meetings

41.1   Each team shall schedule regular meetings. Such meetings should occur at a time that minimises the
       disruption to the business unit’s operations but also allows team members to play a focused and active
       role in the meetings.

       NOTATION: For instance, scheduling meetings after a busy day’s work may be convenient but the team
       members might be too tired to fully participate; whereas scheduling meetings every other Wednesday
       afternoon could give everyone an opportunity to prepare and focus on the team’s activities and ensure
       everyone is fresh and participates fully.

41.2   Team meetings shall be attended without loss of pay by team members.

41.3   The team should agree on the standard of length of team meetings.

       NOTATION: For instance, two (2) hour meetings should give the team sufficient time to operate
       effectively; whereas a four (4) hour meeting might result in team members losing interest.

41.4   If the team wants to extend the standard length of its meetings, the team should agree on the length of the
       extension.

       NOTATION: For instance, imagine you had a standard two (2) hour meeting which was scheduled to
       finish at 10.00am but the team was close to resolving an issue - the team could agree to extend the
       meeting to 12.30pm to finish dealing with that issue.

41.5   An agreed amount of time should be allowed before and after each team meeting for the Company and
       employee team members to meet separately.

       The time before the team meeting should be used to prepare for the meeting and the time after the
       meeting should be used to debrief and evaluate what occurred in the meeting.



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N.S.W. INDUSTRIAL GAZETTE - Vol. 346                                                          3 September 2004

                                     42. Team Meetings - Team Leader

42.1   Each team should elect a team leader. The position of team leader should rotate between a management
       and employee team member on an agreed basis.

42.2   It is the team leader’s responsibility to ensure that the meeting is run in accordance with the agenda and
       that each team member is given a reasonable opportunity to express his/her views during meetings.

42.3   It is also the team leader’s responsibility to ensure that the meeting procedure is fair to all members of
       the team, particularly in relation to the taking of adjournments, time out, stretch breaks, etc.


                                     43. Team Meetings - Minute Taker

43.1   Each negotiating team shall elect a member for the purpose of recording minutes of each team meeting,
       preparing and distributing agendas.

43.2   Minutes should be recorded on a minute sheet as set out in Annexure D - Summary of Meeting.

43.3   Minutes should be agreed to by the negotiating team at the conclusion of each meeting and signed by the
       minute taker and team leader as a true and correct record of the meeting.


                                        44. Team Meetings - Agenda

44.1   Every team meeting must be structured around an agenda as set out in Annexure E - Agenda for
       Meeting.

44.2   All team members have a right and a responsibility to submit agenda items.

44.3   The agenda, minutes from the previous meeting and any relevant background material/documentation
       shall be circulated within a reasonable time, but not less than three (3) working days prior to team
       meetings to allow for preparation.

                                          45. Team Communication

45.1   Each team shall establish a procedure for regularly communicating about the team’s activities with the
       employees and management in the business unit.

45.2   This communication procedure should be serviced to suit the size, number and geography of sites in the
       business unit concerned.

45.3   The objective of the communication procedure is to ensure that everyone in the business unit has a good
       understanding of the team’s activities, providing them with an opportunity to participate in the
       bargaining process through their representatives on the team.

                                        46. Continuous Improvement

46.1   All parties and employees are committed to continually improving the business. To this effect, all
       employees co-operate with:

       (a)    identification of key performance indicators;

       (b)    ongoing measurement of those performance indicators;

       (c)    through Continuous Improvement implement agreed measures designed to improve performance
              indicators.


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Rinker Group T/A Readymix Holdings Pty Limited Newcastle Transport (State) Award 2002




For Rinkergroup trading as Readymix

Holdings Pty Limited Country East




For Transport Workers’ Union of Australia NSW Branch


                                                 ANNEXURE A
                                                  Sites Covered

This award shall apply at the following sites:

Wyong Concrete Plant
Lot 18 Pavitt Crescent
NORTH WYONG

Teralba Concrete Plant
Pitt Street
TERALBA

Sandgate Laboratory
Mangrove Road
SANDGATE

Tighes Hill Concrete Plant
Industrial Drive
TIGHES HILL

Salamander Bay Concrete Plant
Muller Road
SALAMANDER BAY

Raymond Terrace Concrete Plant
Pacific Highway
HEATHERBRAE




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                                                ANNEXURE B

                                      Remuneration Rates and Allowances

                                               Monetary Rates Table

(i)    Transport Industry Mixed Enterprises (State) Award Classifications

                           Grade                                       (3% Increase)            (3% Increase)
                                                                           Stage 1                  Stage 2
                                                                          New Rate                 New Rate
                                                                         (per week)               (per week)
                          Grade 3                                          587.48                   605.11
                          Grade 4                                          599.30                   617.27
                          Grade 5                                          627.80                   646.63
                          Grade 6                                          635.21                   654.27
                          Grade 7                                          638.33                   657.48


                         Allowances                                    (3% Increase)            (3% Increase)
                                                                           Stage 1                  Stage 2
                                                                          New Rate                 New Rate
                                                                         (per week)               (per week)
 HIAB Crane Allowance                                                       27.33                    28.15
 Leading Hand Allowance                                                     29.31                    30.19

(ii)   Transport Industry Quarried Materials (State) Award Classifications

          Grade                        Basic                     Certificate             Advanced Certificate

                               (3%            (3%            (3%            (3%            (3%           (3%
                             Increase)      Increase)      Increase)      Increase)      Increase)     Increase)
                              Stage 1        Stage 2        Stage 1        Stage 2        Stage 1       Stage 2
                             New Rate       New Rate       New Rate       New Rate       New Rate      New Rate
                            (per week)     (per week)     (per week)     (per week)     (per week)    (per week)
Grade 1                       573.35         590.55            -              -              -             -
Grade 2 Vehicle Class 1       577.52         594.85         588.18         605.83            -             -
Grade 2 Vehicle Class 2       583.08         600.58         593.73         611.55            -             -
Grade 2 Vehicle Class 3       592.35         610.12         603.00         621.09            -             -
Grade 2 Vehicle Class 4       622.70         641.38         633.37         652.37         644.02        663.34
Grade 2 Vehicle Class 5       629.76         648.66         640.42         659.64         650.85        670.37
Grade 3                          -              -           740.28         762.49            -             -

                                                ANNEXURE C
                                            Drug and Alcohol Policy

Working while under the influence of alcohol or other drugs is an unacceptable safety risk to you and to the
people you work with. You must tell your supervisor if you are taking any medicine that might affect your
ability to drive or operate machinery.

If you have an accident at work, while you are under the influence of alcohol or drugs, you may not be able to
claim for compensation. Any employee who arrives at work under the influence of alcohol or other drugs, or is
found using such drugs, or offering them to other employees whilst on the job, will be liable to instant dismissal.
If illegal drugs were to be involved then the Company has an obligation to place the matter before the
appropriate legal authorities.


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Any employee who believes they have a problem with excessive use of alcohol or other drugs should feel free
to raise this in confidence with their supervisor or manager. The Company will assist in finding appropriate
counselling and other support, through our Employee Assistance Program, to try and help the employee to
overcome the problem.

                                            ANNEXURE D
                                           Summary of Meeting

  Division:                                            Date of Meeting:
  Team/Project Name:                                   Time:
  Leader:                                              From: (am/pm)
  Facilitator:                                         To: (am/pm)
  Team Members:                                        Location:

  Apologies



  Objective of Meeting:


  No      Agreed Action                    By Whom           By When




                                            ANNEXURE E
                                           Agenda for Meeting

 Division:                                              Date of Meeting:
 Team/Project Name:                                     Time:
 Leader:                                                From: (am/pm)
 Facilitator:                                           To: (am/pm)
 Team Members:                                          Location:

 Objective of Meeting:


  No     Item                                Who             Time      Expected Outcome

   1     Review this Agenda                                            Agreement on Agenda
   2     Review Minutes of Last                                        Actions completed or carried Forward
         Meeting




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 Date, Time and Location of Next Meeting:

 Meeting Evaluation:




                                                                      R. W. HARRISON D.P.


                                               ____________________


Printed by the authority of the Industrial Registrar.




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(1420)                                                                                    SERIAL C2842

  INDEPENDENT COMMISSION AGAINST CORRUPTION AWARD
                  INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Application by the Independent Commission Against Corruption.

                                             (No. IRC 3173 of 2004)

Before The Honourable Justice Schmidt                                                          17 June 2004

                                                  AWARD

                                               Arrangement

                                        Clause No.       Subject Matter

                                                1.       The Name Of This Award
                                                2.       Dictionary Of Terms Used In This Award
                                                3.       The Aims Of This Award
                                                4.       Communication & Consultation
                                                5.       ICAC Officer Classification & Salary Structure
                                                6.       Basis Of Employment In The ICAC
                                                7.       Performance Management & Salary Increments
                                                8.       Training & Development
                                                9.       Redundancy & Redeployment
                                                10.      Conditions Of Employment
                                                         10.1 Hours Of Employment - Flexible Working
                                                         Hours Scheme FWH)
                                                         10.2 Flexible Work Arrangements (FWA)
                                                         10.3 Leave
                                                         10.4 Travelling Time Compensation
                                                         10.5 Overtime
                                                         10.6 Performing Higher Duties
                                                         10.7 Allowances & Loadings
                                                11.      Grievance & Dispute Resolution
                                                12.      Variations To This Award And No Further Claims
                                                13.      Area, Incidence & Duration Of This Award
                                                14.      Anti-Discrimination Clause
                                                15.      Salary Packaging

            Schedule 1 - ICAC Award ICAC Officer Classification Salary Rates As At July 2003
                        Schedule 2 - ICAC Award Allowance Rates As At July 2003

                                        1. The Name of This Award

This Award will be known as the Independent Commission Against Corruption Award.

                               2. Dictionary of Terms Used in This Award

Commission - the Independent Commission Against Corruption

ICAC - the Independent Commission Against Corruption

PSA - the Public Service Association of New South Wales



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Executive - the ICAC's statutory officers and Executive Directors.

Commissioner - the Commissioner of the ICAC.

                                          3. The Aims of This Award

The Commission is a statutory body set up under the ICAC Act 1988 to expose and minimise corruption in the
NSW public sector. This Award documents the conditions of employment and the rights and obligations of
management and staff that will help to achieve this objective.

This Award was negotiated by the ICAC Award Negotiation Committee comprised of two staff, a Public
Service Association officer and two management representatives. Staff were consulted throughout the
development of the Award and have agreed to this Award.

The Award aims to achieve the following outcomes:

       to improve the efficiency and productivity of the ICAC

       to enhance our culture of consultation

       to provide equitable remuneration and conditions of employment

       to provide information on conditions of employment in plain English

       to improve the development and utilisation of staff

We are committed to certain fundamental values in all our interactions with public sector agencies, other
organisations, individuals and our staff. We will:

       advance the public interest at all times

       always act ethically and with integrity

       be fair, impartial and accountable in all our work

       strive for excellence in everything we do

       be tenacious and professional in pursuing our aim

       respect each other and work collaboratively

       preserve the ICAC’s independence.

This Award rescinds and replaces all other industrial instruments except as referred to in this document.

                                      4. Communication & Consultation

The Commission Consultative Group (CCG) is the formal mechanism for consultation and communication
between staff) and management on matters of policy and procedure.

Purpose - to improve performance through consultation leading to informed decision making.

Role - to consider issues of policy or procedure, with Commission-wide significance to staff, as referred by staff
and management. Generally, the CCG provides a consultative forum for developing or reviewing policies,
procedures, and/or recommendations as to final policy or procedure to the Commissioner or manager with
delegated authority. Delegation to the CCG of decision-making power in suitable matters will also be an option
for the Executive.


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PSA representation - a PSA industrial staff representative.

Staff representation - there are five staff representatives, at least one of whom is a delegate of the PSA.
Representatives are elected by secret ballot and are appointed for a period of two years.

The Executive representation - three Executive representatives are appointed by the Commissioner for a period
of two years.

Operation - The CCG determines its own meeting procedure and charter of operation.

Other committees - The Access and Equity Committee, the Occupational Health & Safety Committee and the
Classification Committee report to the Commissioner through the CCG. The CCG will ensure that these
committees are appropriately structured and operate in accordance with relevant legislation, that election
procedures are appropriate, and that membership is balanced by gender and is representative of the staff.

                             5. ICAC Officer Classification & Salary Structure

The ICAC Officer classification Grades 1 - 8 have regard to the following principles:

       work of equal value attracts equal remuneration a structure reflecting a composite weighting of the
       markets from which the Commission recruits its employees

       a structure which supports improved performance

The ICAC Officer salary rates appear in Schedule 1.

The salary structure has regard for equivalent work value and salaries in the following markets:

       NSW public sector (Administrative & Clerical and Legal).

       Police/Investigator (NSW, Federal, National Crime Authority).

       Private sector (Information Technology).

The CCG will examine the ICAC Officer classification system in order to consider the benefits of reducing the
number of grades and salary points, improve opportunities for progression to positions at higher grades through
the introduction of "soft barriers" or other measures, and other changes suggested by the Executive or staff.

                                     6. Basis of Employment in the ICAC

The basis of employment in the Commission is permanent (either full-time or part-time), that is, continuing
employment subject to satisfactory work performance and conduct.

The Commission may engage employees other than permanent employees. These employees may be part-time,
casual, fixed term, or secondees and will be engaged when:

(a)    additional skills, expertise or experience in the current workforce are required and the position will not
       be required on an ongoing basis.

(b)    a position is vacant because an employee is on approved leave of absence.

It is the intention of the parties that the Commission’s recruitment policy will indicate the steps to be taken to
determine the availability of skills, expertise or experience within the Commission prior to the initiation of any
external action. Appointment to a position at the ICAC will involve a six months probationary period or such
period as the Commissioner directs. The probationary period applies to permanent employees and non
permanent employees who are employed for periods of greater than six months.



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Satisfactory performance encompasses, but is not limited to:

       satisfactory discharge of duties as incorporated in the individual performance agreement.

       participation in corporate activities.

       commitment to and participation in training and development opportunities.

Satisfactory conduct encompasses, but is not limited to:

       observing the law

       observing Commission policies and procedures

       observing ethical standards of behaviour as set out in the Commission's Code of Conduct.

Subject to section 104 of ICAC Act 1988, the Commission will, wherever possible, follow the management
practices relating to termination and dismissal prescribed in legislation that affects NSW employers.

Recruits may decide to be seconded to a permanent position or come to the Commission on Leave Without Pay
from their substantive employer. Where a recruit decides to do this, the Commission requires a minimum
period of employment of two years. Further extensions of no less than one year, provided performance and
conduct are satisfactory, will be considered. Staff currently on secondment or leave without pay may apply to
resign from their substantive employment and join the Commission as a permanent member of staff in their
current job, provided performance and conduct are satisfactory and, where possible, three months’ notice is
given. This opportunity is not available to temporary employees.

A temporary employee may be directly appointed to a permanent position if the employee has filled that
position for two years on a temporary basis and was initially recruited under merit selection.

Resignation - 4 weeks notice in writing is required unless the Commission agrees to a lesser period of notice.

Termination of employment - 4 weeks notice shall be given by staff; or in lieu of notice, the Commission may
grant payment in lieu.

                              7. Performance Management & Salary Increments

The aims of the Commission's performance management system are:

       to establish a climate of continuous improvement within the Commission

       to match individual staff performance objectives with Commission performance objectives and
       Corporate and Strategic Plans

       to provide a process that ensures honest communication between staff and supervisors about the work
       they do, how it is done and how performance is measured

       to ensure the identification of training and development needs are in line with requirements of the
       individual and the Commission.

The Commission’s performance management system is based on an annual performance agreement between
staff and their supervisor. The annual performance agreement sets out the agreed outcomes to be measured and
how these outcomes will be measured (i.e. performance measures).

There are stages to be completed each year for the Commission’s performance management system, which will
occur at a common time for all employees, are:

       1.     Establishment of a performance agreement - July

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N.S.W. INDUSTRIAL GAZETTE - Vol. 346                                                       3 September 2004

      2.     6-Monthly Review - December

      3.     Annual review - June

Progression through the salary points in the ICAC Officer range is based on performance under the
Commission’s performance management system. The Annual Review includes an overall assessment of
performance using the following five point scale:

      Outstanding - where performance has consistently and substantially far exceeded the expectations and
      results previously agreed upon. The staff member has made significant contributions toward meeting
      corporate goals and priorities.

      Creditable - where performance has fully met the requirements agreed to, and exceeded requirements on
      major projects/tasks.

      Competent - where the requirements of the performance agreement are fully met.

      Marginal - where the fundamental requirements of the performance agreement have been met but results
      are not as agreed and included in the performance agreement.

      Unacceptable - where performance has not met the requirements of the performance agreement.

All staff have a common increment date of 1 July and their increment will be eligible for payment in the first
pay period commencing on or after 1 July each year, not on the anniversary of their appointment, subject to
satisfactory performance under the Commission’s performance management system.

The minimum period of service required before consideration of an increment would be 4 months subject to
completion of a Performance Agreement within 6 weeks of appointment or promotion.

                                          8. Training & Development

The Commission is committed to providing training and development activities that aim to increase the skills,
knowledge and experience of staff. The activities provided include:

      job relevant training

      refresher courses

      new skills training

      participation in corporate activities

      opportunities to do work at a similar or higher grade within the Commission, or on secondment to other
      agencies.

      transfer, promotion or secondment opportunities.

      training where performance has been identified as inadequate.

      other career development opportunities relevant to the work of the Commission.

The CCG will oversee the implementation of the Commission's Training & Development Policy, taking into
account:

      the needs of all employees.

      access is fair and in line with EEO principles.


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       corporate or Unit planning or training arising out of the Commission’s performance management
       program.

       the level of resources needed in implementing the program and the most effective way of using those
       resources.

                                       9. Redundancy & Redeployment

Staff and management are covered by the provisions of the NSW Premier's Department's 'Managing Excess
Employees' Policy’ for redundancy and redeployment.

                                        10. Conditions of Employment

The ICAC's conditions of employment are based on NSW public service conditions at the date of the making of
this Award. Changes in public service Awards and/or conditions of employment that occur after the making of
this Award will be referred to the CCG for consideration and possible recommendation to the Commissioner. If
it is decided they should apply, this Award will be varied in accordance with the Industrial Relations Act 1996.

In setting conditions of service for staff of the Commission regard will be given to the provisions of the current
Crown Employees (Public Service Conditions of Employment) Award.

If conditions of employment for staff of the Commission are not covered by this Award then the provisions of
the Crown Employees (Public Service Conditions of Employment) Award will be referred to. Any changes to
conditions of service will be made in consultation with the CCG. Where they differ, for example in relation to
Surveillance Officer conditions, they are defined in policy documents held at the ICAC.

The conditions of employment described in this Clause are established under this Award. The description is
however a summary and must be read in conjunction with the relevant ICAC policy. Relevant policies are to be
read as amended and in force at the date under consideration. To the extent of any inconsistency between the
relevant policy and the Award, the conditions of the Award shall prevail.

Staff transferring to the Commission from other NSW public sector agencies may be able to transfer some of
their existing entitlements to the Commission consistent with NSW public sector mobility provisions. The
transfer of annual leave entitlements is restricted to a maximum of 20 days.

10.1   Hours of Employment - Flexible Working Hours Scheme (FWH)

       The Commission operates under a Flexible Working Hours Scheme as follows. This clause must be read
       in conjunction with the Commission’s Flexible Working Hours Policy (Policy 31) as is in force at the
       relevant time. The provisions of this clause prevail to the extent of any inconsistency with the policy.

       Purpose - to improve organisational performance and to provide the Executive and employees with
       flexibility in arranging working hours.

       Principles - In order that staffing levels are sufficient to meet operational requirements, the Guarantee of
       Service and performance standards, management and staff are committed to ensuring that:

              decisions regarding working hours will be made taking into account the requirements of the
              particular Section, Unit or team and the Commission

              decisions regarding working hours will be made between an employee and their direct supervisor
              based on consultation and negotiation

              supervisors will notify staff of the need to change hours as soon as practicable

              staff will give reasonable notice of request for flex leave.



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       Surveillance Officers - Management recognises the need for greater flexibility in managing the flexible
       working hours scheme for Surveillance officers and allows for variations in recognition of the
       employment situation of surveillance staff, which are referred to in the Flexible Working Hours policy.

       Hours of work - 7 hours/day, 35 hours/week, Monday to Friday.

       Commission's daily hours of business - 9 am to 5 pm.

       Daily period in which work is to be performed (bandwidth) - 7.30 am to 7.00 pm. This period may be
       varied with the agreement of staff and their supervisor to meet Commission or staff needs. If the
       bandwidth is altered, flex is accrued after 7 hours work (excluding meal breaks) and overtime after 11.5
       hours from the start of the altered bandwidth.

       Minimum hours to be worked each day - 5 hours.

       Maximum hours to be worked each day - 10, unless approved otherwise.

       Meal break - Minimum of 30 minutes every 5 hours. Surveillance Officer meal breaks are defined in a
       policy document held at the ICAC.

       Flex Period - 140 hours (4 weeks).

       Maximum Flex Leave that can be taken in any financial year - 26 days. This includes both flex and
       banked flex leave.

       Carry over credit at end of Flex Period - up to 21 hours.

       Carry over debit at end of Flex Period - up to 10 hours. Debits in excess of 10 hours must be offset by
       an application for Annual Leave.

       Flex Leave (FL) and Banked Flex Leave (BFL) that can be taken in a Flex Period - 21 hours. The
       minimum amount of FL that can be used is 1 hour. FL may be taken at the beginning and/or end of a
       period of other leave.

       Banked Flex Leave - Working hours in excess of the 21 hour carry over credit may be banked. The
       maximum hours to be banked is up to 21 hours. The minimum amount of BFL that can be used is 1
       hour. BFL may be taken in conjunction with Flex leave and at the beginning and/or end of a period of
       other leave.

       Flex Record - Staff must maintain current and accurate records of their working hours on the
       Commission's Flex Record. Data from the Record will be analysed from time to time.

       Review - The adjustments made in this flex scheme as compared with that in the former ICAC Award
       2002 will be reviewed by the CCG no later than twelve months after this Award comes into effect.

10.2   Flexible Work Arrangements (FWA)

       This Award aims to provide assistance to staff in balancing their personal and work commitments. This
       enables the Commission to be more flexible in the delivery of its services and to improve the satisfaction
       of staff. FWA will only be available with the agreement of management. All conditions of employment
       in this Award apply on a pro-rata basis.

       The following FWA are available:

              Permanent Part-time Employment - enables staff to permanently work hours which are less than
              the full-time weekly hours of their position.



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                Part-time Leave Without Pay - enables staff to work on a part-time basis for a period of time,
                either by cutting hours in their current position or by doing other duties. At the end of the period
                they return to full-time work.

                Part Year Employment - enables staff to work for an agreed number of weeks per year, with an
                agreed number of unpaid weeks.

                Job Sharing - enables a job to be shared by two or more staff. They may be employed on a part-
                time basis or may be full-time employees taking part-time leave without pay.

                Working at home - Staff may work at home from time to time if it is an efficient and effective
                way of working and the outcomes to be achieved are agreed to by their supervisor. The
                documented security policies and procedures relating to this provision must be adhered to at all
                times.

       A permanent member of staff, originally employed on a full-time basis and currently working in a FWA
       has the right to return to full-time employment. In such a case they will be paid at their substantive salary
       level but may not be able return to the work carried out before entering the FWA in accordance with the
       ICAC Policy.

