Common use of Disputes Procedure Clause in Contracts

Disputes Procedure. 16.1. Any dispute or claim (whether any such dispute or claim arises out of the operation of this Agreement or not) as to the wages or conditions of employment of any of the employees covered by this Agreement including disputes arising out of National Employment Standards [NES] shall be settled in the following manner: 16.2. In the first instance, the parties will attempt to resolve the matter in dispute at the workplace by discussions between the employee(s) concerned and the relevant supervisor. The employee may appoint another person to represent them including a union delegate. a). Any such appointed employee representative may interview the employee(s) concerned and the supervisor. This appointed employee representative shall have reasonable access to resources (including photocopier, telephone for use of local calls only, fax machine and notice board) to perform their role. b). Any employee involved in the dispute procedure steps may be released on either unpaid or paid time at the discretion of the Company. 16.2.1. If such discussions do not resolve the matter in dispute, the parties will arrange further discussions involving more senior levels of management as appropriate. The employee may invite a representative, including the union organiser, to be involved in the discussions. 16.2.2. The union (and its representatives) is capable of being a party to a dispute if it has a member who it is entitled to represent and that member is or will be affected by the dispute; or if the union is covered by the enterprise agreement and ‘is entitled to the benefit of, or has a role or responsibility with respect to’ the matter in dispute. 16.2.3. If the matter in dispute remains unresolved, the employer may refer it to a more senior level of management. The employee may invite a representative, including a more senior union official, to be involved in the discussions. The provisions of this sub-clause need not apply unless either party requests otherwise. 16.2.4. If the matter in dispute is unable to be resolved at the workplace, and all agreed. 16.2.5. Steps for resolving it have been taken, either party may refer the dispute to FWC for conciliation and, if necessary, arbitration. The parties agree that FWC shall be able to exercise whatever functions and/or powers it considers necessary to conduct any arbitral process and

Disputes Procedure. 16.1. Any In relation to any matter that may be in dispute or claim between the parties to this agreement (whether any such dispute or claim arises out of ‘the operation of this Agreement or notmatter’) as except matters relating to the wages actual or conditions threatened termination of employment of any of the employees covered by this Agreement including disputes arising out of National Employment Standards [NES] shall be settled in employee, the following mannerparties: 16.2. In the first instance, the parties a) will attempt to resolve the matter in dispute at the workplace by discussions between level, including, but not limited to: i. the employee(s) concerned employee and his or her supervisor meeting and conferring on the relevant supervisormatter; and ii. The employee may appoint another person to represent them including a union delegate. a). Any such appointed employee representative may interview the employee(s) concerned and the supervisor. This appointed employee representative shall have reasonable access to resources (including photocopier, telephone for use of local calls only, fax machine and notice board) to perform their role. b). Any employee involved in the dispute procedure steps may be released on either unpaid or paid time at the discretion of the Company. 16.2.1. If such discussions do not resolve if the matter in disputeis not resolved at such a meeting, the parties will arrange arranging further discussions involving more senior levels of management (as appropriate); and b) acknowledge the right of either party to appoint, in writing, another person to act on behalf of the party in relation to resolving the matter at the workplace level; and c) agree to allow either party to refer the matter to mediation or other alternative dispute resolution process to be conducted by a person agreed between the parties in dispute on the matter; d) agree that if either party refers the matter to alternative dispute resolution both parties will participate in the alternative dispute resolution in good faith; and acknowledge the right of either party to appoint in writing, another person to act on behalf of the party in relation to the alternative dispute resolution process; and e) agree that during the time when the parties attempt to resolve the matter: i. the parties continue to work in accordance with their contract of employment unless the employee has a reasonable concern about an imminent risk to his or her health or safety; and ii. subject to relevant provisions of any state or territory occupational health and safety law, even if the employee has a reasonable concern about an imminent risk to his or her health or safety, the employee must not unreasonably fail to comply with a direction by his or her employer to perform other available work, whether at the same workplace or another workplace, that is safe and appropriate for the employee to perform; and iii. the parties must cooperate to ensure that the dispute resolution procedures are carried out as quickly as is reasonably possible. The employee may invite a representative, including the union organiser, parties to be involved in the discussions. 16.2.2. The union (and its representatives) is capable of being a party to a dispute this agreement acknowledge that if it has a member who it is entitled to represent and that member is or will be affected by the dispute; or if the union is covered by the enterprise agreement and ‘is entitled to the benefit of, or has a role or responsibility with respect to’ the matter in dispute. 16.2.3. If the matter in dispute remains unresolved, the employer may refer it to a more senior level of management. The employee may invite a representative, including a more senior union official, to be involved in the discussions. The provisions of this sub-clause need not apply unless either party requests otherwise. 