10.3   Leave

       10.3.1          Annual Leave

                       Staff are entitled to 20 working days/140 hours annual leave per year. Annual leave
                       accrues at the rate of 1.67 working days/11.62 hours per month and may be taken in
                       periods of not less than ¼ day. At least 10 days annual leave must be taken each financial
                       year. To enable better planning of annual leave and flex and banked flex leave, and to
                       ensure better availability of staff throughout the year, staff undertake to manage their
                       annual leave to give the Commission maximum notice of their wishes. The Commission,
                       will, wherever possible, meet the leave requirements of staff, however, the taking of
                       annual leave is subject to Commission convenience.

                              An annual leave entitlement does not accrue during any periods of unpaid leave
                              except for periods of sick leave without pay.

                              Staff annual leave balances at 30 June each year can accrue to a maximum of 40
                              working days/280 hours unless an approval to conserve annual leave has been
                              granted by the relevant director.

       10.3.2          Concessional Leave

                       At Christmas, where the Premier grants concessional leave, the Commissioner may make a
                       similar grant to Commission staff provided that adequate service to the public is
                       maintained. Advice to staff on whether the leave is available, as well as the relevant
                       conditions, will be provided at least two weeks prior to Christmas each year.

       10.3.3          Easter Thursday

                       The Commissioner may grant access to an additional ½ day flex leave on the afternoon of
                       Easter Thursday in the flex period in which Easter Thursday falls, provided that adequate
                       service to the public is maintained. The staff member must have the flex time accrued in
                       order to be able to take the ½ day flex leave.

       10.3.4          Long Service Leave (Extended Leave)

                       The ICAC long service leave entitlements are:


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                LSL entitlement after 10 years service - 2 months (44 working days) on full pay and 11
                working days for every year of service thereafter. LSL may be taken at ½ pay.

                LSL entitlement after five years service but less than 10 years service - If the ICAC
                terminates employment for reasons other than serious and intentional misconduct, or, staff
                leave on account of illness, incapacity or domestic or other pressing necessity, staff are
                entitled to one months LSL for five years service plus a pro-rata rate for service of
                between six and 10 years.
                Service for LSL purposes - The following service with public sector agencies may count
                for LSL purposes, depending on the agency:

                       permanent and temporary work periods of employment with the ICAC under the
                       ICAC Act.

                       continuous service with agencies under the Transferred Officers Extended Leave
                       Act 1961. This generally includes service with the NSW public sector, some
                       agencies in the Commonwealth and other states. Where the break in service
                       between a public sector agency and starting work with the ICAC is less than two
                       months, this previous employment may be able to be recognised for LSL purposes
                       providing that the offer of employment with the Commission was accepted with the
                       Commission prior to resignation.

     10.3.5     Family & Community Service Leave and Carer's Leave

                Family & Community Service Leave (FACSL) - staff may be granted FACSL for reasons
                relating to:

                       their family responsibilities

                       their performance of community service duties

                       pressing necessity

                A family and relative of a staff member for these purposes is:

                       Your child

                       The child of your current or former husband, wife, de facto opposite or same sex
                       partner,

                       Any adult who you are the legal guardian of,

                       Any ‘immediate family member’. This means any of the following:

                              Your current or former husband, wife, de facto opposite or same sex partner,

                              Your grandchild or the grandchild of your current or former husband, wife,
                              de facto opposite or same sex partner,

                              Your parent or the parent of your current or former husband, wife, de facto
                              opposite or same sex partner,

                              Your grandparent or the grandparent of your current or former husband,
                              wife, de facto opposite or same sex partner,

                              Your brother or sister or the brother or sister of your current or former
                              husband, wife, de facto opposite or same sex partner.


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                The maximum period of FACSL on full pay that may be granted is:

                       two and a half working days for the first year of service and five working days in
                       any period of two years after this, or,

                       after two years of continuous service, one working day for every year of service,
                       less any FACSL already taken, whichever is the greater period.

                Where FACSL is exhausted, two additional working days FACSL may be granted on a
                discrete per occasion basis on the death of a person defined above.

                Carer's Leave (CL) - Where FACSL is exhausted, unused sick leave may be granted to
                staff responsible for the care of a family member using the above definition.

                The sick leave that can be accessed is:

                       unused sick leave from the current year's entitlement,

                       then, unused sick leave from the previous 3 years.

                       access to additional sick leave may be granted in special cases.

                When applying for CL staff must supply:

                       a medical certificate or Statutory Declaration for periods greater than 3 working
                       days.

                       details of the name of the person being cared for, their relationship with that
                       person, the reason for that period of leave.

                       the exact nature of the illness does not need to be disclosed.

                The use of CL will be managed in the same way as sick leave.

                Where FACSL and CL are exhausted, time off in lieu of overtime or travelling
                compensation or flex time, annual, LSL and leave without pay may be granted.


     10.3.6     Holy days and essential religious duties

                Staff of any religious faith who need leave for the purpose of observing holy days of that
                faith may be granted available paid or unpaid leave provided that adequate notice is given.

                Staff of any religious faith who need time off during daily working hours to attend to
                essential religious duties of that faith may use the provisions of the Flexible Working
                Hours Scheme.


     10.3.7     Leave Without Pay

                Staff may be granted periods of leave without pay in excess of 2 months after 2 years
                employment with the Commission. The maximum period that may granted in this case is
                12 months. Staff taking 12 months LWOP must return to work for the Commission for a
                minimum of 2 years before further LWOP is granted.




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     10.3.8     Military Leave

                Staff who are volunteer part-time members of the Defence Forces may be granted military
                leave on full pay to attend training, education, instruction and compulsory parades. The
                grant each financial year is:

                Navy Reserve                   up to 24 calendar days
                Army Reserve                   up to 24 calendar days
                Air Force Reserve              up to 28 calendar days

     10.3.9     Parental Leave

                Maternity Leave - Female staff who have been employed at the Commission for more than
                40 weeks before the expected date of confinement are entitled to:

                       9 weeks full pay or 18 weeks half-pay that may be taken up to 9 weeks before the
                       expected date of confinement; and

                       up to 12 months maternity leave without pay after the birth of the child or up to 2
                       years part-time, less the period of paid maternity leave.

                Female staff with less than 40 weeks service are entitled to up to 12 months maternity
                leave without pay.

                Parental Leave - Staff who are parents may be granted parental leave without pay for a
                period of up to 12 months within 2 years of the date of birth. Alternatively up to 2 years
                part-time may be granted.

                Adoption Leave - Staff may be granted adoption leave of up to 12 months without pay, or
                up to 2 years part-time without pay if the child has not commenced school at the time
                custody is taken. Where the staff have worked for 40 weeks, 3 weeks adoption leave may
                be paid leave.

                Staff resuming work at the end of these types of leave are entitled to return to their
                substantive or comparable position.

     10.3.10    Public Holidays

                The provisions of the Banks & Banks Holidays Act 1912 apply and provide for the
                following public holidays: New Years Day, Australia Day, Good Friday, Easter Saturday,
                Easter Monday, Anzac Day, Christmas Day, Boxing Day or such other public holidays that
                are proclaimed. The August Bank Holiday is replaced by the Public Service Holiday, to
                be taken on a day determined by the Commissioner between Christmas Day and New
                Year’s Day.

     10.3.11    Sick Leave

                Sick leave on full pay accrues to a staff member at the rate of 15 working days each
                calendar year and any leave not taken is accumulated. The entitlement for new staff
                starting after January is on a pro-rata basis. Once sick leave with pay is exhausted, sick
                leave without pay may be granted. Medical certificates must be provided for periods of
                sick leave in excess of 3 working days, taken on a strike day, consecutively with a public
                holiday and any time after giving notice of resignation or termination. Staff sick leave
                records to be reviewed after they have taken 5 occasions of sick leave that are not
                supported by a medical certificate in any period of 12 months.




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     10.3.12    Special Leave

                Special leave is paid leave, which applies, to activities regarded as for Commission
                purposes and which are not covered by other forms of leave. Examples of when special
                leave may be granted are:

                       for jury service, subject to the provision of a certificate of attendance,

                       where staff are subpoenaed or called as a witness by the State, Territory or
                       Commonwealth,

                       some trade union activities with the prior approval of the Commissioner,

                       other instances determined by the Commissioner.

     10.3.13    Study Time & Examination Leave

                The Commission encourages staff to undertake further study to enhance their skills and
                provides assistance in the form of study time and examination leave for approved part-time
                courses of study. An approved course is one that develops or enhances a staff member's
                skills and assists them to carry out their duties in the Commission.

                Study Time - Is available for: attendance at lectures, tutorials, residential schools, field
                days etc, where these are held during working hours; necessary travel during working
                hours to attend lectures, tutorials etc., held during or outside working hours; and private
                study.

                30 minutes study time is granted for each hour of lecture and/or tutorial attendance, up to a
                maximum of four hours per week (inclusive of travel time). The grant is the same for
                correspondence courses for which time granted will be calculated on the basis of the
                equivalent face-to-face course.

                Block periods of study time may be granted for the research and thesis component of
                higher degrees, qualifying studies for admission to higher degrees, or honours studies on
                the following basis:

                       where a course at any level involves a thesis or major project as well as course
                       work, the usual study time would be granted for the course work, and ten days
                       study time for the thesis/major project component;

                       for qualifying studies entirely by thesis the grant is 10 days;

                       for masters degree studies by research and thesis only, the total grant is:

                       (i)      25 days for courses of 2 years minimum duration;

                       (ii)     35 days for courses of 3 years minimum duration.

                       for doctoral studies, the total grant for the full duration of the course is 45 days.

                Examination Leave - Up to 5 days per year is available for the time actually involved in
                attending an examination as well as necessary travelling time during working hours. It is
                not available where an examination is conducted within normal class timetables during the
                term/semester and study time has already been granted.




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10.4   Travelling Time Compensation

       Staff, except Surveillance Officers, who undertake approved travel to a location other than the
       Commission's head office to perform their work, may be compensated for the travelling time involved if
       it is additional to their normal travel time to and/or from head office:

              Travel during bandwidth: is regarded as normal working hours, less normal travelling time.

              Travel outside bandwidth: is paid at the normal hourly rate, less normal travelling time.

              Waiting time: will be paid, less one hour, unless overnight accommodation is involved.

       Periods of travelling time of less than 15 minutes; where sleeping facilities are provided; and where staff
       stop travelling for meal breaks, are not eligible for compensation. Travelling Time Compensation is
       paid at staff's current rate of pay with a maximum rate of the 1st Year Rate of ICAC Officer Grade 3.
       Time in lieu may be granted instead of payment. Time in lieu is calculated at the same rate as payment.

10.5   Overtime

       ICAC Officers Grade 1-6 - who are directed to work outside of the Flex Bandwidth shall be paid
       overtime at the rate of:

       1.     Monday to Saturday

              150% (time and a half) for the first 2 hours and

              200% every hour thereafter.

       2.     Sunday

              200% (double time)

       3.     Public Holidays

              (a)    Monday to Friday:

                     250% (double time and a half - includes normal salary rate) during bandwidth

                     250% (double time and a half) after bandwidth

              (b)    Saturday & Sunday:

                     250% (double time and a half)

       Overtime is paid at staff’s current rate of pay up to a maximum of $80,506 per annum. If, as a result of
       future salary increases, the rate of pay of an ICAC Officer Grade 5, Level 5 reaches or exceeds $80,506
       per annum, overtime will be paid at staff’s current rate of pay up to a maximum rate of Grade 5, Level 5.
       A minimum of 3 hours payment will be paid for overtime worked on weekends and public holidays or
       when staff are called back to duty. Time in lieu may be granted instead of payment. Time in lieu is
       calculated at the same rate as payment.

       A Meal Allowance may be paid when an expense is actually incurred in obtaining a meal and staff
       ceased work for at least 30 minutes before or during the period of overtime (meal breaks during overtime
       are not to be counted as overtime). The Meal Allowances rates are those set from time to time by the
       Australian Taxation Office as the reasonable limits for the payment of overtime meal allowances.

              Breakfast, when required to start work at or before 6 am


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                Lunch, on any Saturday, Sunday or Public Holiday when required to start before or at 8.30 am
                and until 1.30 pm or later; or, at or after 8.30 am and until 2 pm or later

                Dinner, when required to work beyond 7.30 pm

       ICAC Officers Grade 7-8 - are not entitled to the payment of overtime. However, where, in the opinion
       of the staff member's manager, ICAC Officers Grade 7-8 work excessive additional hours, their manager
       may approve compensation of not more than 7 hours leave in lieu to be taken within three months of the
       leave being granted.

       Investigations staff Overtime Allowance - Investigators, Deputy Chief Investigators, Surveillance
       Officers and Surveillance Team Leader are paid an Overtime Allowance in lieu of overtime payments for
       overtime worked on weekdays. Overtime will be paid as per this clause for work on weekends and public
       holidays (including those which fall on weekdays). The allowance forms part of overall remuneration
       and is:

                Investigators/Surveillance Officers                                 9.1%
                Deputy Chief Investigators/Surveillance Team Leader                 8.7%

10.6   Performing Higher Duties

       Where staff are directed to perform the duties of a higher grade position, in addition to the experience
       gained performing those duties, an allowance will be paid in the circumstances described here.

       The allowance will be calculated by the difference between staff member's current salary and the nearest
       salary point of the ICAC Officer Grade of the position being acted in. Payment of the allowance will be
       as follows:

                10 or more working days     -   No payment
                11 or more working days     -   100% difference for the full period, except if the staff member
                                                does not undertake all the duties and responsibilities of the
                                                higher position, a percentage of the difference is paid as agreed
                                                between the staff member and his/her manager.

10.7   Allowances & Loadings

       10.7.1          Annual Leave Loading (ALL)

                       Each year, in the first pay period in December, staff will be eligible to be paid an ALL of
                       17.5% of the monetary value of up to four weeks Annual Leave accrued in the prior period
                       of 1 December to 30 November. New staff will be paid a pro-rata allowance based on
                       Annual Leave accrued from their entry on duty to 30 November.

                       The maximum rate at which ALL is calculated is the 5th Year rate of ICAC Officer Grade
                       7. ALL is not paid on resignation or dismissal but is paid on retirement and redundancy.

       10.7.2          Associate's Allowance

                       Staff trained to be Associates will receive the allowance referred to in Schedule 2. The
                       allowance will be paid fortnightly to Associates for recognition of annual training and
                       being available to work as an Associate. A daily sitting fee will also be paid for each day
                       of hearings. The allowance will be increased in line with the salary increases prescribed in
                       this Award.

       10.7.3          Community Language Allowance

                       Staff appointed as language aides under the Community Language Allowance Scheme
                       (CLAS) will be paid the allowance referred to in Schedule 2. An annual review of whether

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                    the payment of the allowance is still applicable will be occur on the anniversary of
                    receiving the allowance. The allowance will be increased in line with the salary increases
                    prescribed in this Award.

     10.7.4         First Aid Allowance

                    Staff appointed as First Aid Officers will be paid the allowances appearing in Schedule 2.
                    These allowances will increase in line with the salary increases prescribed in this Award.

     10.7.5         Incidents Allowance

                    A 12.2% Incidents Allowance is payable to Surveillance Officers and Surveillance Team
                    Leader in compensation for change of shift; alteration of bandwidth; shift allowance; on-
                    call allowance for days rostered off; and, on-call allowance for days rostered days on.

     10.7.6         Travel Allowances - Accommodation, Meals & Incidentals

                    The parties agree that the arrangements for travel and meal allowances provided in this
                    clause are to apply to ICAC staff only and do not constitute a precedent for any other
                    department or agency.

              (a)   Staff who undertake approved travel to perform their work are entitled to payment of a
                    Travel Allowance to cover costs of accommodation, meals and incidentals, where such
                    expenses are reasonably and necessarily incurred. The Allowance rates are those set from
                    time to time by the Australian Taxation Office as the reasonable limits for the payment of
                    these allowances.

              (b)   Travel involving an overnight stay when accommodation is provided free of charge, a
                    daily allowance as set by the Australian Taxation Office will be paid.

              (c)   Travel involving no overnight stay, meals only may be paid at the rate set from time to
                    time by the Australian Taxation Office.

                           Breakfast, when required to commence travel at or before 6.00 am

                           Lunch, when staff are unavoidably put to additional expense

                           or the additional expense, whichever is the lesser.

                           Dinner, when required to travel after 7.30 pm

              (d)   Overseas Travel will be at the rate specified from time to time by the Australian Taxation
                    Office as the reasonable limit.

     10.7.7         Motor Car allowances

                    Where ICAC motor cars are not available, there is no convenient public transport and a
                    car is necessary, approval may be given to staff to use their own motor car for official
                    business. The allowance rates are determined by Premier’s Department. Current
                    allowances appear in Schedule 2.

                    Where other transport is available but staff elect and the ICAC authorises, staff may use
                    their own car. The specified journey rate applies up to the cost of the public transport
                    alternative.




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                                      11. Grievance & Dispute Resolution

These procedures are separate to the ICAC Grievance Policy for matters not related to this Award.

(i)     All grievances and disputes relating to the provisions of this award shall initially be dealt with as close to
        the source as possible, with graduated steps for further attempts at resolution at higher levels of authority
        within the appropriate department, if required.

(ii)    A staff member may notify verbally or in writing their immediate supervisor, manager, grievance officer
        or union, as to the substance of the grievance, dispute or difficulty, request a meeting to discuss the
        matter, and if possible, state the remedy sought.

(iii)   The immediate manager shall convene a meeting in order to resolve the grievance, dispute or difficulty,
        within two (2) working days, or as soon as practicable, of the matter being brought to attention.

(iv)    If the matter remains unresolved with the immediate manager, the staff member may request to meet the
        appropriate person at the next level of management in order to resolve the matter. This manager shall
        respond within two (2) working days, or as soon as practicable. This sequence of reference to successive
        levels of management may be pursued by the staff member until the matter is referred to the
        Commissioner.

(v)     If the matter remains unresolved, the Commissioner shall provide a written response to the staff member
        and any other party involved in the grievance, dispute or difficulty, concerning action to be taken, or the
        reason for not taking action, in relation to the matter.

(vi)    A staff member, at any stage, may request to be represented by their union.

(vii)   The staff member or the union on their behalf, or the Commission may refer the matter to the New South
        Wales Industrial Relations Commission or another appropriate external agency if the matter is
        unresolved following the use of these procedures.

(viii) The staff member, union, and the Independent Commission Against Corruption shall agree to be bound
       by any order or determination by the New South Wales Industrial Relations Commission in relation to
       the dispute.

                             12. Variations to This Award and No Further Claims

This Award may be varied as provided for in the Award and the provisions of the Industrial Relations Act 1996.

There will be no further claims in relation to the issues covered by the Award during its operation. Subject to
the Industrial Relations Act 1996 there shall be no industrial action relating to issues covered by this Award
during its operation.

                                13. Area, Incidence & Duration of This Award

This Award applies to all employees permanently, casually or temporarily employed under the ICAC Act. The
Award does not apply to the ICAC Executive.

This Award rescinds and replaces the Independent Commission Against Corruption Award, published 15
November 2002 (337 IG 28). It commences to operate on and from the date of gazettal and remains in force for
a period of 12 months.

                                             14. Anti-Discrimination

(1)     It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the
        Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes
        discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity
        and age.

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(2)   It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this
      award the parties have obligations to take all reasonable steps to ensure that the operation of the
      provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent
      with the fulfilment of these obligations for the parties to make application to vary any provision of the
      award that, by its terms or operation, has a direct or indirect discriminatory effect.

(3)   Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee
      has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

(4)   Nothing in this clause is to be taken to affect:

      (a)    any conduct or act which is specifically exempted from anti-discrimination legislation;

      (b)    offering or providing junior rates of pay to persons under 21 years of age;

      (c)    any act or practice of a body established to propagate religion which is exempted under section
             56(d) of the Anti Discrimination Act 1977;

      (d)    a party to this award from pursuing matters of unlawful discrimination in any State or federal
             jurisdiction.

(5)   This clause does not create legal rights or obligations in addition to those imposed upon the parties by
      the legislation referred to in this clause.

      (a)    Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

      (b)    Section 56(d) of the Anti-Discrimination Act 1977 provides:

      "Nothing in the Act affects ... any other act or practice of a body established to propagate religion that
      conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities
      of the adherents of that religion."

                                             15. Salary Packaging

The Commission supports the provision of salary packaging for non-SES staff. The range of items and the
terms of salary packaging are set out in the ICAC Salary Sacrificing policy which is accordance with Premier’s
Department guidelines.

                 Schedule 1 - ICAC Officer Classification Salary Rates from 4 July 2003

            1A             1st Yr           $ 33,997               4            1st Yr           $ 62,302
                           2nd Yr           $ 34,745                            2nd Yr           $ 63,800
                           3rd Yr           $ 35,943                            3rd Yr           $ 65,748
                           4th Yr           $ 36,843                            4th Yr           $ 67,542
                           5th Yr           $ 37,741                            5th Yr           $ 69,343
            1B             1st Yr           $ 38,341               5            1st Yr           $ 70,686
                           2nd Yr           $ 39,387                            2nd Yr           $ 72,334
                           3rd Yr           $ 40,585                            3rd Yr           $ 74,433
                           4th Yr           $ 41,635                            4th Yr           $ 76,828
                           5th Yr           $ 42,684                            5th Yr           $ 78,626
            1C             1st Yr           $ 42,533               6            1st Yr           $ 79,075
                           2nd Yr           $ 43,580                            2nd Yr           $ 81,469
                           3rd Yr           $ 44,780                            3rd Yr           $ 83,120
                           4th Yr           $ 45,827                            4th Yr           $ 85,215
                           5th Yr           $ 47,324                            5th Yr           $ 87,913




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          2                1st Yr           $ 48,224             7           1st Yr         $ 86,714
                           2nd Yr           $ 49,272                         2nd Yr         $ 88,061
                           3rd Yr           $ 50,619                         3rd Yr         $ 89,558
                           4th Yr           $ 52,266                         4th Yr         $ 90,907
                           5th Yr           $ 53,467                         5th Yr         $ 94,351
          3                1st Yr           $ 54,963             8           1st Yr         $ 92,405
                           2nd Yr           $ 56,460                         2nd Yr         $ 94,949
                           3rd Yr           $ 57,659                         3rd Yr         $ 97,346
                           4th Yr           $ 59,457                         4th Yr         $ 99,743
                           5th Yr           $ 60,954                         5th Yr        $ 102,287


                                        Schedule 2 - Allowance Rates

1.   Associate’s Allowance (Clause 10.7.2)

     Total allowance payable in 12 month financial year period not to exceed $4,072 pa

     Allowance payable as follows:-

              50% allowance payable to approved staff members on basis of training and availability

              $2,036 pa

              Daily rate

              $50.90 pd

2.   Community Language Allowance Scheme (Clause 10.7.3)

              $886 pa

3.   First Aid Officer Allowance (Clause 10.7.4)

              $568 pa

4.   Overtime Meal Allowances (Clause 10.5)

     Allowances will equal the ATO reasonable limits as set from time to time and as adopted by the ICAC.

5.   Travel Allowances (Clause 10.7.6)

              Involving an overnight stay

              Allowances will equal the ATO reasonable limits as set from time to time and as adopted by the
              ICAC.

              Travel of at least 100 kms from head office & involving no overnight stay.

              Meals only may be paid at the rate set by the ATO from time to time and as adopted by the ICAC,
              provided that if there is no set rate, then payment of actuals as per the current policy will be
              made.




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6.     Motor Car Allowances:

       (A)     Official business rate. Engine capacity:

               over 2700 cc
               75.9 cpk

               1600 to 2700 cc
               70.6 cpk

               under 1600 cc
               50.6 cpk

       (B)     Specified journey rate. Engine capacity:

               over 2700 cc
               27 cpk

               1600 to 2700 cc
               25 cpk

               under 1600 cc
               21.1 cp

7.     Casual Employees:

       Persons employed on a casual basis will receive:

               Loadings of

                       15% for Mondays to Fridays

                       50% for Saturdays

                       75% for Sundays

                       150% for Public Holidays

               An additional payment of 1/12th in lieu of annual leave

               Minimum period of engagement of 3 hours

               Maximum period of engagement of 9 hours (excluding meal breaks) without the payment of
               overtime

               Overtime is paid at the overtime rates set out in Clause 10.5 of the Award, and based on the
               ordinary hourly rate plus 15% loading



                                                                                     M. SCHMIDT J.


                                               ____________________


Printed by the authority of the Industrial Registrar.


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(1752)                                                                                   SERIAL C2901

    JOHN HOLLAND PTY LTD JOHN HUNTER HOSPITAL ACCESS
          STRATEGY BUILDING PROJECT AWARD 2004
                  INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Application by John Holland Pty Ltd.

                                           (No. IRC 2860 of 2004)

Before Commissioner Redman                                                                    11 June 2004

                                                   AWARD

                                            1. Arrangement

                                       Clause No       Subject Matter

                                              1.       Arrangement
                                              2.       Introduction
                                              3.       Objectives
                                              4.       Definitions
                                              5.       Application
                                              6.       Duration
                                              7.       Industry Standards
                                                       7.1    Superannuation and Redundancy
                                                       7.2    Top Up/24 Hour Income Protection Insurance
                                                       7.3    Productivity Allowance
                                                       7.4    Payment of the Productivity Allowance
                                              8.       Environment, Health, Safety and Rehabilitation
                                                       (EHS&R)
                                                       8.1    Induction
                                                       8.2    Environment, Health and Safety Plans
                                                       8.3    The Safety Committee
                                                       8.4    Safety Procedures
                                                       8.5    OH&S Industry Induction
                                                       8.6    Formwork Safety
                                                       8.7    Temporary Power/Testing and Tagging
                                                       8.8    Crane Safety
                                              9.       Dispute Resolution
                                                       9.1    Employer Specific Disputes
                                                       9.2    Project Wide Disputes
                                                       9.3    Demarcation Disputes
                                                       9.4    Procedures to Prevent Disputes Regarding Non
                                                              Compliance
                                              10.      Monitoring Committee
                                              11.      Productivity Initiatives
                                                       11.1 Learning Initiatives
                                                       11.2 Inclement Weather
                                                       11.3 Rostered Days Off
                                                       11.4 Maximising Working Time
                                                       11.5 Hours of Work
                                              12.      Immigration Compliance
                                              13.      Long Service Compliance
                                              14.      No Extra Claims
                                              15.      No Precedent

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                                                  16.    Single Bargaining Unit
                                                  17.    Union Rights
                                                         17.1 Visiting Union Officials
                                                         17.2 Workplace Delegates
                                                         17.3 Union Membership
                                                  18.    Australian Content
                                                  19.    Protective Clothing
                                                  20.    Workers Compensation and Insurance Cover
                                                  21.    Apprentices
                                                  22.    Training and Workplace Reform
                                                  23.    Project Death Cover
                                                  24.    Anti-Discrimination
                                                  25.    Personal/Carers Leave
                                                         25.1 Use of Sick Leave
                                                         25.2 Unpaid Leave for Family Purpose
                                                         25.3 Annual Leave
                                                         25.4 Time-off in Lieu of Payment for Overtime
                                                         25.5 Make-up Time
                                                         25.6 Rostered Days Off
                                                  26.    Project Close-Down Calendar

                                 Annexure A - Parties bound by this Award
                            Annexure B - DIMIA details for Immigration status
                   Annexure C - Target Programme Milestones/Target Schedule Milestones

                                                2. Introduction

The Parties acknowledge that the building industry has special features, which may require the Parties to enter
into agreements applicable to a particular project. It is recognised that this Award is not intended to extend the
traditional coverage of the Union Parties nor is it intended to cover works not within the scope of works given
to John Holland by their client.

                                                 3. Objectives

3.1    The Parties agree to continue to develop and implement the following objectives in respect of the
       following key areas on the Project:

       (a)    Implementation of forms of work organisation which encourage the use and acquisition of skills
              and continual learning;

       (b)    Continued development of more effective management practices;

       (c)    Continued development of communication processes which facilitate participation by all
              Employers, Employees and Unions;

       (d)    Introduction of new technology and associated change to enhance productivity;

       (e)    Improved quality of work;

       (f)    Increased scope of sub-contract work packages to promote genuine skills enhancement and
              acquisition by Employees;

       (g)    Provision of a career structure for all Employees based on skills, competencies and increased job
              satisfaction;

       (h)    Provision of high standards of occupational health & safety on the Project;

       (i)    Provision of high standards and compliance with environmental principles;

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      (j)    Implementation of this Award, and compliance with all relevant statutory provisions;

      (k)    Elimination of unproductive time;

      (l)    Improved compliance by subcontractors with the provisions of applicable awards and/or
             enterprise agreements and legislative requirements;

      (m)    Improved wages and conditions for all employees working on the project;

      (n)    Increased leisure time for employees by eliminating excessive hours of work;

      (o)    Enhancing job opportunities for persons who have a legal right to work including persons who
             wish to take on apprenticeships or traineeships;

      (p)    Commitment to positive project outcomes including completion within Budget and in accordance
             with Target Programme Milestones and Target Scheduled Milestones;

      (q)    Encourage all employers to have Enterprise Agreements with the relevant union or unions; and

      (r)    Compliance with the NSW Government Construction Industry Code of Practice.

                                                 4. Definitions

"Award" means this John Holland Pty Ltd John Hunter Hospital Access Strategy Building Project Award 2004
made between the Parties.

"John Holland" means John Holland Pty Ltd (ABN 11 004 282 268) Level 6, 235 Pyrmont Street, Pyrmont
NSW 2000.

"Code of Practice" means the New South Wales Government Code of Practice for the Construction Industry.

"Employee" means a person engaged by an Employer and who performs work on the Project.

"Enterprise Agreement" means an agreement registered or certified under the Workplace Relations Act 1996
(CTH) or approved under the Industrial Relations Act 1996 (NSW).

"Employer" means John Holland and/or any subcontractor/s and/or supplementary labour hire providers
engaged to work on the Project.

"EHS&R" means Environment Health Safety and Rehabilitation.

"Environment Health Safety and Rehabilitation Policy" means either of the plan or policy devised and
implemented by the Project Manager for the Project (as amended from time to time).

"Monitoring Committee" means the committee established under clause 10 of this Award.

"Parties" means the Employers, and the Unions referred to in Annexure A.

"Completion" means the completion of the Project where the building is fit for occupancy and/or purpose.

"Peak Councils" means the Labor Council of New South Wales and Newcastle Trades Hall Council.

"Programme Milestones" means the milestones listed in Part 1 of Annexure C as amended by the Monitoring
Committee from time to time.

"Project" means the construction works contracted to John Holland under the John Hunter Hospital Access
Strategy Building Contract.


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"Project Manager" means the Project Manager (Delivery) for the Project appointed by John Holland from time
to time.

"Safety Committee" means the site safety committee formed under the Occupational Health and Safety Act
(NSW) 2000.

"Scheduled Milestones" means those targets described in Part 2 of Annexure C as amended under Clause 7.4
from time to time.

"Unions" means each of the Unions listed in Part 2 of Annexure A.


                                              5. Application

5.1   This Award will apply to work done on the Project by the Employees for the period the Employer
      engages the Employees to work on the Project.

5.2   Where John Holland engages sub-contractor/s, it shall make it a condition of any contract that it enters
      into with its sub-contractor/s that they will not employ or otherwise engage persons, supplementary
      labour hire providers, on wages and conditions, which are less favourable than those set out in this
      Award.

5.3   The Parties also acknowledge and agree that the terms of this Award form part of the tender conditions
      for work on this Project for all subcontracts.

5.4   This Award is generally intended to supplement and co-exist within the terms of existing Enterprise
      Agreements and awards and its primary purpose is to provide a framework for the Employers, the Peak
      Councils and the Unions, to manage those issues on the Project that affect more than one Employer.


                                                6. Duration

6.1   This Award shall operate on and from 12 January 2004 for a period of two years or Practical
      Completion, whichever occurs first.


                                          7. Industry Standards

7.1   Superannuation and Redundancy

      (a)    The Parties acknowledge that a contribution of 9% of ordinary time earnings will be made to the
             superannuation fund nominated in the relevant industrial instruments being C+BUS; NESS; STA,
             TWU or other schemes approved by the Parties.

             (i)    The Employers will make the following minimum contributions into ACIRT or MERT or
                    other schemes approved by the parties:

                    On and from 12 January 2004, $55.00 per week; and

                    On and from 12 January 2005, $60.00 per week.

7.2   Top Up/24 Hour Income Protection Insurance

      Each Employer will provide Workers Compensation Top-Up/24 Hour Income Accident Insurance with
      the UPLUS scheme or other similar schemes, which are approved by the parties to this Award.




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7.3   Project Productivity Allowance

      (a)

             (i)     Subject to subclause 7(c), the Employer will pay a productivity allowance for persons
                     engaged on the project of $1.50 per hour for each hour worked on the Project, in exchange
                     for the productivity work practices detailed within this Agreement and the Scheduled
                     Milestones and Programme Milestones listed in Annexure C.

             (ii)    The productivity allowance shall be paid at a flat rate and shall not attract any premium or
                     penalties.

             (iii)   The Project Manager will determine whether the Schedule Milestones and Programmed
                     Milestones have been achieved. The Project Manager will advise the Employers and the
                     Monitoring Committee accordingly.

7.4   Payment of the Productivity Allowance

      (a)    the parties agree that the productivity allowance is paid only if the Schedule Milestones and
             Programme Milestones are met.

      (b)    the parties agree to use their best endeavours to meet or exceed the Schedule and Programme
             milestones.

      The productivity allowance will be calculated and paid as follows:

             the Project Manager will review the progress of the Works monthly and will verify the
             achievement of the Scheduled and Programme Milestones;

             if the relevant milestones are achieved, the maximum payment will be $1.50 per hour for each
             hour of time worked on the project;

             payment will be made as a part of weekly wages; and

             payment will commence on and from 12 January 2004.

      In the event that a relevant Scheduled or Programme Milestone is not achieved, the Monitoring
      Committee shall meet with the Project Manager to determine:

             (i)     The reason why the milestone was not achieved; and

             (ii)    The action required to achieve the next relevant milestone.

      If a relevant milestone is not achieved for two consecutive months, the productivity allowance will cease
      being paid. However, if in the following period work catches up to the program and the relevant
      Programme Milestone is achieved, and the Scheduled Milestones are achieved, productivity allowance
      payments will recommence and shall include payments for the preceding period(s) not paid.

      The Monitoring Committee will be advised monthly or ‘as needed’, by the Project Manager on the status
      of the project as measured against the Target Schedule and Target Programme Milestones.

      (c)    Transport Drivers Employees

             (i)     Rates of Pay

                     It is further agreed that any Transport Worker carrying out work relating to the Project will
                     be paid, in addition to his/her Award or Enterprise Agreement rate of remuneration, any


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                    applicable Project productivity allowance, provided that the driver has had a regular
                    involvement of two (2) hours or more on any day with the project.

            (ii)    Contract Carrier

                    The Parties agree that all Contract Carriers involved in the Transport Industry shall be
                    paid the rates of pay applicable under the Transport Industry Excavated Materials Contract
                    Determination for the cartage of materials to, on and from the site.

            (iii)   GST

                    Rates paid to contractor’s carriers, including any applicable project productivity
                    allowance, shall be exclusive of GST. A separate amount equal to 10% of the value of the
                    remuneration payable shall be paid to the carrier for contracts of carriage (the GST
                    amount). The total fee payable to the contract carrier shall be the sum of the remuneration
                    payable and the GST Amount.

                      8. Environment, Health, Safety and Rehabilitation (EHS&R)

8.1   Induction

      (a)   All Employees must attend an agreed EHS&R site induction course on commencement of
            engagement on site.

      (b)   All transport workers involved on the project shall undertake an appropriate Blue Card Induction
            Program conducted by a licensed Blue Card Training Provider in conjunction with the employer
            and the Transport Workers’ Union.

8.2   Environment, Health and Safety Plans

      (a)   All Employers must submit an environment, health safety and rehabilitation management plan.
            These plans should include evidence of:

            (i)     risk assessment of their works;

            (ii)    hazard identification, prevention and control;

            (iii)   planning and re-planning for a safe working environment;

            (iv)    industry and trade specific induction of Employees;

            (v)     monitoring performance and improvement of work methods;

            (vi)    reporting of all incidents/accidents;

            (vii)   compliance verification; and

            (viii) regular EHS&R meetings, inspections and audits of the Project.

8.3   The Safety Committee

      The Safety Committee will be properly constituted with an agreed constitution. All members of the
      safety committee will undertake agreed Occupational Health and Safety training with Comet Training or
      other agreed providers.

8.4   Safety Procedures

      (a)   The Parties acknowledge and agree that all Parties are committed to safe working procedures.

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       (b)    If the Project Manager or the Safety Committee is of the opinion that an Employee or Employer
              has committed a serious breach of either the Environment Health and Safety Policy or the
              relevant safety management plan (or any other agreed safe working procedures), the Project
              Manager (or the Project Manager on recommendation from the Safety Committee) will
              implement disciplinary action against the Employer or Employee which may include taking all
              steps required to remove the Employer or Employee from the Project.

       (c)    The Parties agree that pursuant to the Code of Practice, in the event that an unsafe condition
              exists, work is to continue in all areas not affected by that condition and those employers may
              direct employees to move to a safe place of work. No employee will be required to work in any
              unsafe area or situation.

8.5    OH&S Industry Induction

       No person will be engaged on site unless he/she has completed the WorkCover NSW Accredited OH&S
       Industry Induction Course.

8.6    Formwork Safety

       All persons engaged on the erection or dismantling of formwork will have the relevant WorkCover
       Formwork Certificate of Competency. Where an employee does not have a Certificate of Competency
       Comet Training or other agreed providers will be contacted to assess the qualifications of the relevant
       employee.

8.7    Temporary Power/Testing and Tagging

       In order to maintain the highest standards of safety in regard to the use of electricity during construction,
       it is agreed that the temporary installation is installed strictly in accordance with AS 3012 (1995). All
       work is to be carried out by qualified electrical tradesperson. Testing and tagging is to be carried out
       only by a licensed Electrician.

8.8    Crane Safety

       No mobile crane will be allowed on the project site unless it has been certified by Cranesafe Australia
       (New South Wales). Such cranes will be required to display their current Cranesafe inspection label.

                                             9. Dispute Resolution

One of the aims of this Award is to eliminate lost time in the event of a dispute and to achieve prompt resolution
of any dispute.

9.1    Employer Specific Disputes

       In the event of a dispute or conflict occurring specifically between an Employer and its Employees or
       their representative Union, the following procedure will be adopted:

       (a)    Discussion between those directly affected;

       (b)    Discussion between site management representatives of the Employer and the Union delegate;

       (c)    Discussion between site management representatives of the Employer and the Union organiser. If
              the dispute is not resolved within 48 hours it should proceed to Clause 9.1 (d);

       (d)    Discussion between senior management of the Employer, John Holland and the appropriate
              Union official;

       (e)    Discussion between the Secretary of the relevant Union (or nominee) and the John Holland NSW
              Operations Manager (or nominee);

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      (f)   If the dispute is not resolved after step (e), parties to the Award may notify the dispute to the
            Industrial Relations Commission of New South Wales, and request that the Industrial Relations
            Commission of New South Wales resolve the dispute pursuant to its powers set out in the
            Industrial Relations Act 1996 (NSW);

      (g)   Work shall continue without interruption or dislocation during discussion and negotiations
            concerning the dispute;

      (h)   An objective of the Parties is to resolve disputes within seven (7) days.

9.2   Project Wide Disputes

      In the event of a dispute or conflict effecting more than one Employer occurring, the following
      procedure will be adopted:

      (a)   Discussion between those directly affected;

      (b)   Discussion between site management representatives of John Holland and the Union delegate;

      (c)   Discussion between site management representatives of John Holland and the Union organiser;

      (d)   Discussion between senior management of John Holland and the appropriate Union official;

      (e)   Discussion between the Secretary of the relevant Union and/or the Peak Councils requested by a
            Party where (or nominee/s) and John Holland NSW Operations Manager (or nominee);

      (f)   If the dispute is not resolved after Step (e), parties to the Award may notify the dispute to the
            Industrial Relations Commission of New South Wales, and request that the Industrial Relations
            Commission of New South Wales resolve the dispute pursuant to its powers set out in the
            Industrial Relations Act 1996 (NSW);

      (g)   An objective of the Parties is to resolve disputes within seven (7) days;

      (h)   Work shall continue without interruption or dislocation during discussion and negotiations
            concerning the dispute.

9.3   Demarcation Disputes

      In the event that a dispute arises which cannot be resolved between the relevant Unions, the Unions
      agree to the following dispute settling procedure:

      (a)

            (i)     Work shall continue without interruption or dislocation during discussion and resolution of
                    disputes.

            (ii)    Discussion between the Peak Councils and the Unions to try to resolve the dispute.

            (iii)   If the dispute is not resolved after step (b), either Union may notify the dispute to the
                    Industrial Relations Commission of New South Wales and request that the Industrial
                    Relations Commission of New South Wales resolve the dispute pursuant to its powers set
                    out in the Industrial Relations Act 1996 (NSW)

9.4   Procedures to prevent Disputes Regarding Non-Compliance

      (a)   The Code of Practice for the Construction Industry establishes clear principles and specifically
            addresses the standard of behaviour expected of parties involved in NSW Government funded
            projects. Section 7.1 of the Code of Practice states that arrangements or policies designed to

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              avoid award and/or legislative obligations are not permitted. The Code further states that it is the
              responsibility of contractors, subcontractors and supplementary labour hire providers to ensure
              their employees are appropriately engaged, remunerated and there is compliance with the relevant
              tax law. Where an employer is found to be in breach of the Code, there shall be no reduction in
              rates of pay to employees and the provisions of this Project Award shall be applied to all
              employees of the employer.

       (b)    Each subcontractor engaged on site will be specifically advised and monitored in respect of
              payroll tax and required to comply with their lawful obligations.

       (c)    In accordance with Section 127 of the Industrial Relations Act 1996, Section 175(b) of the
              Workers’ Compensation Act 1987 or Part 5B s1G-31J of the Payroll Tax Act 1971 the principal
              contractor will obtain all applicable Sub-Contractors Statements regarding workers’
              compensation, payroll tax and remuneration. A copy of these statements will be available on
              request to an accredited trade union officer or site delegate

       (d)    The union delegate or union official shall advise John Holland if they believe the information that
              has been provided by the subcontractor is not correct.

       (e)    Any dispute concerning non-compliance shall be resolved in accordance with this clause.


                                      10. Project Monitoring Committee

10.1   The Parties may establish a committee to monitor the implementation of this Award.

10.2   This Monitoring Committee if established will meet at the commencement of construction and then at
       monthly intervals or as required during construction on the Project.

10.3   The Monitoring Committee will consider ways in which the aims and objectives of this Award can be
       enhanced, which may include, but not be limited to discussion of:

       (a)

              (i)     developing more flexible ways of working;

              (ii)    enhancing occupational, health and safety;

              (iii)   productivity plans, and

              (iv)    compliance with award and other statutory requirements by employers.

10.4   If the principles of this Award are not being followed, the Committee will develop a plan in consultation
       with the Parties, to implement the intent of the Award.

10.5   Where any industrial action has occurred outside the strict adherence of the dispute settling procedures,
       the Monitoring Committee may withhold or suspend payment of The Project Productivity Allowance. If
       no agreement can be reached by the Monitoring Committee the matter may be referred back to the
       Commission for determination.


                                          11. Productivity Initiatives

11.1   Learning Initiatives

       Each Employer shall be required to demonstrate to John Holland implementation of commitment to skill
       enhancement and workplace reform while working on the Project.


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11.2   Inclement Weather

       (a)

             (i)     The Parties to this Award will collectively proceed towards the minimisation of lost time
                     due to inclement weather.

       (b)   Further, the Parties are bound to adopt the following principles with regard to inclement weather
             and idle time created by inclement weather:

             (i)     Adoption of a reasonable approach regarding what constitutes inclement weather;

             (ii)    Employees shall accept transfer to an area or site not affected by inclement weather if, in
                     the opinion of the Parties, useful work is available in that area or site and that work is
                     within the scope of the Employee’s skill, competence and training consistent with the
                     relevant classification structures (provided that the Employer shall provide transport to
                     such unaffected area where necessary);

             (iii)   Where the initiatives described in (b) above are not possible, the use of non-productive
                     time may be used for activities such as relevant and meaningful skill development;
                     production/upgrade of skill modules; presentation and participation in learning; planning
                     and reprogramming of the Project;

             (iv)    All Parties are committed to an early resumption of work following any cessation of work
                     due to inclement weather;

             (v)     The Parties agree the practice of "one out, all out" will not occur.

11.3   Rostered Days Off

       (a)   Subject to Clause 26, Project Close-Down Calendar, a procedure for the implementation of
             Rostered Days Off (RDO's) will be agreed on the Project. The purpose which is to:

             (i)     increase the quality of working life for Employees; and

             (ii)    increase the productivity of the Project.

       (b)   A roster of RDO's will be prepared, following consultation with the workforce and parties to this
             Award.

       (c)   Records of each Employee’s RDO accruals will be recorded on the employees pay slip and copies
             made available to the Employee, the Employee’s delegate or union official upon request of the
             employee. It is acknowledged that different arrangements in relation to the banking of RDO's may
             apply to members of the CEPU.

       (d)   Where practicable, Saturday work prior to the published industry RDO's will not be worked.

11.4   Maximising Working Time

       (a)   The Parties agree that crib and lunch breaks may be staggered for Employees so that work does
             not cease during crib and lunch. There will be no unreasonable interruption of the comfort of
             employees having lunch with the amenities to be maintained in a clean and hygienic state at all
             times.




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11.5   Hours of Work

       (a)

              (i)    Ordinary hours of work shall be 8 hours per shift between 6.00am and 6.00pm Monday to
                     Friday. However, ordinary hours may commence from 5.00am by agreement between the
                     Employer, Employee and relevant Union. This clause will not override existing
                     arrangements within an individual enterprise.

                                        12. Immigration Compliance

12.1   The Parties are committed to compliance with Australian immigration laws so as to ensure maximum
       work opportunities for unemployed permanent residents and Australian citizens. John Holland will
       advise Employers of the importance of immigration compliance. Where there is concern that an
       employer on the Project is engaging illegal immigrants, John Holland will act decisively to ensure
       compliance.

12.2   Employers are required prior to employees commencing work on-site to check the legal right of
       employees to work. The authorization form attached to this Award as per Appendix B will assist in
       providing evidence of the employee’s legal status.