16.2.4. If the matter in dispute is we are unable to be resolved at agree on the workplace, and all agreed. 16.2.5. Steps for resolving it have been takenperson to conduct the alternative dispute resolution process, either party may refer can notify the dispute Industrial Registrar. In this case, the Industrial Registrar will provide the parties with information about options resolving the dispute. ANNEXURE A‌ • keeping areas clean and tidy; • weeding and watering; • trimming, mowing of surrounds/ etc., with hand implements; assistance in preparing areas for play; • assistance in course or green maintenance and construction; operation of a limited range of vehicles, including motor vehicles. It is recommended that employees of this level have undergone structured training at the introductory level and are appropriately assessed during the first three months of work. • operation and minor maintenance of motorised equipment other than machinery or equipment requiring the holding of specialised licences; • assistance in the maintenance, renovation and reconstruction of greens and fairways, including mowing, rolling, top dressing, seeding, turfing and sprigging, fertilising under supervision; • planting and maintenance of trees, pruning under supervision. • assistance in the training and supervision of lower grade employees; • assistance in chemical and other spraying, where required to FWC for conciliation andhold an appropriate licence; • operation of machinery and/or equipment where required to hold specialised licences or possession of specialised skills; • completion of basic records; • assistance in the construction and installation of facilities and systems. • training and supervision of employees of a lower grade, if necessaryincluding apprentices; • construction of surfaces, arbitrationgardens; • installation and maintenance of irrigation and drainage systems; • control and maintenance of stores and facilities; • stock control, record keeping; • planning the work programme in consultation with management. The parties agree that FWC shall be able to exercise whatever functions and/or powers it considers necessary to conduct any arbitral process and• supervision and training of subordinate staff, including • tradespersons; • preparation and control of budgets; • activities requiring application of specialist skills.

Disputes Procedure. 16.1. Any dispute or claim (whether any such dispute or claim arises out 53.1 This procedure will apply to disputes between the Company and the Employees about matters arising under the Agreement. 53.2 The objectives of the operation procedure will be to promote the resolution of this Agreement or not) as disputes/grievances by measures based on consultation, cooperation and discussion, to reduce the level of industrial confrontation and to avoid interruption to the wages performance of work and the consequential loss of production and wages. 53.3 Employees must obtain permission from their manager or conditions of employment of any of the employees covered by this Agreement including disputes arising out of National Employment Standards [NES] shall supervisor prior to leaving their workstation. Such permission will not be settled unreasonably withheld. 53.4 If a dispute arises, in the following manner: 16.2. In the first instance, instance the parties will genuinely attempt to resolve the matter in dispute at the workplace in accordance with the following procedure: (a) Firstly, by discussions between the employee(sEmployee(s) concerned and the relevant supervisor. The employee may appoint another person to represent them including a union delegate. a). Any such appointed employee representative may interview As part of this stage of the employee(sprocedure, the Employee(s) concerned must notify the Company (in writing or otherwise) of the nature of the dispute and the supervisor. This appointed employee representative shall have reasonable access to resources remedy sought; (including photocopier, telephone for use of local calls only, fax machine and notice boardb) to perform their role. b). Any employee involved in the dispute procedure steps may be released on either unpaid or paid time at the discretion of the Company. 16.2.1. If such discussions do not resolve the matter in dispute, by discussions between the parties will arrange further Employee(s) concerned and the Site manager; and (c) If such discussions involving more senior levels of management as appropriate. do not resolve the dispute, by discussions between the Employee(s) concerned and the relevant operations manager and/or human resources. (d) The employee Employee(s) concerned may invite a representative, including the union organiser, an appropriate support person to be involved in the discussionsat each meeting. 16.2.253.5 If the matter remains unresolved, either the Employee(s) or the Company may apply to the Registry of the Commission for resolution by conciliation and, if the matter remains unresolved, by arbitration. If arbitration is necessary, the Commission may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective. The union decision of the member will bind the parties, subject to either party exercising a right of appeal (and its representativesas provided under the Act) against the decision to a Full Bench of the Commission. 53.6 The Company and/or the Employee(s) may be represented by a person of their choosing at any stage of this procedure. 53.7 An Employee who is capable of being a party to a dispute if it must, while the dispute is being resolved: (a) continue to work in accordance with his or her contract of employment, unless the Employee has a member who it is entitled reasonable concern about an imminent risk to represent and that member is his or will be affected her health or safety; and (b) comply with any reasonable direction given by the dispute; Company to perform other available work. 53.8 Any recommendation, determination or if the union is covered arbitration made by the enterprise agreement Commission must be consistent with the National Code of Practice for the Construction Industry (the Code) and ‘the Australian Government Implementation Guidelines for the National Code of Practice for the Construction Industry (the Guidelines), and with legislative obligations. Definition A Quarry Worker Grade 1 (Trainee) is entitled to an Employee who, upon entering the benefit of, or has a role or responsibility with respect to’ the matter in dispute. 16.2.3. If the matter in dispute remains unresolved, the employer may refer it to a more senior level production workforce of management. The employee may invite a representative, including a more senior union official, to be involved in the discussions. The provisions of this sub-clause need not apply unless either party requests otherwise. 16.2.4. If the matter in dispute is unable to be resolved at the workplace, will undertake up to three months induction and all agreed. 16.2.5skills training. Steps This training will include information on the enterprise, conditions of employment, introduction to personnel, training and career opportunities, workplace layout, work and documentation procedures and specific occupational health and safety equipment appreciation and quality control training. Duties Indicative of the tasks an Employee at this level may perform are the following: ⮚ general labouring; ⮚ cleaning; ⮚ higher level tasks for resolving it have been takentraining purposes. Responsibility An Employee at this level will perform routine tasks, using minimal judgement, under direct supervision, to the level of their skill and training. Qualification The qualification required for an entry by the Employee will be determined by the Company. Basic literacy and numeracy skills will be desirable. Use and understanding of English is also desirable. Training An Employee at this level will be provided with a period of up to 3 months of structured induction and skills training in order to competently perform the duties of a Quarry Worker Grade 2. Progression An Employee may progress from Level 1 to higher levels after 3 months service and on being able to competently perform the duties at a higher level. Definition A Quarry Worker Grade 2 (Attendant) has successfully completed up to three months structured training so as to enable the Employee to perform competently the work within the scope of this level. Duties Indicative of the tasks an Employee at this level may perform are the following: ⮚ attend to, maintain and service fixed and mobile plant; ⮚ assist with the repair and maintenance of fixed and mobile plant; ⮚ apply basic quality control and assurance procedures; ⮚ use Class C or LR motor vehicles; ⮚ maintain simple records; and ⮚ higher grade tasks for training purposes. Responsibility An Employee at this level works under direct supervision, either party individually or in a team environment Qualification A Quarry Worker Grade 2 will have successfully completed the entry level induction and skills training and have demonstrated competence in performing the duties at this level. Training An Employee at this level may refer be provided with structured training to allow him/her to perform the dispute wider range of duties at this level. An Employee may also, over time, be provided with a structured program of training that will allow them to FWC for conciliation and, if necessary, arbitrationcompetently perform work at higher grades. The parties agree that FWC shall be Progression An Employee may progress to a higher grade on the basis of being able to competently perform the skills to work at the higher grade and on being selected for a position when a position at that level becomes available. When Accredited Competency Based Training and assessment becomes available for higher grades, successful completion of this training and assessment will be required for progression to a higher grade. Translation from Old Structure to New Old classifications that are to be translated to this grade include: ⮚ Labourer, Pick and Shovel; ⮚ Driver, Motor Vehicle Class C or LR; ⮚ Fixed Plant Attendant. Definition A Quarry Worker Grade 3 has demonstrated competency and is required to undertake work at this level Duties Indicative of the tasks an Employee at this level may perform are the following: ⮚ operate at least one item of Group A plant; ⮚ maintain plant and equipment; ⮚ carry out basic product sampling and quality testing; ⮚ operate a weighbridge; ⮚ carry out clerical tasks and maintain simple records; ⮚ receive, issue and maintain stores; ⮚ assist in on-the-job training; and ⮚ higher level tasks for training purposes. Responsibility An Employee at this level will be responsible for the quality of their own work, subject to routine supervision, and exercise whatever functions discretion to the level of their skill and training Qualification A Quarry Worker Grade 3 will have successfully completed the entry level induction and skills training and have demonstrated competence in performing the duties at this level. When accredited competency-based training and assessment becomes available for Level 3 occupations, successful completion of this training and assessment will be a required qualification for this level. Training An Employee at this level may be provided with structured training to allow him/her to perform the wider range of duties at this level. An Employee may also, over time, be provided with a structured program of training that will allow them to competently perform work at higher levels. Progression An Employee may progress to a higher level on the basis of being able to competently perform the skills to work at the higher level and on being selected for a position when a position at that level becomes available. When accredited competency-based training and assessment becomes available for higher levels, successful completion of this training and assessment will be required for progression to a higher level. Definition A Quarry Worker Grade 4 has demonstrated competency and is required to undertake work at this level Duties Indicative of the tasks an Employee at this level may perform are the following: ⮚ fault find problems and make adjustments