                                        13. Long Service Compliance

13.1   If applicable, and in accordance with the NSW Building and Construction Industry Long Service Leave
       Act, no Employee will be engaged on site unless he or she is a worker registered with the NSW Long
       Service Payments Corporation. All Employers (if applicable) engaged on site will be registered as
       employers in accordance with the NSW Building and Construction Industry Long Service Payments Act
       and will strictly comply with their obligations.

                                            14. No Extra Claims

14.1   The Parties agree that they will not pursue extra claims in respect of matters covered by this Award
       (including but not limited to any claim for a disability allowance) during the term of this Award.

                                              15. No Precedent

15.1   The Parties agree not to use this Award as a precedent and that this Award will in no way create a claim
       for flow-on of on-site wage rates and conditions.

                                         16. Single Bargaining Unit

16.1   This Award was negotiated by the Labor Council of New South Wales on behalf of the Unions and by
       John Holland in its own right and on behalf of the Employers.

                                              17. Union Rights

The Parties to this Award acknowledge the right of employees to be active union members and respect the right
of the union to organize and recruit employees. The Parties to this Award also acknowledge that good
communication between the union officials, the delegate and its members is an important mechanism in
assisting the parties to resolve grievances and disputes in a timely fashion.

17.1   Visiting Union Officials

       (a)

              (i)    Where practicable, Union officials (party to this Award) when arriving onsite, shall call at
                     the site office and introduce themselves to a Project Management representative of John
                     Holland, prior to pursuing their union duties.

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              (ii)    Union officials shall produce their right of entry permits, if required, and observe the
                      relevant Building Awards, the Occupational Health and Safety Act and Regulations, and
                      other statutory/legislative obligations for entry to the site.

              (iii)   Union officials with the appropriate credentials shall be entitled to inspect all such wage
                      records, other payment records and related documentation necessary to ensure that the
                      Employers are observing the terms and conditions of this Award.

              (iv)    All such wages books and other payment records shall be made available within 48 hours
                      on site or at another convenient, appropriate place, provided notice is given to the
                      Employers and the Project Manager by the Union.

              (v)     Such inspections shall not take place unless there is a suspected breach of this Award,
                      other appropriate Building Awards, Enterprise Agreements, the Industrial Relations Act
                      1996 (NSW), or other Employer Statutory requirements

17.2   Workplace Delegates

       Definition

       In this Award the expression "delegate" means an employee who is the accredited representative of the
       Union at an employer’s work place, and if there is more than one delegate in respect of the workforce of
       that employer then the expression "delegate" means each and every such delegate so accredited by the
       Union in relation to that employer’s workforce.

       (a)

              (i)     Rights of the Delegate

              (ii)    The parties acknowledge it is the sole right of the Union and its members to elect the
                      delegate for each work site, who shall be recognised as the authorised representative of the
                      Union at the site.

              (iii)   The delegate shall have the right to approach or be approached by any employee of the
                      employer to discuss industrial matters with that employee during normal working hours.

              (iv)    The delegate shall have the right to communicate with members of the Union in relation to
                      industrial matters without impediment by the employer. Without limiting the usual
                      meaning of the expression "impediment", this provision applies to the following conduct
                      by an employer:

                             moving a delegate to a workplace or work situation which prevents or significantly
                             impedes communication with members;

                             changing a delegate’s shifts or rosters so that communication with workers is
                             prevented or significantly impeded;

                             disrupting duly organised meetings.

              (v)     The delegate shall be entitled to represent members in relation to industrial matters at the
                      workplace, and without limiting the generality of that entitlement is entitled to be involved
                      in representing members:

                             at all stages in the negotiation and implementation of enterprise agreements or
                             awards or other industrial instruments;

                             the introduction of new technology and other forms of workplace change;


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                             Career path, reclassification, training issues; and to initiate discussions and
                             negotiations on any other matters affecting the employment of members

                             Ensuring that workers on site are paid their correct wages, allowances and other
                             lawful entitlements.

                             To check with relevant industry schemes so as to ensure that superannuation, long
                             service leave and redundancy has been paid on time.

              (vi)    In order to assist the delegate to effectively discharge his or her duties and responsibilities,
                      the delegate shall be afforded the following rights:

                             the right to reasonable communication with other delegates, union officials and
                             management in relation to industrial matters, where such communication cannot be
                             dealt with or concluded during normal breaks in work;

                             at least 10 days paid time off work to attend relevant Union training
                             courses/forums;

                             paid time off to attend meetings of delegates in the industry, as authorized by the
                             relevant union.

              (vii)   The Employer of a delegate shall l provide delegates the following:

                             a lockable cabinet for the keeping of records;

                             a lockable notice board for the placement of Union notices at the discretion of the
                             delegates;

                             where practicable, i.e. on large sites, a union office;

                             where a union office room is not practicable, access to a meeting room;

                             use of the telephone for legitimate union business;

                             from existing resources, and when required access to:-

                                    a word-processor, typewriter, or secretarial support at the workplace;

                                    personal computer and e-mail access;

                                    a photocopier or facsimile machine.

              (viii) There shall be no deduction to wages where the Union requires a delegate to attend any
                     Court or Industrial Tribunal proceedings relating to Industrial matters at the workplace.

17.3   Union Membership

       Properly accredited officials and workplace representatives of the union shall have the right to be
       provided with appropriate access to employees to promote the benefits of union membership. Nothing in
       this clause shall be contrary to the law.

       To assist in this process the Employer shall:




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       (a)

              (i)     If requested by the union and on the written authority of the employee provide payroll
                      deduction services for union fees. Such fees shall be remitted to the union on a monthly
                      basis with enough information supplied to enable the union to carry out a reconciliation;

              (ii)    Provide the union with access to talk to new employees at induction training;

              (iii)   Ensure that all supervisors are trained in the provisions of the Project Award and the
                      employer’s policy on union membership.


                                            18. Australian Content

18.1   The Project Manager shall endeavour to maximise Australian content in materials and construction
       equipment on the Project where practical and feasible.


                                            19. Protective Clothing

19.1   Employers will provide their Employees engaged on site with legally produced Australian made
       protective clothing and footwear on the following basis:

       (a)    Safety Footwear

              Appropriate safety footwear shall be supplied on commencement if not already provided, to all
              persons engaged on site and will be replaced on a fair wear and tear provided they are produced
              to the Employer as evidence.

       (b)    Clothing

              Two sets of protective clothing (combination of bib and brace or shorts, trousers and shirts) will
              be supplied to all persons after accumulated engagement on site of 152 hours or more and will be
              replaced once per calendar year as a result of fair wear and tear and are produced to the Employer
              as evidence.

       (c)    Jackets

              Each person, after accumulated employment on site of 152 hours shall be eligible to be issued
              with warm woollen bluey jacket or equivalent, which will be replaced once per calendar year on a
              fair wear and tear basis.

19.2   In circumstances where any Employee(s) of Employers are transferred to the project from another
       Project where an issue of equivalent clothing was made, then such Employee shall not be entitled to an
       issue to this Project until the expiry of the calendar year or on a fair wear and tear basis.

19.3   Employees who receive from their Employer an issue and replacement of equivalent clothing and/or
       safety footwear as part of the Employer’s policy or relevant industrial instrument shall not be entitled to
       the provisions of this clause.

19.4   Employers will consult with the Peak Councils to be provided with a list of Australia Manufacturers who
       do not use illegal or exploited labour in the manufacturing of their work clothes.

19.5   Employers of transport workers who regularly have transport workers on the project will supply workers
       with Safety Footwear, 1 set of Clothing and 1 Jacket prior to the commencement of work at the site.
       However the Employer does not need to supply the above if the said transport worker has been issued
       with the clothing within the previous twelve (12) months and the Employer can substantiate that fact.


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                              20. Workers Compensation and Insurance Cover

20.1   Employers must ensure that all persons that they engage to work on the project are covered by workers
       compensation insurance.

20.2   John Holland will obtain Workers Compensation Certificates of Currency from each Employer engaged
       on site and a declaration (WorkCover’s Subcontractor Statement) from each Employer that they have
       paid the premiums in respect to that insurance. John Holland in conjunction with the site union delegate
       will review the wages estimate and tariff declared for the type of work undertaken is correct. This
       information will be available to authorised Union officials on request.

20.3   Employers and their Employees must comply with the following steps to ensure expedited payment of
       workers compensation:

       (a)    All Employees will report injuries to the project first aider and their supervisor at the earliest
              possible time after the injury

       (b)    All Employees will comply with the requirements for making a workers compensation claim,
              including the provision of a WorkCover medical certificate, at the earliest possible time after the
              injury. This information will also be supplied to the project first aid officer, and their supervisor.

       (c)    In cases where the Employee is unable to comply with the above, the relevant employer will assist
              in fulfilling requirements for making a claim.

20.4   Employers must ensure that they are aware of and will abide by Sections 63 to 69 of the Workers Injury
       Management and Workers Compensation Act 1998, which provide that:

       (a)    The Employer shall keep a register of injuries /site accident book in a readily accessible place on
              site;

       (b)    All Employees must enter in the register any injury received by the Employee. The Employer
              must be notified of all injuries on site immediately. The employer must notify the insurer within
              48 hours of a significant injury;

       (c)    An Employer who receives a claim for compensation, must within seven (7) days of receipt,
              forward the claim or documentation, to their insurer;

       (d)    An Employer who receives a request from their insurer for further specified information must
              within seven (7) days after receipt of the request, furnish the insurer with the information as is in
              the possession of the Employer or reasonably obtained by the Employer;

       (e)    An Employer who has received compensation money from an insurer shall forward such money
              to the person entitled to the compensation within three (3) working days;

20.5   Where there has been a serious incident and/or accident which has resulted in a serious injury or loss of
       life the employer shall notify the relevant union immediately

20.6   The Employer will also complete the relevant accident notification form and send it to WorkCover.

                                                21. Apprentices

21.1   As part of the Project’s commitment to industry training, a ratio of one apprentice/ trainee to every four
       tradespersons within each Employer’s workforce is to be maintained.

                                    22. Training and Workplace Reform

22.1   The Parties are committed to achieving improvements in productivity and innovation through
       cooperation and reform. Employers are expected to demonstrate their commitment to develop a more

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       highly skilled workforce by providing their Employees with career opportunities through appropriate
       access to training and removing any barriers to the use of skills acquired.

                                             23. Project Death Cover

23.1   John Holland will guarantee the beneficiary of any employee who dies as a consequence of working on
       the project will be paid a death benefit of $25,000. Such benefit shall be paid within fourteen (14) days
       of the production of appropriate documentation. This payment shall be in addition to any other
       entitlement that might be paid to the beneficiary as a consequence of the death of the employee.

                                             24. Anti-Discrimination

24.1   It is the intention of the parties bound by this Award to seek to achieve the object in section 3(f) of the
       Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.

24.2   This includes discrimination on the ground of race, sex, martial status, disability, homosexuality,
       transgender identity, responsibilities as a carer and age. It follows that in fulfilling their obligations
       under the dispute resolution procedure prescribed by this Award, the parties have obligations to take all
       reasonable steps to ensure that the operation of the provisions of this Award are not directly or indirectly
       discriminatory in their effects. It will be consistent with fulfilment of these obligations for the parties to
       make application to vary any provision of the Award, which, by its terms or operation, has a direct or
       indirect discriminatory effect.

24.3   Under the Anti-Discrimination Act 1977, it is unlawful to victimise an Employee because the Employee
       has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

24.4   Nothing in this clause is to be taken to affect:

       (a)    any conduct or act which is specifically exempted from anti-discrimination legislation;

       (b)    offering or providing junior rates of pay to persons under 21 years of age;

       (c)    any act or practice of a body established to propagate religion which is exempted under section
              56(d) of the Anti-Discrimination Act 1977;

       (d)    a party to this Award from pursuing matters of unlawful discrimination in any State or federal
              jurisdiction.

24.5   This clause does not create legal rights or obligations in addition to those imposed upon the parties by
       legislation referred to in this clause.

                                           25. Personal/Carers Leave

25.1   Use of Sick Leave

       (a)    An Employee, other than a casual employee, with responsibilities in relation to a class of person
              set out in clause 25.1 (c)(ii) who needs the Employee’s care and support, shall be entitled to use,
              in accordance with this subclause, any current or accrued sick leave entitlement, for absences to
              provide care and support, for such persons when they are ill. Such leave may be taken for part of
              a single day.

       (b)    The Employee shall, if required, establish either by production of a medical certificate or
              statutory declaration, the illness of the person concerned and that the illness is such as to require
              care by another person. In normal circumstances, an Employee must not take corer’s leave under
              this subclause where another person has taken leave to care for the same person.




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       (c)   The entitlement to use sick leave in accordance with this subclause is subject to:

             (i)      the Employee being responsible for the care of the person concerned; and

             (ii)     the person concerned being:

                            a spouse of the Employee; or

                            a de facto spouse, who, in relation to a person, is a person of the opposite sex to the
                            first mentioned person who lives with the first mentioned person as the husband or
                            wife of that person on a bona fide domestic basis although not legally married to
                            that person; or

                            a child or an adult child (including an adopted child, a step child, a foster child or
                            an ex-nuptial child), parent (including a foster parent and legal guardian)
                            grandparent, grandchild or sibling of the Employee or spouse or de facto spouse of
                            the employee; or

                            a same sex partner who lives with the Employee as the de factor partner of that
                            Employee on a bona fide domestic basis; or

                            a relative of the Employee who is a member of the same household, where for the
                            purposes of this paragraph:

                                   "relative" means a person related by blood, marriage or affinity;

                                   "affinity" means a relationship that one spouse because of marriage has to
                                   blood relatives of the other: and

                                   "household" means a family group living in the same domestic dwelling.

       (d)   An Employee shall, wherever practicable, give the Employer notice prior to the absence of the
             intention to take leave, the name of the person requiring care and that person’s relationship to the
             Employee, the reasons for taking such leave and the estimated length of absence. If it is not
             practicable for the Employee to give prior notice of absence, the Employee shall notify the
             Employer by telephone of such absence at the first opportunity on the day of absence.

25.2   Unpaid Leave for Family Purpose

       (a)   An Employee may elect, with the consent of the Employer, to take unpaid leave for the purpose
             of providing care and support to a member of a class of person set out in 25.1 (c)(ii) above who is
             ill.

25.3   Annual Leave

       (a)   An Employee may elect with the consent of the Employer, subject to the Annual Holidays Act
             1944 (NSW), to take annual leave not exceeding five days in single day periods or part thereof, in
             any calendar year at a time or times agreed by the parties.

       (b)   Access to annual leave, as prescribed in paragraph 25.3(a) above, shall be exclusive of any
             shutdown period provided for elsewhere under this Award.

       (c)   An Employee and Employer may agree to defer payment of the annual leave loading in respect of
             single day absences, until at least five consecutive annual leave days are taken.




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25.4   Time-off in Lieu of Payment for Overtime

       (a)    An Employee may elect, with the consent of the Employer, to take time-off in lieu of payment for
              overtime at a time or times agreed with the Employer within twelve (12) months of the said
              election.

       (b)    Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that
              is an hour for each hour worked.

       (c)    If, having elected to take time as leave in according with paragraph 25.4(a) above, the leave is not
              taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry
              of the twelve (12) month period or on termination.

       (d)    Where no election is made in accordance with paragraph 25.4(a), the Employee shall be paid
              overtime rates in accordance with the award.

25.5   Make-up Time

       (a)    An Employee may elect, with the consent of the Employer, to work "make up time", under which
              the employee takes time off ordinary hours, and works those hours at a later time, during the
              spread of ordinary hours provided in the award at the ordinary rate of pay.

       (b)    An Employee on shift work may elect, with the consent of the Employer, to work "make up time"
              (under which the Employee takes time off ordinary hours and works those hours at a later time at
              a later time), at the shift work rate, which would have been applicable to the hours taken off.

25.6   Rostered days off

       (a)    An Employee may elect, with the consent of the Employer, to take a rostered day off at any time.

       (b)    An Employee may elect, with the consent of the Employer, to take rostered days off in part day
              amounts.

       (c)    An Employee may elect, with the consent of the Employer, to accrue some or all-rostered days off
              for the purpose of creating a bank to be drawn upon at a time mutually agreed between the
              Employer and Employee, or subject to reasonable notice by the Employee or the Employer.

       (d)    This subclause is subject to the Employer informing each Union which is both party to the Award
              and which has members employed at the particular enterprise of its intention to introduce an
              enterprise system of RDO flexibility, and providing a reasonable opportunity for the Unions to
              participate in negotiations.

                                      26. Project Close-Down Calendar

26.1   For the purposes of this Award the Parties agree that the following Calendar will be adopted for the
       Project. The calendar has been produced with a view to maximising quality leisure time off for all
       employees. Accordingly, the Parties agree that on certain weekends (as set out in the Calendar), no work
       shall be carried out.

       Provided, however, where there is an emergency or special client need, work can be undertaken on the
       weekends and adjacent RDO’s as set out below, subject to the agreement of the appropriate union
       secretary or nominee. In such circumstances reasonable notice (where possible), shall be given to the
       union (or union delegate).

       The provisions of this clause should be read in conjunction with the Annual Building and Construction
       Industry Rostered Days Off Calendar.



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                                       Site Calendar 2004

          Saturday          January 24
          Sunday            January 25
          Monday            January 26            Australia Day Public Holiday
          Tuesday           January 27            RDO

          Friday            April 9               Good Friday Public Holiday
          Saturday          April 10
          Sunday            April 11              Easter Sunday
          Monday            April 12              Easter Monday Public Holiday
          Tuesday           April 13              RDO

          Saturday          April 25
          Sunday            April 26
          Monday            April 27              ANZAC gazetted holiday
          Tuesday           April 28              RDO

          Saturday          June 12
          Sunday            June 13
          Monday            June 14               Queens Birthday Public Holiday
          Tuesday           June 15               RDO

          Saturday          October 2
          Sunday            October 3
          Monday            October 4             Labor Day Public Holiday
          Tuesday           October 5             RDO
          Saturday          December 4
          Sunday            December 5
          Monday            December 6            Union Picnic Day
          Tuesday           December 7            RDO (if applicable)

                                       Site Calendar 2005

          Saturday         January 1             New Year’s Day
          Sunday           January 2
          Monday           January 3             New Year’s Day Public Holiday

          Wednesday        January 26            Australia Day Public Holiday
          Thursday         January 27            RDO
          Friday           January 28            RDO
          Saturday         January 29
          Sunday           January 30

          Friday           March 25              Good Friday Public Holiday
          Saturday         March 26
          Sunday           March 27              Easter Sunday
          Monday           March 28              Easter Monday Public Holiday
          Tuesday          March 29              RDO

          Friday           April 22              RDO
          Saturday         April 23
          Sunday           April 24
          Monday           April 25              ANZAC Day Public Holiday



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               Saturday             June 11
               Sunday               June 12
               Monday               June 13               Queen’s Birthday Public Holiday
               Tuesday              June 14               RDO

               Saturday             October 1
               Sunday               October 2
               Monday               October 3             Labour Day Public Holiday
               Tuesday              October 4             RDO

               Saturday             December 3
               Sunday               December 4
               Monday               December 5            Union Picnic Day
               Tuesday              December 6            RDO


                                                Site Calendar 2006

To be agreed between the Parties.


                                                ANNEXURE A
                                                     Parties

Part 1

Employers:

         John Holland Pty Ltd
         and any subcontractors engaged to work on the project.

Part 2

Unions:

         The Labor Council of New South Wales

         The Newcastle Trades Hall Council

         Automotive Food Metals Engineering Printing & Kindred Industries Union

         Construction Forestry Mining and Energy Union, New South Wales Branch

         Communication Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of
         Australia (NSW) Branch - Plumbing Division;

         Electrical Trades Union of Australia (NSW Branch)

         Transport Workers Union




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                                               ANNEXURE B
                      Authority to Obtain from DIMIA Details of Immigration Status

I,
  (Family name)                                          (Given name(s))

Date of birth:                            Nationality:

Visa number:                                             Passport number:

authorise the Department of Immigration and Multicultural Affairs (DIMIA) to release by fax to:
                                                        (Name of employer representative)


details of my immigration status and entitlement to work legally in Australia.

This information will only be made available to a representative of a principal contractor and authorised
trade union officer on request.

I also understand the above-named will only use this information for the purpose of establishing and
verifying only my legal entitlement to work in Australia and for no other purpose.

Signed:                                                            Dated:

Name of employer:

Phone:                                          Fax:

Please send or fax this form to:
The Department of Immigration and Multicultural Affairs
Phone: 1800 040 070              Fax: 1800 505 550

                                               ANNEXURE C
                                    Part 1 - Target Programme Milestones

     Milestone                       John Hunter HASB Works Description                         Target Date
         1             Dust Omission Reductions
                       Reduce to max 75ug/m³ TSPM                                           December 2004
                       Reduce to max 50ug/m³ TSPM                                           July 2005
           2           Loop Road Early Handback
                       Return traffic to original road                                      14 July 2004
           3           Tenancy Works
                       Provide access for tenancy fit-out four (4) weeks prior to project
                       handover                                                             27 July 2005
           4           Specialists Major Medical Equipment
                       Provide early access for specialists to install major medical
                       equipment six (6) weeks                                              13 July 2005
           5           Project handover                                                     24 August 2005

NOTE:

1        The above "Target Programme Milestones" are provided to generally achieve or better the original
         Contract Programme. It is acknowledged that the Monitoring Committee may adjust these milestones
         from time to time in order to reflect unavoidable project delays.


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2        Payments shall be made progressively on a weekly basis if it is agreed by the Monitoring Committee that
         the milestones for the project are being or have been met, in accordance with this Award.

3        If, at any time, the Monitoring committee cannot agree that the milestones are being or have been met,
         then Productivity Incentive Payments may be suspended until the matter is resolved in accordance with
         this Award.

4        Unavoidable project delays shall include all extensions of time as approved by the Client under the Head
         Contract and delays caused to Target Programme Milestones as a result of works re-programming or re-
         scheduling by John Holland to meet contractual completion requirements.

                                        Part 2 - Target Schedule Milestones

            Milestone                   Objective (must be satisfied at each Target Programme Milestone)
    1. Training                 All members of workforce actively participating in organised training.
    2. Safety                   All members of the workforce actively working with the OH&S Committee, the
                                Project Manager, Hunter Area Health
                                Service and their employer to improve safety performance on the project.
                                This includes the reduction of lost time injuries and full cooperation with John
                                Holland Construction Group’s "Project Safety Management Plan"
                                and "Traffic Management Plan"
    3. Environment              All members of the workforce working actively with union
                                delegates, the Project Manager, Hunter Area Health Service and
                                their employer to satisfy the requirements of the "Project
                                Environmental Management Plan"
    4. Quality                  All members of the workforce actively working with their
                                employer and John Holland Construction Group to deliver the
                                quality product required by Hunter Area Health Service.
    5. Behaviour                All members of the workforce actively working with union
                                delegates, the Project Manager and their employer to ensure the
                                quite enjoyment of patients, hospital staff and neighbours during
                                the carrying out of works on the project, in line with procedures
                                developed between the Project Manager and Hunter Area Health
                                Service.



                                                                              J. N. REDMAN, Commissioner.


                                               ____________________


Printed by the authority of the Industrial Registrar.




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(004)                                                                                          SERIAL C2859

        ADVERTISING SALES REPRESENTATIVES (SYDNEY DAILY
                      NEWSPAPERS) AWARD
                    INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

                                                  (No. IRC 1733 of 2004)

Before Mr Deputy President Grayson                                                                 25 June 2004

                                               REVIEWED AWARD

1.      Delete the words "Table 1 - Minimum Award Wage Rates" in subclause (a) of clause 4, Remuneration of
        the award published 1 March 2002 (331 I.G 1006) and insert in lieu thereof the following:

        "Table 1 - Rates of Pay".

2.      Delete the words "clause 16, Sick Leave" from paragraph (a) of subclause 1 of clause 16,
        Personal/Carers Leave and insert in lieu thereof the following:

        "clause 10, Sick Leave".

3.      Delete the words "Department of Social Security" wherever appearing in paragraph (g) of subclause (iv)
        of clause 19 Redundancy and replace in lieu thereof the following:

        "Centrelink".

4.      Delete the word "Note" from subclause (d) of clause 21, Area Incidence and Duration.

5.      The changes made to the Award pursuant to the Award Review under Section 19(6) of the Industrial
        Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial
        Relations Commission of New South Wales on 18 December 1998 (85 IR 38) take effect on and from 25
        June 2004.

        This Award remains in force until varied or rescinded, a period for which it was made already having
        expired”.



                                                                                   J. P. GRAYSON D.P.


                                               ____________________


Printed by the authority of the Industrial Registrar.




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(1289)                                                                                             SERIAL C2830

                          HEALTH MANAGERS (STATE) AWARD
                     INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

                                                 (No. IRC 1752 of 2004)

Before Mr Deputy President Grayson                                                                       8 June 2004

                                               REVIEWED AWARD

1.       Renumber the existing clause 6A, Anti-Discrimination to read as clause 7, and clause 7, Area, Incidence
         and Duration to read as clause 8, of the award published 6 November 1998 (307 I.G. 73), as follows:

                                                     7.       Anti-Discrimination
                                                     8.       Area, Incidence and Duration

2.       Delete subclause (i) (vi) and (vii) the definitions, of clause 1, Definitions, and insert in lieu thereof the
         following:

         (i)     "Union" means the Health Services Union.

         (vi)    "Health Service" means an Area Health Service constituted under section 8 of the Health Services
                 Act 1997, a Statutory Health Corporation constituted under section 11 of that Act, and an
                 Affiliated Health Organisation constituted under section 13 of that Act.

         (vii)   "Hospital" means a public hospital as defined in section 15 of the Health Services Act 1977.

3.       Delete clause 4, Conditions of Service, and insert in lieu thereof the following:

                                              4. Conditions of Service

The Health Employees Conditions of Employment (State) Award, as varied from time to time, shall apply to all
persons covered by this award.

In addition, the Health Industry Status of Employment Interim (State) Award, shall also apply to relevant
employees.

4.       Delete clause 5, No Extra Claims, and insert in lieu thereof the following:

                                                5. No Extra Claims

The Union undertakes not to pursue any new salaries or conditions claims arising from negotiations of
productivity and efficiency improvements covered by the Memorandum of Understanding between the New
South Wales Government and the Union dated 2 March 2000.

5.       Delete subclause (ii) of clause 8, Area, Incidence and Duration, and insert in lieu thereof the following
         new subclauses:

         (ii)    The changes made to the award pursuant to the Award Review under section 19(6) of the
                 Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by
                 the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take
                 effect on and from 8 June 2004.



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       (iii)   This award remains in force until varied or rescinded, the period for which it was made already
               having expired.



                                                                                   J. P. GRAYSON D.P.


                                               ____________________


Printed by the authority of the Industrial Registrar.




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(050)                                                                                            SERIAL C2640

        BREEDING AND RAISING OF PIGS, &c., EMPLOYEES (STATE)
                             AWARD
                      INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

                                                (No. IRC 5598 of 2003)

Before The Honourable Mr Deputy President Harrison                                                      2 March 2004

                                              REVIEWED AWARD

1.      Renumber in clause 1, Arrangement, of the award published 20 July 2001 (326 I.G. 371), clause 27A
        Deduction of Union Membership Fees to read as clause 28 and renumber subsequent clauses
        accordingly:

                                                    28.    Deduction of Union Membership Fees
                                                    29.    Area, Incidence and Duration

2.      Delete subclause (i) of clause 4, Hours of Work, and insert in lieu thereof the following:

        (i)

                (a)    Subject to the provisions of paragraph (b) of this subclause, the ordinary hours of work
                       shall not, without the payment of overtime, exceed 38 hours per week, and shall be worked
                       continuously, except for meal breaks, for eight hours per day, five days per week, Monday
                       to Friday inclusive, between the hours of 6:00am and 6:00pm.

                (b)    Where genuine agreement exists between the employer and the employee, the following
                       may apply:

                       The ordinary hours of work shall not, without the payment of overtime, exceed 38 hours
                       per week, and shall be worked continuously, except for meal breaks, Monday to Friday
                       inclusive, between the hours of 6:00am and 6:00pm.

3.      Delete subclause (iii) of clause 5, Superannuation, and insert in lieu thereof the following:

        (iii)   The employer shall contribute to the Fund in accordance with the legislation provided that
                employer contributions do not fall below 3% of ordinary time earnings:

                Notation: Employer contributions under relevant legislation are set at 9% from 1 July 2002.

4.      Delete subclause (ix), of clause 5, Superannuation, and insert in lieu thereof the following:

        (ix)    Ordinary time earnings shall be defined as including:

                (a)    Award classification rate.

                (b)    Overaward payment.

                (c)    Shift loading - including weekend and public holiday penalty rates earned by shift
                       employees on normal rostered shifts forming the ordinary hours of duty not when worked
                       as overtime.


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5.    Delete the words "bank transfer" wherever appearing in subclause (ii) of clause 6, Payment of Wages,
      and insert in lieu thereof the following:

      electronic funds transfer

6.    Delete subclause (iv), of clause 10, Overtime, and insert in lieu thereof the following:

      (iv)   An employee recalled to work overtime during the normal working week (Monday to Friday,
             inclusive) after leaving the employer's business premises (whether notified before or after leaving
             the premises) shall be paid for a minimum of four hours' work at the appropriate rate for each
             time so recalled. However, the employee shall not be required to work the full four hours if the
             work the employee is recalled to perform is completed within a shorter period.

7.    Delete paragraphs (b) and (c), of subclause (iv), of clause 11, Anti-Discrimination and Harassment, and
      insert in lieu thereof the following:

      (b)    Offering or providing junior rates of pay to persons under 21 years of age.

      (c)    Any act or practice of a body established to propagate religion which is exempted under section
             56(d) of the Anti-Discrimination Act 1977 (NSW).

      (d)    A party to this award from pursuing matters of unlawful discrimination in any state or federal
             jurisdiction.

8.    Delete subclause (v), of clause 16, Bereavement Leave, and insert in lieu thereof the following:

      (v)    Bereavement leave may be taken in conjunction with other leave available under subclause (ii),
             (iii), (iv), (v) and (vi) of the said clause 20. In determining such a request the employer will give
             consideration to the circumstances of the employee and the reasonable operational requirements
             of the business.

9.    Delete the title of clause 20, Personal Carers' Leave, and insert in lieu thereof the following:

                                            Personal/Carers' Leave

10.   Delete the words "subclause (1)" appearing in paragraph (a) of subclause (ii) of clause 20,
      Personal/Carers' Leave and insert in lieu thereof the following:

      subclause (i)

11.   Delete the words "paragraph (1)" wherever appearing in clause 26, Redundancy and insert in lieu thereof
      the following:

      paragraph (i)

12.   Delete the words "Employment National" wherever appearing in subclause (D)(vi), of clause 26,
      Redundancy, and insert in lieu thereof the following:

      Centrelink

13.   Delete clause 27, Training Wage, and insert in lieu thereof the following:

      Refer to the Rural Traineeship (State) Award.

14.   The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial
      Relations Act, 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial
      Relations Commission of NSW on 28 April 1999 (310 I.G. 359) and take effect on 2 March 2004.


                                                      - 272 -
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       This award remains in force until varied or rescinded, the period for which it was made already having
       expired.



                                                                                R. W. HARRISON D.P.




                                               ____________________


Printed by the authority of the Industrial Registrar.




                                                        - 273 -
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(380)                                                                                             SERIAL C2841

                        HEALTH EMPLOYEES' (STATE) AWARD
                     INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

                                                 (No. IRC 1741 of 2004)

Before Mr Deputy President Grayson                                                                       8 June 2004

                                              REVIEWED AWARD

1.      Renumber the existing clause 7A, Anti-Discrimination to read as clause 8, and clause 8, Area, Incidence
        and Duration to read as clause 9 of the award published 6 November 1998 (307 I.G. 29), as follows:

                                                    8.       Anti-Discrimination
                                                    9.       Area, Incidence and Duration

2.      Delete the definition (iv) "Apprentices" of clause 1, Definitions, and insert in lieu thereof the following:

        (iv)   Apprentices -

               (a)    Adult Apprentice means any person entering on an apprenticeship or continuing in an
                      apprenticeship (including a probationary or trainee apprenticeship) on or after his/her
                      twenty-first birthday.

               (b)    Apprentice means an employee who is party to an apprenticeship contract, and includes a
                      person who is employed as an apprentice but in respect of whom an apprenticeship
                      contract is not yet in force.

               (c)    Apprenticeship means an apprenticeship established under Division 2 of Part 2 of the
                      Apprenticeship and Traineeship Act 2001.

               (d)    Apprenticeship Trade Course means the trade course provided by the Department of
                      Technical and Further Education or its successors which is appropriate to the trade
                      classification of an apprentice. These courses are presently known as the "Commercial
                      Cookery Trade Course" and the "Parks and Gardens Trade Course".

3.      Delete the definition (ix) "Health Service" of clause 1, Definitions, and insert in lieu thereof the
        following:

        (ix)   Health Service means an Area Health Service constituted under section 8 of the Health Services
               Act 1997, a Statutory Health Corporation constituted under section 11 of that Act, and an
               Affiliated Health Organisation constituted under section 13 of that Act.

4.      Delete the definition (x) "Association" in clause 1, Definitions, and insert in lieu thereof the following:

        (x)    Union means the Health Services Union.

5.      Delete the definition (xx) "Hospital" in clause 1, Definitions, and insert in lieu thereof the following:

        (xx)   Hospital means a public hospital as defined in section 15 of the Health Services Act 1997.




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6.    Delete the definition (xxii) "Laundry Foreman and Forewoman" in clause 1, Definitions, and insert in
      lieu thereof the following:

      (xxii) Laundry Foreperson (in hospital having an adjusted daily average of 200 or more occupied beds),
             means the person employed as such and who is appointed to assist in the management of the
             laundry or to be responsible to the laundry manager for a section of the laundry and shall be
             graded according to the following:

             (a)    Grade A - assisting in the management of a laundry or a hospital of 500 or more adjusted
                    daily average.

             (b)    Grade B - assisting in the management of a laundry of a hospital of 300 but less than 500
                    adjusted daily average or responsible for a section of a laundry of a hospital of 500 or
                    more adjusted daily average.

             (c)    Grade C - assisting in the management of a laundry of a hospital of 200 but less than 300
                    adjusted daily average, or responsible for a section of a laundry of a hospital of 300 but
                    less than 500 adjusted daily average.

7.    Delete definition (xxiii) "Laundry Assistant Forewoman" in clause 1, Definitions, and insert in lieu
      thereof the following:

      (xxiii) Laundry Assistant Foreperson means a person employed as such in a hospital with an adjusted
              daily average of occupied beds of not less than 100 beds and who is regularly required to assist in
              the supervision of laundry staff.

8.    Delete definition (xxxi) "Wardsman" in clause 1, Definitions, and insert in lieu thereof the following:

      (xxxi) Wardsperson means an employee who is required to undertake limited duties associated with the
             care of patients such as pre-operative shaves, routine enemata, bathing of patients, general
             assistance in wards and cleaning duties.

9.    Delete definition (xxxii) "Health and Security Assistant" in clause 1, Definitions, and insert in lieu
      thereof the following:

      (xxxii) Health and Security Assistant means a person appointed as such who has the following
              responsibilities:

                    a person required to undertake limited duties associated with the care of patients such as
                    pre-operative shaves, routine enemata, bathing of patients, general assistance in wards and
                    cleaning duties; and/or

                    a person who undertakes routine clerical/administrative work (Level 1); and/or

                    a person who has the primary functions usually undertaken by the classification of
                    Hospital Assistant Grade 1,2 or 3; and/or

                    any other classification of staff agreed to between the Health Administration Corporation
                    and the Union.

             and in addition, undertakes securing, watching, guarding and/or protecting as directed, including
             response to alarm signals and attendances.

             Such employee is required to be appropriately licensed in accordance with the Security Industry
             Act 1997.

10.   Delete clause 4, Exemptions, and insert in lieu thereof the following:


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                                                    4. Exemptions

This award shall not apply to:

(a)    Members, novices or aspirants of religious orders in public hospitals, the names of whom are included or
       hereafter shall be included in the third schedule to the Health Services Act 1997.

(b)    Employees of Stewart House Preventorium

11.    Delete clause 5, Conditions of Service, and insert in lieu thereof the following:

                                              5. Conditions of Service

The Health Employees Conditions of Employment (State) Award, as varied from time to time, shall apply to all
persons covered by this award.

In addition, the Health Industry Status of Employment Interim (State) Award, shall also apply to relevant
employees.

12.    Delete clause 6, No Extra Claims, and insert in lieu thereof the following:

                                                 6. No Extra Claims

The Union undertakes not to pursue any new salaries or conditions claims arising from negotiations of
productivity and efficiency improvements covered by the Memorandum of Understanding between the New
South Wales Government and the Union dated 2 March 2000.

13     Delete subclause (ii) of clause 8, Area, Incidence and Duration, and insert in lieu thereof the following
       new subclauses:

       (ii)    The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the
               Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by
               the Industrial Relations Commission of NSW on 28 April 1999 (310 I.G. 359) and take effect on
               8 June 2004.

       (iii)   This award remains in force until varied or rescinded, the period for which it was made having
               already expired.



                                                                                      J. P. GRAYSON D.P.




                                               ____________________


Printed by the authority of the Industrial Registrar.




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(1506)                                                                                      SERIAL C2557

                    COAL SERVICES PTY LIMITED AWARD 1999
                    INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

                                               (No. IRC 5698 of 2003)

Before Commissioner Macdonald                                                               23 February 2004

                                            REVIEWED AWARD

                                                     1. Title

1.1      This Award will be referred to as the Coal Services Pty Limited Award 1999.

                                                2. Arrangement

                                                  1.      Title
                                                  2.      Arrangement
                                                  3.      Operation of the Award and Parties Bound
                                                  4.      Definitions
                                                  5.      Classifications and Salaries
                                                  6.      Payment of Salary
                                                  7.      Personal Allowances
                                                  8.      Superannuation
                                                  9.      Overtime
                                                  10.     Higher Duties Allowance
                                                  11.     Hours of Work
                                                  12.     Penalty Rates for Shift Work, Weekend Work and
                                                          Special Working Conditions
                                                  13.     Part-Time Work
                                                  14.     Temporary Employment
                                                  15.     Casual Employment
                                                  16.     Absence
                                                  17.     Public Holidays
                                                  18.     Approval of Leave
                                                  19.     Recreation Leave
                                                  20.     Annual Leave Loading
                                                  21.     Minimum Sick Leave Entitlements
                                                  22.     Long Service Leave
                                                  23.     Accident Make Up Pay
                                                  24.     Arbitration Leave
                                                  25.     Trade Union Training Leave
                                                  26.     Court Attendance Leave
                                                  27.     Jury Service Leave
                                                  28.     Bereavement Leave
                                                  29.     Personal And Carers Leave
                                                  30.     Defence Service Training Leave
                                                  31.     Ex-Service Leave
                                                  32.     Fire Fighting Leave
                                                  33.     Leave Without Pay
                                                  34.     Parental Leave
                                                  35.     Probation
                                                  36.     Discipline and Termination of Employment


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                                                37.    Redundancy
                                                38.    Travelling Expenses
                                                39.    Excess Travelling Time
                                                40.    Use of Private Motor Vehicle on Board Business
                                                41.    Transfer
                                                42.    Promotion Appeals
                                                43.    Grievance And Dispute Procedures
                                                44.    Access to the Union
                                                45.    Access to the Award
                                                46.    Anti Discrimination
                                                47.    Exclusions
                                                48.    Consent Award


                              3. Operation of the Award and Parties Bound

3.1   This Award will come into operation from 15 March 2000 and remains in force for 12 months thereafter.

3.2   This Award will be binding upon the Public Service Association of New South Wales and the Coal
      Services Pty Limited for all employees whose remuneration and conditions of service are determined by
      this Award who are eligible for membership of the Public Service Association of NSW, whether
      members of the Association or not.

3.3   The reviewed Award is made following a review under section 19 of the Industrial Relations Act 1996
      and rescinds and replaces the Joint Coal Board Award 1999 published 27 October 2000 (319 I.G. 752)
      and all variations thereof, save for subclause 3.1 of clause 3, Operation of the Award and Parties Bound
      of the said Award.

3.4   The changes made to the award pursuant to the award review pursuant to section 19(6) of the Industrial
      Relations Act 1996 and Principle 26 of the Principles for review of awards made by the Industrial
      Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 23
      February 2004.


                                               4. Definitions

Company means the Coal Services Pty Limited or the delegate of the Company.

Employee means a person employed by the Company.

Employer means the Company.

General Manager means the chief executive officer of the Company or the delegate of the chief executive
officer.

Salary means annual salary.

Service with Coal Services Pty Limited will include service with the former Joint Coal Board where the
employee was a member of the Joint Coal Board staff immediately before 1 January 2002.

Supervisor means the person to whom an employee is immediately responsible.

Union means the Public Services Association and Professional Officers Association Amalgamated Union of
New South Wales.




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                                        5. Classifications and Salaries

             Cspl Level                         2003 Minimum                          2003 Maximum

                 1                                  $26,300                              $30,300
                 2                                  $30,000                              $34,300
                 3                                  $34,200                              $38,000
                 4                                  $38,200                              $45,200
                 5                                  $45,300                              $54,200
                 6                                  $54,500                              $62,800
                 7                                  $60,600                              $75,300
             Specialist 1                           $77,100                              $93,400
             Specialist 2                           $92,600                             $114,900

                                             6. Payment of Salary

6.1   Salary will be paid in arrears in fortnightly instalments by direct deposit to a bank, building society or
      credit union account nominated by the employee. If the Company does not have access through its pay
      system to the account nominated, the General Manager will ask the employee to nominate another
      account within the pay system.

6.2   The fortnightly instalment of salary will be calculated by the formula below:

                                         fortnightly rate = salary x 12
                                                       313

6.3   The hourly rate of salary will be the fortnightly rate divided by 76.

                                           7. Personal Allowances

Employees designated Environmental Monitoring Technician will be paid an allowance relating to work at the
rate of $15,465 a year in lieu of payments for overtime and shift allowance. *Effective January, 1999.

                                              8. Superannuation

The Company will contribute an amount, equal to the percentage of the salary of an employee prescribed by
statute, to the State Authorities Superannuation Scheme of New South Wales (or its successor) to provide a
non-contributory superannuation benefit to the employee under the terms of the "Basic Benefit" of that Scheme.

                                                  9. Overtime

9.1   Employees who receive a salary less than the maximum rate of salary for the top of CSPL 5
      classification are eligible for payment for overtime with the exception of employees designated
      Environmental Monitoring Technicians who receive a personal allowance pursuant to Clause 7.

9.2   Payment for overtime will not be made unless the General Manager or officer delegated by the General
      Manager has directed in writing, in advance, that the overtime be performed.

      9.3.1 Payment will be made for overtime for all time worked by full-time employees:

             (a)     In excess of normal working hours where the employee starts work at least one hour
                     before the employee’s normal starting time or finishes work at least one hour after the
                     employee’s normal finishing time; or

             (b)     In excess of 38 hours in a week




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       9.3.2 Payment will be made for all time worked by part time employees in excess of 1.75 hours over
             and above their standard hours worked per day

9.4    The rates of payment for overtime will be as follows:

       time and a half for the first 3 hours and double time thereafter for weekdays and Saturdays;

       double time on Sundays;

       time and a half for the first three hours and double time thereafter for work during the employee’s
       normal working hours on public holidays (in addition to payment for the holiday) with the minimum
       payment being for 4 hours overtime;

       double time and a half for work outside the employee’s normal working hours for work on a public
       holiday.

9.5    Where a part-time employee is directed by the General Manager to work on a weekday that is not a
       standard working day for the employee, payment will be made at the normal rate of salary of the
       employee plus a loading at the rate for casual employees.

9.6    Where a part-time employee with an hourly rate of salary less than the maximum rate of salary for the
       Coal Services Pty Limited Officer Level 5 classification is directed by the General Manager to work on a
       standard working day outside the standard hours for that employee the employee will be paid the normal
       rate of salary for the extra work subject to:

       a maximum payment equal to 7.25 hours standard and extra hours on any day; and

       a maximum payment equal to 29 hours standard and extra hours in any week.

9.7    An employee and the General Manager may agree to the employee having time off work in lieu of
       payment for overtime. The amount of time off will be the amount of time for which payment would be
       made if a payment for overtime was being made.

9.8    Personal allowances paid to the employee and higher duties allowance being received at the time the
       overtime is performed will be included in salary for the purpose of calculating overtime payment.

9.9    Overtime will be calculated to the nearest quarter of an hour of the total overtime claimed in a fortnightly
       pay period.

9.10   Overtime will not be paid for time spent attending a social function in an official capacity. The General
       Manager will allow time off for the time spent at the function outside normal hours.

9.11   Overtime will not be approved where payment for the overtime would result in the employee earning in a
       financial year from salary and overtime a total more than the maximum salary for the Coal Services Pty
       Limited Officer Level 5 classification. Overtime worked on a Sunday or public holiday is excluded.
       Where the salary of an employee is increased during the financial year earnings from salary and overtime
       from the date of the increase to the end of the financial year only will apply. Overtime will not be
       approved if these earnings exceed the amount of salary that would be paid to an employee receiving the
       maximum rate of salary for the Coal Services Pty Limited Officer Level 5 classification for the same
       period of time. Where the employee works part-time the reference to the earnings of an employee
       earning the maximum salary for the Coal Services Pty Limited Officer Level 5 classification should be
       read as the earnings of a Coal Services Pty Limited Officer Level 5 working the same standard hours as
       the part-time employee.

9.12   An employee will not be required to work for a period of more than 5 hours without a meal break. An
       employee is entitled to a break of 8 hours off duty after returning home after finishing overtime and
       before normal starting time the next day. The employee will not lose salary while away from work on
       the break.

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9.13   A meal allowance of $14.50 is payable to an employee who is required to:

       begin work not less than one and a half hours before the employee’s normal starting time;

       continue work for not less than one and a half hours after the employee’s normal finishing time;

       work on other than a normal working day for a period of four and a quarter hours up to or beyond
       1.00pm

9.14   An employee who after having left the Employer’s premises is recalled to work shall be paid at the rate
       of time and a half for the first two hours and double time thereafter: provided that the employee shall be
       paid for a minimum of three hours’ start for each call back.

9.15   An employee after the completion of overtime work performed after his/her usual ceasing of work shall
       be entitled to be absent until he/she has had eight consecutive hours off duty, without deduction of pay,
       for ordinary time off duty occurring during such absence.