to plant; ⮚ understand and interpret quality assurance procedures and perform analytical tests ⮚ and ascertain conformity; ⮚ operate at least one item of Group B plant; ⮚ operate a weighbridge and allocate trucks; ⮚ assist in on-the-job training; and ⮚ higher level tasks for training purposes. Responsibility An Employee at this level will be responsible for the quality of their work, subject to routine supervision, and exercise discretion to the level of their skill and training Qualification A Quarry Worker Grade 4 will have successfully completed the entry level induction and skills training and have demonstrated competence in performing the duties at this level. When accredited competency-based training and assessment becomes available for Level 4 occupations, successful completion of this training and assessment will be a required qualification for this level. Training An Employee at this level may be provided with structured training to allow him/her to perform the wider range of duties at this level. Quarry Worker Grade 4 An Employee may also, over time, be provided with a structured program of training that will allow them to competently perform work at higher levels Progression An Employee may progress to a higher level on the basis of being able to competently perform the skills to work at the higher level and on being selected for a position when a position at that level becomes available. When accredited competency-based training and assessment becomes available for higher levels, successful completion of this training and assessment will be required for progression to the higher level Definition A Quarry Worker Grade 5 has demonstrated competency and is required to undertake work at this level Duties Indicative of the tasks an Employee at this level may perform are the following: ⮚ carry out routine mechanical repairs; ⮚ operate at least one item of Group C plant; ⮚ operate a multiple weighbridges and carry out computerised allocation of trucks; ⮚ higher level tasks for training purposes. Responsibility An Employee at this level will be responsible for the quality of their own work, subject to general supervision, and exercise discretion to the level of their skill and training Qualification A Quarry Worker Grade 5 will have successfully completed the entry level induction and skills training and have demonstrated competence in performing the duties at this level. When accredited competency-based training and assessment becomes available for Level 5 occupations, successful completion of this training and assessment will be a required qualification for this level. Training An Employee at this level may be provided with structured training to allow him/her to perform the wider range of duties at this level. An Employee may also, over time, be provided with a structured program of training that will allow them to competently perform work at higher levels. Progression An Employee may progress to a higher level on the basis of being able to competently perform the skills to work at the higher level and on being selected for a position when a position at that level becomes available. When accredited competency-based training and assessment becomes available for higher levels, successful completion of this training and assessment will be required for progression to the higher level. Definition A Quarry Worker Grade 6 has demonstrated competency and is required to undertake work at this level Duties Indicative of the tasks an Employee at this level may perform are the following: ⮚ supervise, plan and control clerical and weighbridge operations; ⮚ prepare and initiate quarry blasts; ⮚ operate at least one item of Group D plant; ⮚ higher level tasks for training purposes. Responsibility An Employee at this level will be responsible for the quality of their work, subject to general supervision, and exercise discretion to the level of their skill and training. Qualification A Quarry Worker Grade 6 will have successfully completed the entry level induction and skills training and have demonstrated competence in performing the duties at this level. When accredited competency-based training and assessment becomes available for Level Quarry Worker Grade 6 6 occupations, successful completion of this training and assessment will be a required qualification for this level. Training An Employee at this level may be provided with structured training to allow him/her to perform the wider range of duties at this level. An Employee may also, over time, be provided with a structured program of training that will allow them to competently perform work at higher levels. Progression An Employee may progress to a higher level on the basis of being able to competently perform the skills to work at the higher level and on being selected for a position when a position at that level becomes available. When accredited competency-based training and assessment becomes available for higher levels, successful completion of this training and assessment will be required for progression to the higher level. Definition A Quarry Worker Grade 7 has demonstrated competency and is required to undertake work at this level. Duties Indicative of the tasks an Employee at this level may perform are the following: ⮚ operate at least one item of Group E plant; Responsibility An Employee at this level will be responsible for the quality of their own work, subject to general supervision, and exercise discretion to the level of their skill and training. Qualification A Quarry Worker Grade 7 will have successfully completed the entry level induction and skills training and have demonstrated competence in performing the duties at this level. When accredited competency-based training and assessment becomes available for Level 7 occupations, successful completion of this training and assessment will be a required qualification for this level. Training An Employee at this level may be provided with structured training to allow him/her to perform the wider range of duties at this level. An Employee may also, over time, be provided with a structured program of training that will allow them to competently perform work at higher