9.16   If, on the instructions of the employer, any employee resumes work without having had eight consecutive
       hours off duty he/she shall be paid at double rates until he/she is relieved from duty to take such a rest
       period and he/she shall then be entitled to be absent until he/she has had eight consecutive hours off duty
       without deduction of pay for ordinary time of duty occurring during such absence.

9.17   Subject to clause 9.18, an employer may require an employee to work reasonable overtime at overtime
       rates.

9.18   An employee may refuse to work overtime in circumstances where the working of such overtime would
       result in the employee working hours which are unreasonable.

9.19   For the purposes of clause 9.18, what is unreasonable or otherwise will be determined having regard to:

       (a)    any risk to employee health and safety;

       (b)    the employee’s personal circumstances including any family and carer responsibilities;

       (c)    the needs of the workplace or enterprise;

       (d)    the notice (if any) given by the employer of the overtime and by the employee of his or her
              intention to refuse it; and

       (e)    any other relevant matter.

                                           10. Higher Duties Allowance

10.1   An employee may be directed by their General Manager to perform temporarily the duties of another
       position.

10.2   Subject to this part, an employee who performs the duties of a higher classification position will be paid
       a higher duties allowance.

10.3   Higher duties allowance will only be paid for periods of higher duties in multiples of a day, or in the case
       of part time employees, a standard day for a part-time employee.

10.4   No higher duties allowance will be paid if the period of higher duties is less than 5 days, which includes
       a standard day for a part-time employee or if the position for which the duties are performed has
       maximum salary greater than the maximum salary for the Coal Services Pty Limited Officer Level 6.

10.5   A part-time employee must fill the higher classified position for at least half the time the position would
       be filled by the usual occupant to be eligible for higher duties.

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                                               11. Hours of Work

11.1   Ordinary working hours exclusive of meal breaks will not exceed 76 hours per fortnight and standard
       working days for a full-time employee will be 7.6 hours per day worked between the hours of 7.30am
       and 6.00pm Monday to Friday.

11.2   The CSPL may nominate the hours of work applicable to each employee from time to time providing
       that:

       Such hours will not be altered without seven days’ notice being given by the CSPL to the relevant
       employee; and

       In an emergency the CSPL may alter such hours with less notice.

11.3   The standard working hours for a part time employees will not be less than 14.5 hours or more than 62.5
       hours per fortnight.

11.4   Employees must record the time they are at work in the way directed by the General Manager.


           12. Penalty Rates for Shift Work, Weekend Work and Special Working Conditions

12.1   Shift workers working afternoon or night shift shall be paid the following percentages in addition to the
       ordinary rate for such shift, provided that employees working less than 38 hours per week shall only be
       entitled to the additional rates where their shifts commence prior to 6.00am or finish subsequent to
       6.00pm:

       Afternoon shift commencing at 10.00 am and before 1.00pm - 10 per cent.

       Afternoon shift commencing at 1.00pm and before 4.00pm - 12.5 per cent.

       Night shift commencing at 4.00pm and before 4.00 am - 15 per cent.

       Night shift commencing at 4.00 am and before 6.00 am - 10 per cent.

12.2   For the purpose of this clause, day, afternoon and night shifts shall be defined as follows:

       Day Shift means a shift which commences at or after 6.00 am and before 10.00 am.

       Afternoon Shift means a shift which commences at or after 10.00am and before 4.00pm.

       Night Shift means a shift which commences at or after 4.00pm and before 6.00am on the day following.

12.3   Employees whose ordinary working hours include work on a Saturday and/or Sunday shall be paid for
       ordinary working hours worked between midnight on Friday and midnight on Saturday at the rate of 50
       per cent extra and for ordinary hours worked between midnight on Saturday and midnight on Sunday at
       the rate of 75 per cent extra. These extra rates shall be in substitution for and not cumulative upon the
       shift premiums prescribed in sub clause 12.1.


                                          13. Part-Time Employment

13.1   A new employee may be engaged on a part time basis and an existing employee and the General
       Manager may agree to convert that employee’s employment to part - time either for an agreed period or
       indefinitely.




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                                          14 Temporary Employment

14.1   The Company may employ a person under this Award under an agreement that, in addition to any other
       provision in the Award, the employment may end at any time following expiration of a specified period
       of notice. An employee employed under this arrangement will be a "temporary employee".

14.2   A temporary employee will be informed in writing that the employment is temporary and what the period
       of notice for ending the employment will be.

                                            15. Casual Employment

15.1   Notwithstanding any provision in this Award, the Company may employ a person on an hourly basis for
       casual work. An employee employed under this arrangement will be a "casual employee"

15.2   Where a casual employee is filling a position classified under clause 5 of this Award, the employee will
       be paid a loading of 15 per cent of the hourly rate of salary for the position in lieu of entitlement to leave
       or payment for public holidays providing that if a casual employee works on a public holiday, he or she
       will be paid time and one half for the first three hours and double time thereafter.

                                                   16. Absence

16.1   An employee must come to work unless the employee has leave to be away or is unable to attend
       because of illness or emergency. An employee will not be paid for time away from work if the absence
       is not authorised.

16.2   Unless circumstances prevent an employee from doing so, the employee must inform the supervisor by
       10am on the day of absence if the employee is not coming to work.

                                               17. Public Holidays

17.1   Employees apart from employees on leave without pay will receive normal salary and not be required to
       attend for work on a public holiday observed by the Company.

17.2   The Company will observe the following public holidays:

              New Year’s Day

              Australia Day

              Good Friday

              Easter Monday

              Anzac Day

              Queen’s Birthday

              Labour Day

              Christmas Day

              Boxing Day

17.3   When the Australian Public Service observes a paid holiday of one day between Christmas and New
       Year the Company will deem a day in the same period a public holiday for employees apart from
       employees on leave without pay.



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17.4   When a public holiday apart from Anzac Day falls on a Saturday or Sunday the Company will observe
       the holiday on the following Monday.

17.5   When an employee specifies a public holiday as the day the employee’s resignation is to take effect the
       day of effect will be the working day before the public holiday.

17.6   A part-time employee will not be paid for a public holiday unless the public holiday is observed on a
       standard working day for the employee.


                                            18. Approval of Leave

18.1   An employee must apply for leave in writing.

18.2   The General Manager will exercise the discretion to refuse an application for leave only where the
       services of the employee are essential to the operations of the Company at the time the employee
       intended to be away.


                                             19. Recreation Leave

19.1   The General Manager may approve recreation leave to the extent of the recreation leave credit held by
       the employee. There will be no deduction of recreation leave credit for a public holiday occurring
       during a period of recreation leave.

19.2   For full-time employees recreation leave credit will accrue fortnightly at a rate equivalent to a rate of 20
       working days leave for each year of service. For part-time employees the rate of accrual will be a pro
       rata amount of the rate for full-time employees depending on the standard hours of the employee.

19.3   The provisions of the Annual Holidays Act 1944 as amended, shall apply.


                                          20. Annual Leave Loading

20.1   An employee who has accrued recreation leave credit will receive a payment for annual leave loading
       with the first pay of the next calendar year.

20.2   The recreation leave credit that will be applicable to calculation of the payment is the recreation leave
       credit accrued by the employee in the calendar year ending on 31 December immediately before the year
       in which the payment is made.

20.3   The amount of the payment will be 17.5 per cent of the weekly rate for salary for the position occupied
       by the employee on 1 January in the year in which the payment is made multiplied by the number of
       weeks of annual leave accrued under clause 20.2, subject to the following:

       The maximum payment to full-time employees apart from junior employees will be the amount advised
       by the Australian Statistician as the Average Weekly Total Earnings for all Males (Australia) for the
       September quarter of the year in which the relevant recreation leave credit accrued:

       The maximum payment to part-time employees apart from junior employees will be the amount advised
       by the Australian Statistician as the Average Weekly Total Earnings for all Males (Australia) for the
       September quarter of the year in which the relevant recreation leave credit accrued multiplied by the
       recreation leave accrued by the employee and divided by the recreation leave that would have accrued to
       a full-time employee;




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       The maximum payment to a junior employee classified Coal Services Pty Limited Officer Level 1 will
       be a percentage of the amount that would be received by the equivalent adult employee as follows:

       Under 18 years              60 per cent

       Aged 18 years               70 per cent

       Aged 19 years               81 per cent

       Aged 20 years               91 per cent

20.4   When an employee leaves the Company’s employment before 31 December the salary for calculation of
       the payment will be the salary on the immediately preceding 1 January of the position occupied by the
       employee at the time of departure from the Company. The maximum payment will be that advised by
       the Australian Statistician under subclause 20.3 for the previous year.

20.5   On the death of an employee any payment of annual leave loading due will be paid to the surviving
       spouse, children (or their guardian), other dependent relative or legal representative as the General
       Manager may decide.

                                                 21. Sick Leave

21.1   Each employee is entitled to not less than one week of sick leave on full pay for each year of service with
       an employer, and

21.2   Sick leave accumulates from year to year for at least 3 years, that is, sick leave not taken in each year of
       service will be available to the employee for a period of at least 3 years from the end of each such year.

                                            22. Long Service Leave

22.1   The Federal Long Service Leave ( Commonwealth Employees ) Act 1976 will provide the Long Service
       Leave entitlement of employees covered by this Award for so long as that Act applies to such employees.
       In the event of such Act ceasing to cover the employees of the Company all rights accrued by employees
       under that Act shall continue and from that time onwards employees of the Company on the date that
       such Act ceases to apply will be deemed to be entitled to the same Long Service Leave Benefits as they
       would have been entitled had they continued to have been covered by that Act.

                                          23. Accident Make Up Pay

23.1   An employee receiving weekly payments under the Workers’ Compensation Act will receive accident
       make up pay.

23.2   The amount of accident make up pay will be the amount necessary to ensure that the employee receives
       normal salary.

23.3   Accident make up pay will not be paid for any period of incapacity of the employee during the first two
       weeks of employment with the Company.

23.4   Accident make up pay will not be paid or, if being paid, will cease to be paid if an employee refuses to
       submit to or obstructs an examination by a qualified medical practitioner.

23.5   Accident make up pay will be paid for a maximum period of 26 weeks for any one injury.

23.6   Where there is a redemption of weekly workers’ compensation payments by payment of a lump sum or
       where the employee obtains a verdict for damages or is paid an amount in settlement of any claim for
       damages, no further payments of accident make up pay will be made.



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23.7   Pending the determination of a claim made by an employee for workers’ compensation the employee
       may take available sick leave. If the claim is determined in favour of the employee the sick leave so
       taken will be restored to the credit of the employee.

23.8   An employee who is receiving workers’ compensation payments and has exhausted the accident make up
       pay entitlement may continue to receive normal salary by receiving payment for sick leave credit to
       replace the accident make up payments.

                                             24. Arbitration Leave

24.1   The General Manager will grant leave with pay to up to two representatives of the Union to attend
       proceedings before the Industrial Relations Commission or any competent Industrial Tribunal where the
       Company is a party to proceedings.

24.2   The General Manager will grant leave with pay for the period of attendance at the Commission to an
       employee summoned as a witness before the Commission.

24.3   The General Manager may grant leave without pay to an employee to do work on any application to go
       before the Commission, or Tribunal to which the Company will be a party.

                                       25. Trade Union Training Leave

25.1   The General Manager may approve leave with pay for an employee to attend trade union training
       courses.

25.2   The amount of leave that may be approved is that necessary to attend the following types of courses:

       full time courses on one half to 6 days length

       courses requiring regular attendance for one or more days or part days, where the total leave requirement
       will be up to 8 days

       occasional courses of up to 4 weeks length

25.3   The application must be supported by certificates stating that the employee is a member of the union,
       that the union supports the attendance of the employee at the course and that the course is conducted by,
       or has the support of the trade union training body.

                                         26. Court Attendance Leave

26.1   An employee required to attend court as a witness for any government authority attends as if on duty at
       the Company. Any payment received from the attendance must be given to the Company. The General
       Manager will grant leave without pay to an employee required to attend court in other circumstances.

                                            27. Jury Service Leave

27.1   The General Manager will grant leave with pay to an employee summonsed for jury service for the
       period the employee is away from the Company on the jury service.

27.2   An employee granted jury service leave must pay to the Company all fees received for jury service other
       than reimbursement of travel expenses.

                                            28. Bereavement Leave

28.1   The General Manager will, on application being made, approve bereavement leave with pay on the death
       of a spouse (including de facto spouse), parent, sibling, child and parent-in-law.

28.2   The application for bereavement leave must be accompanied by evidence of the death.

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28.3   The amount of leave will depend on the circumstances but the maximum that will be granted on any
       occasion will be three days. For a part-time employee, leave will be approved only for standard working
       days of the employee.

                                         29. Personal and Carers Leave

29.1   Personal and Carers Leave shall be available to all employees subject to this Award in accord with the
       provisions of the State Personal and Carers Leave Case (1996).

                                       30. Defence Service Training Leave

30.1   The General Manager may approve leave with pay for defence service training.

30.2   The amount of leave that may be approved is as follows:

       for annual training;

              Navy 13 days

              Air Force 16 days

              Military Force 14 days

              up to an additional 4 days where the Commanding Officer certifies this is required

       for compulsory attendance at a school, class or course of instruction each year;

              Navy 13 days

              Air Force 16 days

              Military Force 16 days

       The amount of leave approved includes Saturdays and Sundays.

30.3   The application for leave must be supported by a certificate from the Australian Defence Force stating
       that the employee is required to undertake the training or attend the school, class or course of instruction.

30.4   The approval of the leave is conditional on the employee submitting a certificate from the Commanding
       Officer stating that the employee attended the training, school, class or course of instruction.

30.5   When it would not be in the public interest for an employee to take defence service leave at the time
       requested the General Manager will grant equivalent leave at a convenient time.

                                               31. Ex-Service Leave

31.1   The General Manager may grant leave with pay to employees who are ex-members of the Australian
       Defence Force as follows:

       to attend a hospital, out-patient clinic, or medical officer for pension review or to report for periodical
       review or treatment

       to attend a limb factory for fitting or repair of a prosthesis.

                                              32. Fire Fighting Leave

32.1   The General Manager may grant leave with pay to an employee undertaking emergency fire fighting
       activities.

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32.2   The General Manager may grant leave with pay for up to 5 days a calendar year to an employee who is a
       volunteer member of a local fire or bush fire brigade to undertake fire fighting work.


                                          33. Leave Without Pay

33.1   The General Manager may approve leave without pay in special circumstances. Such leave will not be
       approved while the employee has a recreation leave credit and leave without pay of more than 5 days in
       a year will not count as service.

33.2   The General Manager may also approve leave without pay where an employee is unable to attend for
       duty due to absence of public transport. Such leave will count as service.


                                            34. Parental Leave

Parental Leave will be granted in accordance with Chapter 2 of Part 4 of the Industrial Relations Act 1996
(NSW).


                                               35. Probation

35.1   The first 3 months of employment with the Company will be on probation.

35.2   During the period of probation the work performance of the employee will be monitored. If the work
       performance is not satisfactory the employee will be counselled. If work performance remains
       unsatisfactory the employment may be ended or, if the General Manager considers there is a reasonable
       prospect of a satisfactory standard of performance being attained within a further 6 months, extend the
       period of probation accordingly.

35.3   Where the employee’s services are considered by the employer to be unsatisfactory following the steps
       set out in 35.2 above, the employer may only terminate the services of an employee provided the
       employee has received four weeks notice of such intention to terminate services.


                              36. Discipline and Termination of Employment

36.1   The General Manager may respond to inefficiency, incompetency or unsatisfactory conduct of an
       employee by disciplinary action. The disciplinary actions that may be taken include suspension of
       employment without pay, suspension on pay, reduction of salary and termination of employment. The
       General Manager may also terminate employment on the ground of incapacity.

36.2   Where the disciplinary response will not be instant dismissal, the General Manager will counsel an
       employee on the conduct or work performance that the Company requires.

36.3   If the employment is terminated on the ground of incapacity or inefficiency or incompetency the
       employee will be given notice of 4 weeks of the day the employment is to end. If the employment ends
       before this day payment in lieu of notice will be made. When the employment ends on the ground of
       conduct warranting dismissal no notice need be given.

36.4   An objection by an employee to disciplinary action against the employee will be regarded as a grievance
       and be dealt with under the "Grievance and Disputes Procedures" of this Award.

36.5   An employee should give the General Manager at least 2 weeks notice of an intention to end
       employment with the Company. If a lesser period of notice is given the Company will not undertake to
       make the termination payment of the day the employment ends.



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                                                37. Redundancy

37.1   The termination payment on redundancy will include a retrenchment payment. The amount of the
       retrenchment payment will be:

                Years of Service                 Under 45 years of age                   45 years or over

       Less than 1 year                     Nil                                 Nil
       1 year but less than 2               4 weeks’ pay                        5 weeks’ pay
       2 years but less than 3              7 weeks‘ pay                        8.5 weeks’ pay
       3 years but less than 4              10 weeks’ pay                       12.5 weeks’ pay
       4 years but less than 5              12 weeks’ pay                       15 weeks’ pay
       5 years but less than 6              14 weeks’ pay                       17.5 weeks’ pay
       6 years and more                     16 weeks’ pay                       20 weeks’ pay

37.2   An Employee will not be entitled to a redundancy payment if any transfer or assignment of part or the
       whole of the operations of the Company takes place and the employee is offered continuity of
       employment by the transferee or assignee of such operations on no less advantageous terms and
       conditions of employment.

                                            38. Travelling Expenses

38.1   An employee will be reimbursed the cost of reasonable accommodation and other travel expenses for
       travel on duty within Australia. An employee is entitled to a cash advance towards travel expenses that
       the employee has to pay.

38.2   An employee will be paid an incidental expenses allowance in accordance with Australian Taxation
       Office rates. As at November 2003, this rate is $13.85 for each overnight stay while travelling on duty
       in Australia.

38.3   An employee will be paid a meal allowance for meals taken while the employee is travelling on duty
       within Australia. The allowance will not be paid:

       when the meal is provided at no cost to the employee as an incident of the travel; or

       for lunch when an overnight stay is not involved in the travel.

38.4   The rates of meal allowance will be paid in accordance with Australian Taxation Office rates which as at
       November 2003 were as follows:

       breakfast          $15.75

       lunch              $18.05

       dinner             $31.15

38.5   For travel outside Australia employees will be paid allowances determined by the Company in line with
       rates approved by the Australian Taxation Office.

                                          39. Excess Travelling Time

39.1   Full-time employees who receive a salary not exceeding the salary for the maximum payable to the Coal
       Services Pty Limited Officer, Level 4 classification and part-time employees who receive an equivalent
       salary may be entitled to a payment for any excess travelling time where they are required to be on duty
       away from the usual place of work. Where an employee is specifically employed to work in a region or
       regions excess travelling time will only be paid for travel outside that region or regions.



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39.2   Excess travelling time is the time in excess of the normal time taken to travel to and/or from work
       needed to travel to and/or return from the place where the duty is undertaken.

39.3   Payment for excess travelling time will be at the employee’s rate of pay except for travel on Sunday and
       on a Public Holiday when payment will be at one and a half times the employee’s rate of pay.

39.4   The minimum amount of excess travelling time for which payment will be made is 30 minutes in one
       day. The maximum amount for which payment will be made is 5 hours in one day.

39.5   The applicable rate shall be the Australian Tax Office reasonable rates as from time to time in force

                           40. Use of Private Motor Vehicle on Company Business

40.1   The General Manager may approve an employee using the employee’s private motor vehicle for
       Company business where a Company vehicle is not available.

40.2   An employee will be paid for use of a private motor vehicle on Company business in accordance with
       Australian Taxation Office rates. As at November 2003, these rates are as set out in the table below.
       Rates of Payment for Use of a Private Motor Vehicle on Company Business.

       Engine Capacity
       (ordinary car)                       (rotary engine)                     per kilometre

       Above 2,600 cc                       Above 1,301cc                            61.0
       1,601 to 2,600 cc                    801to 1,300 cc                           60.0
       Under 1,600 cc                       Under 800 cc                             50.0

       The applicable rate shall be the Australian Tax Office reasonable rates as from time to time in force.

40.3   The General Manager may approve a further payment if the employee can show that a payment under the
       scale above is insufficient to meet expenses.

                                                   41. Transfer

41.1   The General Manager may transfer an employee to another job at the Company where the transfer is
       necessary for the operations of the Company and the employee is capable of doing the other job. An
       objection by an employee to a transfer of the employee will be regarded as a grievance and be dealt with
       under the "Grievance and Disputes Procedures" of this Award.

41.2   When the General Manager transfers an employee to another job or where an employee is promoted to
       another job the Company will pay reasonable relocation expenses which may include travel costs for the
       employee and the employee’s family, removal expenses, cost of reconnection of telephone service and
       cost of temporary accommodation.

41.3   An employee who voluntarily transfers to another job at the Company is not entitled to payment of
       relocation expenses by the Company.

                                             42. Promotion Appeals

42.1   An employee may appeal against the promotion of another employee to a position on the ground of
       greater merit for the job except when:

       the promotion is to a position with a salary equal to or less than the salary of the appellant; or

       the promotion is to a position with a maximum rate of salary exceeding the maximum rate of salary for
       the CSPL 6 classification; or

       a position was advertised and the appellant did not apply for promotion to the position; or

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       the employee promoted was redeployed from a redundant position; or

       the person appointed to the position was not an employee of the Company before the appointment.

42.2   The appeal will be dealt with by a Promotions Appeal Committee. The appellant must lodge the appeal
       in writing with the General Manager within 14 days of notification of the provisional promotion. The
       General Manager will forward the appeal to the Committee.

42.3   The Promotions Appeal Committee will comprise a person nominated by the General Manager, a person
       nominated by the Union and an independent chairman agreed upon by the General Manager and the
       Union.

42.4   The Promotions Appeal Committee will regulate its own proceedings. The Committee may inform itself
       on matters relevant to the promotion by requiring written submissions from the Company and the parties
       to the appeal, by interview of employees, by inspection of the workplace and by other reasonable means.

42.5   The decision of the Promotions Appeal Committee will be the decision of the majority of the Committee.
       The decision will be final and will not be capable of review under the provisions of this Award. The
       Company will implement the decision of the Committee.

42.6   Nothing in clause 47 shall derogate from the rights of any employee to seek redress in any competent
       industrial tribunal.

                                   43. Grievance and Dispute Procedures

43.1   The objective of the Grievance and Dispute Procedure is to acknowledge the importance of the
       employee and supervisor relationship in resolving disputes. The procedure for the resolution of
       grievances and industrial disputation between the Company and its employees is as follows:

43.2   Procedure relating to an employee grievance or dispute

       (a)    The employee must inform his or her supervisor that a grievance or dispute exists even if such
              grievance or dispute is to be reported in detail to another officer.

       (b)    The employee must notify his or her supervisor as to details of the grievance or dispute unless the
              employee believes his or her supervisor is not an appropriate person (for example if the
              supervisor is a male and the employee has good reason to speak to a female). If the employee
              believes his or her supervisor is not an appropriate person the employee may ask the Human
              Resources Officer to consider referring the matter to a more appropriate officer.

       (c)    If the grievance or dispute cannot be resolved at the supervisor level the employee shall have the
              right to refer it to the next level of management to try to resolve it and will have the right to be
              represented by the Union to which he or she belongs or a person the employee chooses.

       (d)    If the grievance or dispute is unable to be resolved at the next level of management, the employee
              or the Union may refer it to the New South Wales Industrial Relations Commission for attempted
              conciliation.