grades. Progression An Employee may progress to a higher grade on the basis of being able to competently perform the skills to work at the higher grade and on being selected for a position when a position at that level becomes available. When Accredited Competency Based Training and assessment becomes available for higher grades, successful completion of this training and assessment will be required for progression to a higher grade Definition A Quarry Trade Level 1 is an employee classed as a Quarry Trade Level 1 (Electrical) or a Quarry Trade Level 1 (Mechanical) A Quarry Trade Level 1 (Electrical), is an electrical tradesperson of one or more of the following classes: ⮚ "Electrical Fitter" mainly engaged in making or repairing electrical machines, instruments or appliances, who, in the course of his/her work, applies electrical knowledge. ⮚ "Electrical Mechanic" tradesperson mainly engaged on electrical installation, repair and maintenance work. A Quarry Trade Level 1 (Mechanical), is a tradesperson of one or more of the following classes: Mechanical fitter, pipe fitter on refrigeration work and/or powers it considers necessary to conduct any arbitral process andhigh pressure work, which includes live steam and hydraulic press work, points and crossings fitter and window frame fitter; or a tradesperson who is partly or wholly engaged is setting up and Quarry Trade Level 1 operating the following machines: lathe, boring machine, milling machine, planing machine, shaping machine, slotting machine, precision grinding machine, and a drilling machine where the operator uses the same precision tools as fitters and turners; or a tradesperson engaged in repairing, altering, overhauling, assembling or testing metal of the engine or chassis of motor cars, motor cycles or other motor vehicles; or engaged in repairing and/or overhauling wheeled or track type mobile equipment associated with (a) construction equipment, (b) earthmoving equipment or agricultural and diesel mobile equipment such as petrol and/or diesel engines, chassis, transmission, hydraulics, electrical system and ancillary equipment; or a tradesperson using e

Disputes Procedure. 16.1. 8.1 Any dispute or claim (whether any such dispute or claim arises out of the operation of this Agreement or not) as to the wages or conditions of employment of any of the employees covered by this Agreement including disputes arising out of National Employment Standards [NES] shall be settled in the following manner: 16.2. (a) In the first instance, the parties will attempt to resolve the matter in dispute at the workplace by discussions between the employee(s) concerned and the relevant supervisor. The employee may appoint another person to represent them them, including a union delegatean appointed/elected employee representative. a). Any such appointed (b) If requested by an employee, the elected employee representative may interview the employee(s) concerned and the supervisor. This appointed employee The representative shall have reasonable access to resources (including photocopier, telephone for use of local calls onlytelephone, fax machine and notice board) to perform their role. b). (c) Any employee involved in the dispute procedure steps may shall be released on either unpaid or paid time at the discretion of the Companytime. 16.2.1. (d) If such discussions do not resolve the matter in dispute, the parties will arrange further discussions involving more senior levels of management as appropriate. The employee may invite a his/her representative, including the union organiseran appointed industrial relations representative, to be involved in the discussions. 16.2.2. The union (and its representativese) is capable of being a party to a dispute if it has a member who it is entitled to represent and that member is or will be affected by the dispute; or if the union is covered by the enterprise agreement and ‘is entitled to the benefit of, or has a role or responsibility with respect to’ the matter in dispute. 16.2.3. If the matter in dispute remains unresolved, the employer may refer it to a more senior level of management. The employee may invite a representative, including a more senior union officialan appointed industrial relations representative, to be involved in the discussions. The provisions of this sub-clause need not apply unless either party requests otherwise. 16.2.4. (f) If the matter in dispute is unable to be resolved at the workplace, and all agreed. 16.2.5. Steps agreed steps for resolving it have been taken, either party may refer the dispute may be referred to FWC the Australian Industrial Relations Commission (‘the Commission’) for conciliation conciliation, and, if necessary, arbitration. Any dispute referred to the Commission should be dealt with by a member of the Commission agreed by the parties at the time or, in default of agreement, a member appointed by the Head of the relevant panel. (g) The decision of the Commission will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench. (h) The parties have the right to be represented and may appoint another person to act on their behalf. (i) While the parties are attempting to resolve the matter, each employee will continue to work in accordance with this Agreement and their contract of employment unless the employee has a reasonable concern about an imminent risk to his or her health or safety. Even if the employee has such a concern, the employee must not unreasonably fail to comply with a direction by the company to perform other available work, whether at the same location or another location that is safe and appropriate for the employee to perform. 8.2 Powers of the Commission under the disputes procedure If arbitration is necessary the parties agree that FWC the Commission shall be able have the power to exercise whatever functions and/or do all such things as are necessary for the just resolution or determination of the matter in dispute. This includes the exercising of procedural powers it considers in relation to directions, hearings, witnesses, evidence and submissions which are necessary to conduct any arbitral process andmake the arbitration effective.