       (e)    Work will continue while the grievance or dispute is being dealt with under these procedures
              unless a bona fide health or safety issue requiring the workplace to be evacuated is involved.

       (f)    The Company’s Corporate Services Manager is the Company’s Grievance Officer and employees
              may refer to that officer for advice in relation to a grievance or dispute.

43.3   Procedure relating to an employer grievance or dispute

       (a)    The Company must notify the relevant employee or employees of its grievance or dispute.


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       (b)    An employee shall have the right to be represented by the Union to which she or he belongs.

       (c)    If the grievance or dispute cannot be resolved the Company may refer it to the New South Wales
              Industrial Relations Commission for attempted conciliation.

                                             44. Access to the Union

44.1   All employees subject to this Award shall have rights of access to Union officers in accord with Chapter
       5, Part 7 of the Industrial Relations Act 1996 (NSW).

44.2   Notwithstanding the above such access to and discussions with Union officers all shall be able to be
       conducted privately where required by the employee.

                                             45. Access to the Award

45.1   An employee is entitled to access to a current copy of the Award and the Company will keep a current
       copy of the Award in an accessible place in each of its offices.

45.2   It is the responsibility of the employee to find out the provisions of the Award. The Company will not
       give consideration to any request from an employee on the ground of lack of knowledge of the
       provisions of the Award.

                                             46. Anti Discrimination

46.1   It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the
       Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes
       discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity,
       age and responsibilities as a carer.

46.2   It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this
       award the parties have obligations to take all reasonable steps to ensure that the operation of the
       provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent
       with the fulfilment of these obligations for the parties to make application to vary any provision of the
       award which, by its terms or operation, has a direct or indirect discriminatory effect.

46.3   Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee
       has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

46.4   Nothing in this clause is to be taken to affect:

       (a)    any conduct or act which is specifically exempted from anti- discrimination legislation;

       (b)    offering or providing junior rates of pay to persons under 21 years of age;

       (c)    any act or practice of a body established to propagate religion which is exempted under section
              56(d) of the Anti-Discrimination Act 1977;

       (d)    a party to this award from pursuing matters of unlawful discrimination in any State or federal
              jurisdiction.

46.5   This clause does not create legal rights or obligations in addition to those imposed upon the parties by
       the legislation referred to in this clause.

                                                  47. Exclusions

47.1   In the event of any provision in this Award being in conflict with any provision contained in either the
       Clerical and Administrative Industry (State) Award or the Occupational Health Nurses (State) Award
       then the provisions of this Award shall prevail.

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                                                 48. Consent Award

48.1   This Award is a consent award made between the parties on the basis that the wage rates contained in
       this award are paid rates.



                                                                     A. W. MACDONALD, Commissioner.




                                               ____________________


Printed by the authority of the Industrial Registrar.




                                                        - 293 -
N.S.W. INDUSTRIAL GAZETTE - Vol. 346                                                           3 September 2004

(493)                                                                                          SERIAL C2753

      PRINCIPALS (ARCHDIOCESE OF SYDNEY AND DIOCESES OF
        BROKEN BAY AND PARRAMATTA) (STATE) AWARD 2000
                   INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Application by New South Wales Independent Education Union, industrial organisation of employees.

                                                (No. IRC 379 of 2004)

Before Commissioner Murphy                                                                          16 March 2004

                                                  VARIATION

1.      Insert in numerical order in clause 1, Arrangement, of the award published 6 April 2001 (323 I.G. 780)
        the following new clause number and subject matter:

                                                   19.     Superannuation

2.      Delete clause 9, Parental Leave and Allowances, and insert in lieu thereof the following:

                                               9. Parental Leave

9.1     Maternity Leave

        (a)    A principal who applies for maternity leave under Part 4 of Chapter 2 of the Industrial Relations
               Act 1996, is granted maternity leave for a period of nine weeks or longer by the employer and
               commences maternity leave on or after 27 January 2004 shall be entitled to maternity leave in
               accordance with this subclause.

        (b)    The maternity leave shall be paid for nine weeks at the rate of salary the principal would have
               received if the principal had not taken maternity leave. (If the period of maternity leave granted
               to the principal is for less than nine weeks, then the period of paid maternity leave shall be for
               such lesser period).

        (c)    The principal may elect to be paid during the period of paid leave in paragraph (b) of this
               subclause either in accordance with the usual employer payment schedule or as a lump sum
               payment in advance. In addition, if the principal requests and the employer agrees, the final three
               weeks of the leave may be paid at half pay for a period of six weeks.

        (d)    Where a principal applies for a lump sum payment in advance under paragraph (c) of this
               subclause, the principal shall give the employer at least one month’s notice of intention.

        (e)    If a principal has commenced paid maternity leave and subsequently the principal’s pregnancy
               results in a miscarriage or a stillbirth, the principal shall be entitled to retain payment in
               accordance with this clause equivalent to salary for the period of maternity leave taken by the
               principal.

        (f)    The parties agree to review the effect of this clause in the event of any legislation by either the
               Federal or State Government which provides a maternity allowance or similar payment, however
               named, or in the event that the operation of this clause is found to be discriminatory by an anti-
               discrimination tribunal.

        (g)    A principal on paid maternity leave in accordance with this clause will not be employed as a
               casual employee by the employer during such paid leave.


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        (h)    Except as varied by this provision, Part 4 of Chapter 2 of the Industrial Relations Act 1996 shall
               apply.

Notation:

(i)     The employers are of the view that maternity leave should preferably commence on the day following
        the last teaching day of a term and conclude on the day preceding the first teaching day of a term.

(ii)    In order to facilitate the desirable practice referred to in paragraph (i) of this notation, the employers are
        prepared to extend the time of maternity leave beyond that maximum entitlement prescribed by the said
        Act should the employee agree to return from maternity leave at the commencement of the term
        immediately following the maximum period of leave required to be afforded by that Act.

(iii)   Transitional Arrangements - For the purpose of paragraph (a) of this subclause, maternity leave
        commences on or after 27 January 2004, if the first day off work due to maternity leave is on or after 27
        January 2004.

9.2     Adoption Leave

        (a)    A principal who applies for adoption leave under Part 4 of Chapter 2 of the Industrial Relations
               Act 1996 and is granted such leave by the employer in accordance with these provisions shall be
               entitled to payment of adoption leave under the same (or comparable) conditions as those set out
               in this clause in relation to paid maternity leave. Provided further that adoption leave shall only
               be payable in respect of one adopting parent of a child.

        (b)    A principal shall be entitled to one day’s leave with pay for the purpose of adopting any child
               provided that he or she is not also entitled to payment of adoption leave pursuant to paragraph (a)
               of this subclause.

9.3     Paternity Leave

        (a)    A principal shall be entitled to one day’s leave with pay on the date of his wife’s confinement or
               on the day on which his wife leaves hospital following her confinement.

        (b)    In addition to the entitlement in paragraph (a) of this subclause, a principal shall be entitled,
               subject to this subclause, to take paternity leave in one continuous period not exceeding two
               weeks. Such leave shall be deducted from, and shall not exceed, the principal’s entitlement to
               Catholic Personal/Carer's Leave pursuant to clause 8 of this award.

        (c)    The principal shall be entitled to take such paternity leave in the four weeks before the date or
               expected date of the birth of the child and not later than four weeks after the birth of the child,
               provided that the employer may, in exceptional circumstances, request the principal to take leave
               at a time outside the period specified in this paragraph. If the principal chooses to agree to the
               employer’s request, such agreement shall be recorded in writing. Where the principal does not
               agree, the leave shall be taken in accordance with this paragraph.

        (d)    The entitlement to paternity leave in paragraphs (a) and (b) of this subclause is inclusive of, and
               not in addition to, the principal’s entitlement to take unpaid paternity leave in accordance with the
               Industrial Relations Act 1996.

        (e)    The principal must, at least four weeks before proceeding on leave pursuant to paragraph (b) of
               this subclause, give written notice of the dates on which he proposes to start and end the period of
               leave. The proposed dates may be varied by further written notice, subject to the provisions of
               paragraph (c) of this subclause.

3.      Insert after clause 18, No Extra Claims, the following new clause and renumber the existing clause 19,
        Area, Incidence and Duration, to read as clause 20:


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                                                19. Superannuation

19.1   The subject of the superannuation contributions is dealt with extensively by legislation, including the
       Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act
       1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of
       Complaints) Act 1993. The legislation, as varied from time to time, governs the superannuation rights
       and obligations of the parties.

19.2   Subject to the requirements of the legislation set out in subclause 19.1 of this clause, superannuation
       contributions may be made to:

       (a)     Non Government Schools Superannuation Fund; or

       (b)     any other complying fund approved by the employer.

19.3   In addition to any other requirements pursuant to the legislation set out in subclause 19.1 of this clause,
       the employer shall also make superannuation contributions on behalf of the principal in relation to
       payments made pursuant to clause 5, Annual Adjustment of Salary, and subclause 14.3 of clause 14,
       Termination, of this award, at the rate applicable under the legislation in respect of payments for
       ordinary time earnings.

4.     This variation shall take effect from 27 January 2004.



                                                                             J. P. MURPHY, Commissioner.


                                               ____________________


Printed by the authority of the Industrial Registrar.




                                                        - 296 -
N.S.W. INDUSTRIAL GAZETTE - Vol. 346                                                           3 September 2004

(496)                                                                                          SERIAL C2754

      PRINCIPALS (COUNTRY AND REGIONAL DIOCESES) (STATE)
                         AWARD 2000
                   INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Application by New South Wales Independent Education Union, industrial organisation of employees.

                                                (No. IRC 379 of 2004)

Before Commissioner Murphy                                                                          16 March 2004

                                                  VARIATION

1.      Insert in numerical order in clause 1, Arrangement, of the award published 6 April 2001 (323 I.G. 801)
        the following new clause number and subject matter:

                                                   19.     Superannuation

2.      Delete clause 9, Parental Leave and Allowances, and insert in lieu thereof the following:

                                               9. Parental Leave

9.1     Maternity Leave

        (a)    A principal who applies for maternity leave under Part 4 of Chapter 2 of the Industrial Relations
               Act 1996, is granted maternity leave for a period of nine weeks or longer by the employer and
               commences maternity leave on or after 27 January 2004 shall be entitled to maternity leave in
               accordance with this subclause.

        (b)    The maternity leave shall be paid for nine weeks at the rate of salary the principal would have
               received if the principal had not taken maternity leave. (If the period of maternity leave granted
               to the principal is for less than nine weeks, then the period of paid maternity leave shall be for
               such lesser period).

        (c)    The principal may elect to be paid during the period of paid leave in paragraph (b) of this
               subclause either in accordance with the usual employer payment schedule or as a lump sum
               payment in advance. In addition, if the principal requests and the employer agrees, the final three
               weeks of the leave may be paid at half pay for a period of six weeks.

        (d)    Where a principal applies for a lump sum payment in advance under paragraph (c) of this
               subclause, the principal shall give the employer at least one month’s notice of intention.

        (e)    If a principal has commenced paid maternity leave and subsequently the principal’s pregnancy
               results in a miscarriage or a stillbirth, the principal shall be entitled to retain payment in
               accordance with this clause equivalent to salary for the period of maternity leave taken by the
               principal.

        (f)    The parties agree to review the effect of this clause in the event of any legislation by either the
               Federal or State Government which provides a maternity allowance or similar payment, however
               named, or in the event that the operation of this clause is found to be discriminatory by an anti-
               discrimination tribunal.

        (g)    A principal on paid maternity leave in accordance with this clause will not be employed as a
               casual employee by the employer during such paid leave.


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        (h)    Except as varied by this provision, Part 4 of Chapter 2 of the Industrial Relations Act 1996 shall
               apply.

Notation:

(i)     The employers are of the view that maternity leave should preferably commence on the day following
        the last teaching day of a term and conclude on the day preceding the first teaching day of a term.

(ii)    In order to facilitate the desirable practice referred to in paragraph (i) of this notation, the employers are
        prepared to extend the time of maternity leave beyond that maximum entitlement prescribed by the said
        Act should the employee agree to return from maternity leave at the commencement of the term
        immediately following the maximum period of leave required to be afforded by that Act.

(iii)   Transitional Arrangements - For the purpose of paragraph (a) of this subclause, maternity leave
        commences on or after 27 January 2004, if the first day off work due to maternity leave is on or after 27
        January 2004.

9.2     Adoption Leave

        (a)    A principal who applies for adoption leave under Part 4 of Chapter 2 of the Industrial Relations
               Act 1996 and is granted such leave by the employer in accordance with these provisions shall be
               entitled to payment of adoption leave under the same (or comparable) conditions as those set out
               in this clause in relation to paid maternity leave. Provided further that adoption leave shall only
               be payable in respect of one adopting parent of a child.

        (b)    A principal shall be entitled to one day’s leave with pay for the purpose of adopting any child
               provided that he or she is not also entitled to payment of adoption leave pursuant to paragraph (a)
               of this subclause.

9.3     Paternity Leave

        (a)    A principal shall be entitled to one day’s leave with pay on the date of his wife’s confinement or
               on the day on which his wife leaves hospital following her confinement.

        (b)    In addition to the entitlement in paragraph (a) of this subclause, a principal shall be entitled,
               subject to this subclause, to take paternity leave in one continuous period not exceeding two
               weeks. Such leave shall be deducted from, and shall not exceed, the principal’s entitlement to
               Catholic Personal/Carer's Leave pursuant to clause 8 of this award.

        (c)    The principal shall be entitled to take such paternity leave in the four weeks before the date or
               expected date of the birth of the child and not later than four weeks after the birth of the child,
               provided that the employer may, in exceptional circumstances, request the principal to take leave
               at a time outside the period specified in this paragraph. If the principal chooses to agree to the
               employer’s request, such agreement shall be recorded in writing. Where the principal does not
               agree, the leave shall be taken in accordance with this paragraph.

        (d)    The entitlement to paternity leave in paragraphs (a) and (b) of this subclause is inclusive of, and
               not in addition to, the principal’s entitlement to take unpaid paternity leave in accordance with the
               Industrial Relations Act 1996.

        (e)    The principal must, at least four weeks before proceeding on leave pursuant to paragraph (b) of
               this subclause, give written notice of the dates on which he proposes to start and end the period of
               leave. The proposed dates may be varied by further written notice, subject to the provisions of
               paragraph (c) of this subclause.

3.      Insert after clause 18, No Extra Claims, the following new clause and renumber the existing clause 19,
        Area, Incidence and Duration, to read as clause 20:


                                                       - 298 -
N.S.W. INDUSTRIAL GAZETTE - Vol. 346                                                           3 September 2004

                                                19. Superannuation

19.1   The subject of the superannuation contributions is dealt with extensively by legislation, including the
       Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act
       1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of
       Complaints) Act 1993. The legislation, as varied from time to time, governs the superannuation rights
       and obligations of the parties.

19.2   Subject to the requirements of the legislation set out in subclause 19.1 of this clause, superannuation
       contributions may be made to:

       (a)     Non Government Schools Superannuation Fund; or

       (b)     any other complying fund approved by the employer.

19.3   In addition to any other requirements pursuant to the legislation set out in subclause 19.1 of this clause,
       the employer shall also make superannuation contributions on behalf of the principal in relation to
       payments made pursuant to clause 5, Annual Adjustment of Salary, and subclause 14.3 of clause 14,
       Termination, of this award, at the rate applicable under the legislation in respect of payments for
       ordinary time earnings.

4.     This variation shall take effect from 27 January 2004.



                                                                             J. P. MURPHY, Commissioner.


                                               ____________________


Printed by the authority of the Industrial Registrar.




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(861)                                                                                         SERIAL 2795

       MISCELLANEOUS WORKERS HOME CARE INDUSTRY (STATE)
                          AWARD
                   INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Applications by Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch,
industrial organisation of employees, and another.

                                          (Nos. IRC 250 and 1132 of 2004)

Before Commissioner Ritchie                                                                       25 May 2004

                                                 VARIATION

1.      Insert in numerical order in clause 1, Arrangement, of the award published 14 August 2000 (317 I.G.
        618) the following new clause number and subject matter:

                                                  37.     Salary Packaging

2.      Insert after clause 36, Savings, the following new clause and renumber the existing clause 37, Area,
        Incidence and Duration, to read as clause 38:

                                            37. Salary Packaging

(i)     Where agreed between the employer and a full-time or part-time employee, an employer may offer salary
        packaging in respect of salary. Neither the employer nor the employee may be compelled to enter into a
        salary packaging agreement.

(ii)    Salary packaging shall mean that the employee will have part of their salary packaged into a fringe
        benefit which does not constitute a direct payment to the employee but is payable to a bona fide third
        party.

(iii)   The terms and conditions of such a package shall not, when viewed objectively, be less favourable than
        the entitlements otherwise available under this award and shall be subject to the following provisions:

        (a)   the employer shall ensure that the structure of any agreed remuneration package complies with
              taxation and other relevant legislation;

        (b)   where there is an agreement to salary package, the agreement shall be in writing and made
              available to the employee;

        (c)   the employee shall have access to details of the payments and transactions made on their behalf.
              Where such details are maintained electronically, the employee shall be provided with a printout
              of the relevant information;

        (d)   the employer has the right to vary or withdraw from a salary packaging agreement and/or
              withdraw from offering salary packaging in the event of changes to the operation of legislation
              that are detrimental to, or increase the costs of, salary packaging arrangements;

        (e)   prior to entering into any salary packaging agreements, the employee will be given the
              opportunity by the employer to seek independent advice in respect of salary package
              arrangements including advice from the union;




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       (f)     in the event that the employer withdraws from a salary packaging agreement, the individual
               employee’s salary will revert to whichever is the higher of:

               (i)     the ordinary time rate of pay that applied to the employee prior to the commencement of
                       the salary packaging agreement; or

               (ii)    the applicable rate specified in Table 1 - Rates of Pay of Part B, Monetary Rates, of this
                       award.

       (g)     notwithstanding any of the above arrangements, the employer or employee may cancel any salary
               packaging agreements by the giving of one month’s notice of cancellation to the other party;

       (h)     Superannuation Guarantee Contributions will be calculated with reference to the ordinary time
               rate of pay the employee would have been entitled to receive but for the salary packaging
               arrangement;

       (i)     any allowance, penalty rates, overtime, payment for unused leave entitlements shall be calculated
               by reference to the ordinary time rate of pay which would have applied to the employee but for
               the salary packaging arrangement.

       (j)     unless there is agreement between the employer and the employee to the contrary, all salary
               packaging arrangements shall cease during any period of leave without pay, including periods of
               unpaid sick leave.

3.     This variation will take effect from 25 May 2004.



                                                                            D. W. RITCHIE, Commissioner.


                                               ____________________


Printed by the authority of the Industrial Registrar.




                                                        - 301 -
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(1667)                                                                                          SERIAL C2854

      CROWN EMPLOYEES (SERVICE OFFICE - DEPARTMENT OF
              SPORT AND RECREATION) AWARD
                     INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Application by Department of Tourism, Sport and Recreation.

                                                  (No. IRC 2994 of 2004)

Before The Honourable Justice Schmidt                                                                2 June 2004

                                                     VARIATION

1.       Delete the title of the award published 2 May 2003 (339 I.G. 296) and insert in lieu thereof the
         following:

     CROWN EMPLOYEES (SERVICES OFFICERS - DEPARTMENT OF TOURISM, SPORT AND
                             RECREATION) AWARD

2.       Delete in the Arrangement clause 5, Temporary Employees, and Schedule 1, Centre and Academy
         Locations, and insert in lieu thereof the following:

                                                      5.       Temporary and Casual Employees
                                                      1.       Centre Locations

3.       Delete clause 1, Title, and insert in lieu thereof the following:

                                                           1. Title

This award will be known as the Crown Employees (Services Officers - Department of Tourism, Sport and
Recreation) Award.

4.       Delete clause 2, Definitions, and insert in lieu thereof the following:

                                                    2. Definitions

"Association/PSA" means the Public Service Association of New South Wales.

"Assistant Services Officer" means employees performing work previously performed by the classifications of
Gatekeeper, Kiosk Attendant, Kiosk Supervisor, Pool Attendant, Housekeeper and Residential Assistant.

"Centre" means a Departmental establishment or site as listed at Schedule 1. It also includes any place
designated as part of, or as an annex to, such an establishment.

"Director-General" means the Director-General of the NSW Department of Tourism, Sport and Recreation.

"Department/TSR" means the NSW Department of Tourism, Sport and Recreation.

"Emergency" means any major and unexpected change in client demand; a sudden staff shortage that could not
have been planned for; a major climatic disturbance or other incident that has a significant effect on the safety
of clients, staff or structures.

"Employee" means all persons, including officers permanently or temporarily employed under the provisions of
the Public Sector Employment and Management Act 2002, or any legislation which repeals and replaces the


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Act, and who as at the operative date of this award were occupying one of the positions covered by this award,
or who, after that date, are appointed to or employed in any such position.

"Manager" means a person occupying a position of General Manager or Venue Manager within a Centre.

"Service" means continuous service with the Department.

5.    Delete subclause 3.1 of clause 3, Parties, and insert in lieu thereof the following:

3.1   This award has been made between the following parties:

             Public Employment Office

             Public Service Association and Professional Officers' Association Amalgamated Union of New
             South Wales

             NSW Department of Tourism, Sport and Recreation

6.    Delete clause 4, Objects of the Award, and insert in lieu thereof the following:


                                           4. Objects of the Award

4.1   TSR and the employees covered by this award are committed to working together to ensure a healthy and
      safe working environment.

4.2   TSR will provide adequate occupational health and safety training and systems to support this objective.
      Employees will cooperate in undertaking that training and applying their knowledge in their duties.

4.3   TSR will provide the means, including training in alternative techniques and products, to ensure that
      employees apply environmentally sound practices in carrying out their duties.

4.4   TSR and its employees recognise that flexibility and continuous improvement are necessary for the
      organisation to provide excellent client service. This ability to adjust to the changing needs of customers
      and competition within the industry will enhance the organisation’s reputation; underpin job security and
      support the viability of the organisation’s business. Employees under this award are an important part of
      the Centre support team. They apply their skills flexibly and play a critical role in ensuring that the
      Department’s assets are protected and maintained and that our Centres are safe, welcoming and
      attractive.

4.5   TSR will provide opportunities for employees to develop their skills and undertakes to pay for those
      skills in accordance with the competency framework and organisational need. TSR will assist employees
      to record their achievements and qualifications in a portfolio. This will provide employees with a
      tangible record of their skills that may be used to further their career development and employment
      opportunities. In turn employees undertake to develop and apply their skills to the best of their ability.

4.6   TSR and its employees are committed to fostering an excellent quality of working life and fair
      employment practices. TSR undertakes to assist employees to balance work and family responsibilities
      in keeping with its objective of being an employer of choice.

4.7   TSR and its employees value teamwork, open communications and a harmonious workplace and
      undertake to work together in a spirit of co-operation.

7.    Delete clause 5, Temporary Employees, and insert in lieu thereof the following:




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N.S.W. INDUSTRIAL GAZETTE - Vol. 346                                                          3 September 2004

                                   5. Temporary and Casual Employees

5.1   A temporary employee is one engaged to undertake the duties covered by this award under section 27 of
      the Public Sector Employment and Management Act 2002 or the temporary employment provisions of
      any legislation that repeals or replaces the Act.

5.2   A temporary employee may be employed to undertake work for a regular fixed period to carry out a
      project or task, to undertake the duties of a vacant position, to provide additional assistance, or for any
      other reasons that is consistent with section 27(3) of the Public Sector Employment and Management
      Act 2002.

5.3   Temporary employees will receive a salary commensurate with the individual's level of knowledge and
      experience as determined by the Manager in accordance with rates provided at Tables 1, 2 or 3 of Part
      B, Monetary Rates.

5.4   A casual employee is one engaged to undertake the duties covered by this award under section 38 of the
      Public Sector Employment and Management Act 2002 or the casual employment provisions of any
      legislation that repeals or replaces the Act.

5.5   A casual employee may be employed to undertake work on an hourly basis to carry out work that is
      irregular, intermittent, short term, urgent or arising from an emergency or for any other reason that is
      consistent with section 38(3) of the Public Sector Employment and Management Act 2002.

5.6   Casual employees will receive a salary commensurate with the individual's level of knowledge and
      experience as determined by the Manager in accordance with the hourly rates provided at Tables 1, 2 or
      3 of Part B, Monetary Rates, and will receive a 15% loading during the period of employment. At the
      completion of the employment period, the casual employee will also be paid 4/48th of ordinary pay
      earned during their period of employment in lieu of annual leave benefits.

8.    Delete paragraphs 6.4.1, 6.4.2, 6.4.5 and 6.4.7 of subclause 6.4 of clause 6, Salaries, and insert in lieu
      thereof the following:

      6.4.1 New appointees to the Department will be appointed on probation in accordance with section 23
            of the Public Sector Employment and Management Act 2002, or any legislation which repeals
            and replaces the Act.

      6.4.2 New appointees will be appointed at a salary commensurate with their skills, experience and
            qualifications as determined by the Manager, in accordance with the rates provided at Part B,
            Monetary Rates, Table 1 (Services Officers) and Table 3 (Assistant Services Officers).

      6.4.5 Services Officers who are assessed as not being fully competent at any of the Services Officer
            Levels and Assistant Services Officers who are assessed as not fully competent at the level they
            were appointed to at the six month assessment may have their appointment annulled in
            accordance with section 23 of the Public Sector Employment and Management Act 2002, or any
            legislation which repeals and replaces the Act.

      6.4.7 New appointees to Services Officer (Groundsperson) and Service Officer (Gardener) positions
            will be assessed within three months of appointment. Services Officer (Groundsperson) and
            Service Officer (Gardeners) who are assessed as not possessing the competencies required will be
            provided with a written report within two weeks of the assessment which will state which
            competencies they have not attained and specify the training and development required. The staff
            member will be advised that a further assessment will be conducted within six months of
            appointment. Services Officers appointed to these positions who are not assessed as fully
            competent may have their appointment annulled in accordance with section 23 of the Public
            Sector Employment and Management Act 2002, or any legislation which repeals and replaces the
            Act.



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9.     Delete paragraphs 6.5.1, 6.5.4 and 6.5.5 of subclause 6.5 of the said clause 6 and insert in lieu thereof
       the following:

       6.5.1 Assessment will be held on the anniversary of the initial employment, unless another date is
             agreed upon by the employee and Manager with the approval of the appropriate Director, for
             reasons of equity, client demand or safety.

       6.5.4 The recommendation of the assessor/s will be provided to and discussed with the employee
             before being submitted to the Manager for approval.

       6.5.5 If progression is recommended, the Manager will approve progression from the date the
             assessment was held provided the employee’s manager has also certified that his/her work
             performance is satisfactory.

10.    Delete subclause 7.2 of clause 7, Uniforms and Laundry Allowance, and insert in lieu thereof the
       following:

7.2    A laundry allowance will be paid fortnightly to the employee at the rate specified in the Crown
       Employees (Public Service Conditions of Employment) Award 2002 at Item 15 of Table 1 - Allowances,
       of Part B, Monetary Rates.

11.    Delete subclauses 8.9, 8.10 and 8.12 of clause 8, Hours of Duty, and insert in lieu thereof the following:

8.9    The distribution of weekend, Public Holiday and out-of-hours work will be allocated equitably between
       all employees subject to the ability of the Centre to meet client demand.

8.10   In emergencies, rosters may be varied by the Manager, Assistant General Manager or Services Co-
       ordinator, provided that 24 hours' notice is given to the employee.

8.12   Local arrangements to apply at particular Centres or Academies may be negotiated between an employee
       and the Manager, Assistant General Manager or Services Co-ordinator. All local arrangements must be
       documented and approved by the relevant Director. The PSA will be informed about permanent or long-
       term arrangements.

12.    Delete subclause 10.1 of clause 10, Leave, and insert in lieu thereof the following:

10.1   Leave entitlements will be calculated in hours based on general Public Service leave provisions included
       in the Crown Employees (Public Service Conditions of Employment ) Award 2002.

13.    Delete subclauses 12.1 and 12.3 of clause 12, Higher Duties Allowance, and insert in lieu thereof the
       following:

12.1   The provisions contained in Part 5 Division 2 Higher Duties and Acting Allowances of the Public Sector
       Employment and Management (General) Regulation 1996, or the relevant provisions of any legislation
       or regulation that repeal or replace the Regulation, will apply to permanent employees who relieve in
       classifications of a higher salary level.

12.3   An employee who does not perform the whole of the duties or assume all the responsibilities of the relief
       position will be paid a proportion of the higher duties allowance. The amount of the allowance will be
       determined by the Manager.

14.    Delete subclause 13.3 of clause 13, Public Service Holiday, and insert in lieu thereof the following:

13.3   The Manager will determine which day is to be granted to an employee as a Public Service Holiday.

15.    Delete subclauses 15.1, 15.4, 15.5 and 15.7 of clause 15, Flexible Use of Staff, and insert in lieu thereof
       the following:


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N.S.W. INDUSTRIAL GAZETTE - Vol. 346                                                          3 September 2004

15.1   Employees may be required, at the direction of the Manager, Assistant General Manager or Services Co-
       ordinator, to undertake general kitchen duties.

15.4   An employee’s place of work may be changed from one Centre to another on a temporary basis for
       reasons of skills transfer, to meet seasonal or unexpected client demand, emergency or at the employee’s
       request.

15.5   If a Centre is closed due to seasonal demand, or is temporarily not providing services for reasons of
       emergency, employees may be asked either to temporarily relocate to another Centre for up to one roster
       period with extension available with mutual agreement or, alternatively, to take accrued leave.

15.7   Travelling compensation for employees who are temporarily located is governed by clauses 27-33 of the
       Crown Employees (Public Service Conditions of Employment) Award 2002.

16.    Delete subclauses 22.1 and 22.2 of clause 22, Area, Incidence and Duration, and insert in lieu thereof the
       following:

22.1   This award will apply to all employees employed for the purposes of providing general services to
       Centres.

22.2   The employees regulated by this award will be entitled to the conditions of employment as set out in this
       award and, except where specifically varied by this award, existing conditions provided for by the Public
       Sector Employment and Management Act 2002 and Regulation 1996, or any legislation or regulations
       which repeal and replace the existing Act or Regulation, and the Crown Employees (Public Service
       Conditions of Employment) Award 2002 or any replacement award.

17.    Delete Schedule 1 and insert in lieu thereof the following:

                                               SCHEDULE 1
                                               Centre Locations

Addresses at which the Enterprise is carried out:

       Berry Sport and Recreation Centre
       660 Coolangatta Road
       BERRY NSW 2535

       Borambola Sport and Recreation Centre
       1980 Sturt Highway
       WAGGA WAGGA NSW 2650

       Broken Bay Sport and Recreation Centre
       BROOKLYN NSW 2083

       Lake Ainsworth Sport and Recreation Centre
       Pacific Parade
       LENNOX HEAD NSW 2478

       Lake Burrendong Sport and Recreation Centre
       Tara Road
       MUMBIL NSW 2820

       Jindabyne Sport and Recreation Centre
       The Barry Way
       JINDABYNE NSW 2627



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N.S.W. INDUSTRIAL GAZETTE - Vol. 346                                                          3 September 2004

       Lake Keepit Sport and Recreation Centre
       Fitness Camp Road
       GUNNEDAH NSW 2380

       Milson Island Sport and Recreation Centre
       BROOKLYN NSW 2083

       Myuna Bay Sport and Recreation Centre
       Main Road
       DORA CREEK NSW 2264

       Point Wolstoncroft Sport and Recreation Centre
       Kanangra Drive
       GWANDALAN NSW 2259

       Sydney Academy of Sport and Recreation
       Wakehurst Parkway
       NARRABEEN NSW 2101

       Sydney International Equestrian Centre
       Walgrove Road
       HORSLEY PARK NSW 2164

       Sydney International Shooting Centre
       Elizabeth Drive
       CECIL PARK NSW 2171

18.    This variation shall take effect from the beginning of the first pay period to commence on or after 2 June
       2004.



                                                                                         M. SCHMIDT J.


                                               ____________________


Printed by the authority of the Industrial Registrar.




                                                        - 307 -
N.S.W. INDUSTRIAL GAZETTE - Vol. 346                                                           3 September 2004

(556)                                                                                          SERIAL C3020

              PUBLIC HOSPITALS DENTAL STAFF (STATE) AWARD
                    INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

                                   Erratum to Serial C2616 Published 9 July 2004

                                                    (345 I.G. 204)

                                               (No. IRC 5746 of 2003)


                                                        ERRATUM

1.      Delete in instruction 2, subclause (i) and substitute the following:

(i)     A committee consisting of up to three representatives of the Corporation and up to three representatives
        of the Union shall be constituted to consider and recommend to the Corporation (a) the grading of any
        new position or any variation of grading or classification of a position as a result of any substantial
        alteration of duties and/or responsibilities or in any case of anomalies and (b) the date of effect of the
        grading recommended. Provided that:

        (a)    an employee shall, while the grading of his position is under consideration to the committee be
               ineligible to be a member of the committee;

        (b)    the committee shall not, without sufficient reason, recommend the retrospective operation of any
               grading; and

        (c)    where a retrospective date of effect is recommended such a date shall not be earlier than a date
               six months prior to the date on which the matter was referred to the committee.



                                                                      G. M. GRIMSON Industrial Registrar.



                                               ____________________


Printed by the authority of the Industrial Registrar.




                                                         - 308 -
N.S.W. INDUSTRIAL GAZETTE - Vol. 346                                                    3 September 2004

(1580)                                                                                  SERIAL C2887

         AUSTRALIAN BROADCASTING CORPORATION SYDNEY
               ACCOMMODATION PROJECT AWARD
                    INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

                                                  (No. IRC 1642 of 2004)

Before Mr Deputy President Sams                                                              28 June 2004

                                             ORDER OF RESCISSION

The Industrial Relations Commission of New South Wales orders that the Australian Broadcasting Corporation
Sydney Accommodation Project Award, published 7 September 2001 (327 I.G. 702) as varied, be rescinded on
and from 28 June 2004.



                                                                                    P. J. SAMS D.P.




                                               ____________________


Printed by the authority of the Industrial Registrar.




                                                         - 309 -
N.S.W. INDUSTRIAL GAZETTE - Vol. 346                                                    3 September 2004

(1379)                                                                                  SERIAL C2878

                    155 MACQUARIE STREET PROJECT AWARD
                    INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

                                                  (No. IRC 1645 of 2004)

Before Mr Deputy President Sams                                                                5 July 2004

                                               REVIEWED AWARD

The Industrial Relations Commission of New South Wales orders that the 155 Macquarie Street Project Award,
published 17 December 1999 (312 I.G. 841) as varied, be rescinded on and from 5 July 2004.



                                                                                    P. J. SAMS D.P.




                                               ____________________



Printed by the authority of the Industrial Registrar.




                                                         - 310 -
N.S.W. INDUSTRIAL GAZETTE - Vol. 346                                                   3 September 2004

(1459)                                                                                 SERIAL C2817

             PATHOLOGY SERVICES PTY LTD INTERIM AWARD
                    INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

                                                  (No. IRC 1755 of 2004)

Before Mr Deputy President Grayson                                                           8 June 2004

                                             ORDER OF RESCISSION

The Industrial Relations Commission of New South Wales orders that the Pathology Services Pty Ltd Interim
Award published 1 December 2000 (320 I.G. 916) as varied, be rescinded on and from 8 June 2004.



                                                                               J. P. GRAYSON D.P.


                                               ____________________


Printed by the authority of the Industrial Registrar.




                                                         - 311 -
N.S.W. INDUSTRIAL GAZETTE - Vol. 346                                                    3 September 2004

(1570)                                                                                  SERIAL C2882

         ST VINCENT'S HOSPITAL REDEVELOPMENT NEW XAVIER
                      BUILDING PROJECT AWARD
                    INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

                                                  (No. IRC 1637 of 2004)

Before Mr Deputy President Sams                                                              28 June 2004

                                             ORDER OF RESCISSION

The Industrial Relations Commission of New South Wales orders that the St Vincent's Hospital Redevelopment
New Xavier Building Project Award, published 20 July 2001 (326 I.G. 237) as varied, be rescinded on and
from 28 June 2004.



                                                                                    P. J. SAMS D.P.




                                               ____________________


Printed by the authority of the Industrial Registrar.




                                                         - 312 -
N.S.W. INDUSTRIAL GAZETTE - Vol. 346                                                  3 September 2004

(886)                                                                                  SERIAL C2905

    PEABODY RESOURCES LIMITED SITE CONSENT AWARD 2000
                    INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

                                                  (No. IRC 1703 of 2004)

Before Mr Deputy President Sams                                                              2 July 2004

                                             ORDER OF RESCISSION

The Industrial Relations Commission of New South Wales orders that the Peabody Resources Limited Site
Consent Award 2000, published 10 May 2002 (333 I.G.416) as varied, be rescinded on and from 2 July 2004.



                                                                                  P. J. SAMS D.P.




                                               ____________________



Printed by the authority of the Industrial Registrar.




                                                         - 313 -
N.S.W. INDUSTRIAL GAZETTE - Vol. 346                                                              3 September 2004

                                                                                                   SERIAL C3022

                       ENTERPRISE AGREEMENTS APPROVED
                    BY THE INDUSTRIAL RELATIONS COMMISSION

                           (Published pursuant to s.45(2) of the Industrial Relations Act 1996)




  EA04/228 - BOC Australia Limited Sydney Operations Enterprise Agreement 2003
  Made Between: BOC Australia Ltd -&- the Transport Workers' Union of New South Wales.

  New/Variation: Replaces EA00/309.

  Approval and Commencement Date: Approved and commenced 21 April 2004.

  Description of Employees: The agreement applies to employees of BOC Australia Limited, who fall within
  the coverage of the Transport Industry Mixed Enterprises Interim (State) Award and who are employed on the
  Sydney Operations Centre, Wetherill Production Site, except for Customer Engineering Services and
  Distribution.

  Nominal Term: 14 months.



  EA04/229 - Procter & Gamble Manufacturing Pty Ltd (Rydalmere) Enterprise Agreement 2004-2005
  Made Between: Procter and Gamble Manufacturing Pty Ltd -&- the Shop, Distributive and Allied
  Employees' Association, New South Wales.

  New/Variation: Replaces EA02/311.

  Approval and Commencement Date: Approved and commenced 7 July 2004.

  Description of Employees: The agreement applies to the employees of Procter & Gamble Manufacturing
  Pty Ltd, 320 Victoria Road Rydalmere NSW, who are engaged in the occupations associated with production,
  stores and quality assurance and who fall within the coverage of the Drug Factories (State) Award and the
  Warehouse Employees Drug (State) Award.

  Nominal Term: 21 months.




                                                        - 314 -
N.S.W. INDUSTRIAL GAZETTE - Vol. 346                                                        3 September 2004

  EA04/230 - Zoological Parks Board of New South Wales Commercial Operations and Guest Services
  Employees Enterprise Agreement 2003
  Made Between: Zoological Parks Board of New South Wales -&- the Australian Liquor, Hospitality and
  Miscellaneous Workers Union, New South Wales Branch.

  New/Variation: Replaces EA01/199

  Approval and Commencement Date: Approved 26 May 2004 and commenced 1 July 2001.

  Description of Employees: The agreement applies to permanent, temporary and casual employees of the
  Zoological Parks Board of New South Wales at Taronga Zoo, Bradleys Head Road Mosman NSW, who are
  employed on either a full-time, part-time or casual basis as Cleaners, Sky Safari personnel, Guest Services
  Officers, Gatekeepers and/or Security Officers at Taronga Zoo and who fall within the coverage of the
  Security Industry (State) Award and the Miscellaneous Workers' - General Services (State) Award.

  Nominal Term: 36 months.



  EA04/231 - Mission Australia (Salary Packaging) Enterprise Agreement 2004
  Made Between: Mission Australia -&- the New South Wales Independent Education Union.

  New/Variation: New.

  Approval and Commencement Date: Approved and commenced 25 June 2004.

  Description of Employees: The agreement applies to the employees of Mission Australia, 4-10 Campbell
  Street, Sydney, NSW, who fall within the coverage of the Teachers (Non-Government Pre-Schools) (State)
  Award 2002 and the Teachers (Non-Government Early Childhood Service Centres Other Than Pre-Schools)
  (State) Award 2002.

  Nominal Term: 12 months.



  EA04/232 - Rivercorp Enterprise Agreement 2004-2005
  Made Between: Rivercorp -&- the Electrical Trades Union of Australia, New South Wales Branch.

  New/Variation: New.

  Approval and Commencement Date: Approved 16 July 2004 and commenced 25 May 2004.

  Description of Employees: The agreement applies to all employees of Rivercorp, PO Box 840 Broadway
  NSW 2007, who fall within the coverage of the Electrical, Electronic and Communications Contracting
  Industry (State) Award and who are engaged upon construction work within the County of Cumberland.

  Nominal Term: 17 months.




                                                    - 315 -
N.S.W. INDUSTRIAL GAZETTE - Vol. 346                                                        3 September 2004

  EA04/233 - J Blackwood & Son Limited Smithfield Customer Service & Administration Enterprise
  Agreement 2003-2006
  Made Between: J Blackwood and Son Limited -&- the New South Wales Local Government, Clerical,
  Administrative, Energy, Airlines & Utilities Union.

  New/Variation: New.

  Approval and Commencement Date: Approved and commenced 21 June 2004.

  Description of Employees: The agreement applies to employees of J Blackwood & Son Limited, trading as
  Blackwoods ("the Company"), who are employed within the Company's customer service or clerical
  administration operations, excluding the warehouse, at 13-15 Cooper Street Smithfield NSW 2164, and who
  fall within the coverage of the Clerical and Administrative Employees (State) Award.

  Nominal Term: 28 months.



  EA04/234 - SITA Environmental Solutions/Transport Workers' Union of Australia (NSW Branch)
  Waste Industry Heads of Agreement 2003
  Made Between: SITA Environmental Solutions -&- the Transport Workers' Union of New South Wales.

  New/Variation: New.

  Approval and Commencement Date: Approved 3 March 2004 and commenced 1 July 2003.

  Description of Employees: The agreement applies to employees of SITA Environmental Solutions ("the
  Company"), Level 14, 9 Hunter Street Sydney NSW 2000, who are engaged in the Company's domestic waste
  and recycling and trade waste operations in NSW and who fall within the coverage of the Transport Industry
  Trade Waste (State) Award or the Transport Industry Waste Collection and Recycling (State) Award.

  Nominal Term: 24 months.



  EA04/235 - Readymix Holdings Pty Limited South Coast Region Concrete Transport Certified
  Agreement 2004-2006
  Made Between: Readymix Holdings Pty Limited -&- the Transport Workers' Union of New South Wales.

  New/Variation: New.

  Approval and Commencement Date: Approved 19 July 2004 and commenced 15 April 2004.

  Description of Employees: The agreement applies to the South Coast Region (as defined) Concrete
  Transport, in respect to drivers employed by Readymix Holdings Pty Limited, 90-92 Phillip Street Parramatta
  NSW 2150, who operate Readymix controlled concrete vehicles and who fall within the coverage of the
  Transport Industry Mixed Enterprises Interim (State) Award.

  Nominal Term: 24 months.




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N.S.W. INDUSTRIAL GAZETTE - Vol. 346                                                        3 September 2004

  EA04/236 - Linfox - TWU (Carter Holt Harvey - Oberon Gate 6, Lower Mount Road Oberon, NSW
  2787) Enterprise Agreement 2003
  Made Between: Linfox Australia Pty Ltd -&- the Transport Workers' Union of New South Wales.

  New/Variation: New.

  Approval and Commencement Date: Approved 30 July 2004 and commenced 17 August 2003.

  Description of Employees: The agreement applies to employees of Linfox Australia Pty Ltd, 30 Sturt Street
  Smithfield 2154, who are employed in NSW, who fall within the coverage of the Transport Industry (State)
  Award and whose workplace and/or operation is Carter Holt Harvey - Oberon Gate 6, Lower Mount Road
  Oberon, 2787.

  Nominal Term: 36 months.



  EA04/237 - Linfox - TWU (AE Baker) Enterprise Agreement 2003
  Made Between: Linfox Australia Pty Ltd -&- the Transport Workers' Union of New South Wales.

  New/Variation: New.

  Approval and Commencement Date: Approved 30 July 2004 and commenced 27 October 2003.

  Description of Employees: The agreement applies to employees of Linfox Australia Pty Ltd, 30 Sturt Street
  Smithfield 2154, who are employed in NSW, who fall within the coverage of the Transport Industry (State)
  Award and whose workplace and/or operation is AE Baker.

  Nominal Term: 36 months.



  EA04/238 - Linfox - TWU - Air Liquide Enterprise Agreement 2003
  Made Between: Linfox Australia Pty Ltd -&- the Transport Workers' Union of New South Wales.

  New/Variation: New.

  Approval and Commencement Date: Approved 30 July 2004 and commenced 12 September 2003.

  Description of Employees: The agreement applies to employees of Linfox Australia Pty Ltd, 30 Sturt Street,
  Smithfield 2154, who are employed in NSW, who fall within the coverage of the Transport Industry (State)
  Award and whose workplace and/or operation is Air Liquide .

  Nominal Term: 36 months.




                                                   - 317 -
N.S.W. INDUSTRIAL GAZETTE - Vol. 346                                                      3 September 2004

  EA04/239 - Linfox - TWU (Hardy Wines) Enterprise Agreement 2003
  Made Between: Linfox Australia Pty Ltd -&- the Transport Workers' Union of New South Wales.

  New/Variation: New.

  Approval and Commencement Date: Approved 30 July 2004 and commenced 1 July 2003.

  Description of Employees: The agreement applies to employees of Linfox, 30 Sturt Street Smithfield 2154,
  who are employed in NSW, who fall within the coverage of the Transport Industry (State) Award and whose
  workplace and/or operation is Hardy Wines.

  Nominal Term: 36 months.



  EA04/240 - Linfox - TWU Building and Construction NSW X - Dock Enterprise Agreement 2003
  Made Between: Linfox Australia Pty Ltd -&- the Transport Workers' Union of New South Wales.

  New/Variation: New.

  Approval and Commencement Date: Approved 30 July 2004 and commenced 29 August 2003.

  Description of Employees: The agreement applies to employees of Linfox, 30 Sturt Street Smithfield 2154,
  who are employed in NSW, who fall within the coverage of the Transport Industry (State) Award and whose
  workplace and/or operation is Building and Construction NSW X - Dock.

  Nominal Term: 36 months.




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Printed by the authority of the Industrial Registrar.




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