Disputes Procedure. 16.1. Any dispute or claim (whether any such dispute or claim arises out of the operation of this Agreement or not) as to the wages or conditions of employment of any of the employees covered by this Agreement including disputes arising out of National Employment Standards [NES] shall be settled in the following manner: 16.221.1. In the first instanceevent of a dispute arising in the workplace about maters arising under this agreement the procedure to resolve the matter will be as follows: 21.1.1. The employee and the employee's supervisor meeting and conferring on the matter. 21.1.2. If the matter is not resolved at this meeting, the parties must arrange for further discussions between the employee and more senior levels of management. 21.1.3. If the matter cannot be resolved it may be referred by agreement of both parties to the Australian Industrial Relations Commission (the Commission) for resolution. This does not affect the right of either party to a dispute to take other action to resolve the dispute. 21.2. An employee may choose to have an employee representative of their choice, including a Union representative, to represent and support them at any stage of the dispute resolution procedure. Any representative nominated by the employee pursuant to this dispute resolution procedure will be allowed, at a place designated by the company, the necessary time during working hours to support the employee. 21.3. While the parties attempt to resolve a dispute employees must continue to work as normal in accordance with this agreement and their contracts of employment unless an employee has a reasonable concern about imminent risk to safety or health. In this case, an employee must not unreasonably fail to comply with a direction of the company to perform other available work, whether at the same or another workplace that was safe and appropriate for the employee to perform. 21.4. If a dispute is referred to the Commission for resolution, the Commission can take any or all of the following actions as it considers appropriate to resolve the dispute: 21.4.1. convene conciliation conferences of the parties or their representatives at which the Commission is present; 21.4.2. require the parties or their representatives to confer among themselves at conferences at which the Commission is not present; 21.4.3. determine whether or not the attendance of a particular person at proceedings will assist in the resolution of the dispute; 21.4.4. where either party requests, make recommendations about particular aspects of a matter about which they are unable to reach agreement; 21.4.5. where the matter, or matters, in dispute cannot be resolved (including by conciliation) arbitrate or otherwise determine the matter, or matters, in dispute 21.4.6. the Commission may refuse to conduct a dispute resolution process if the parties have not made a genuine attempt to resolve the matter in dispute at the workplace by discussions between the employee(s) concerned and the relevant supervisorlevel. 21.5. The employee may appoint another person Commission must follow due process and allow each party a fair and adequate opportunity to represent them including a union delegatepresent their case. a)21.6. Any such appointed employee representative may interview determination by the employee(s) concerned Commission under clause 21 must be in writing if either party so requests, and must give reasons for the supervisor. This appointed employee representative shall have reasonable access to resources (including photocopier, telephone for use of local calls only, fax machine and notice board) to perform their roledetermination. b)21.7. Any employee involved in determination made by the dispute procedure steps may Commission under paragraph 21 must be released on either unpaid or paid time at the discretion of the Company. 16.2.1. If such discussions do consistent with applicable law and must not resolve the matter in dispute, the parties will arrange further discussions involving more senior levels of management as appropriate. The employee may invite a representative, including the union organiser, to be involved in the discussions. 16.2.2. The union (and its representatives) is capable of being require a party to a dispute if it has a member who it is entitled to represent act in contravention of an applicable industrial instrument or law. Where relevant, and that member is or will be affected by circumstances warrant, the dispute; or if Commission can consider previous decisions of the union is covered by the enterprise agreement and ‘is entitled to the benefit of, or has a role or responsibility with respect to’ the matter in disputeCommission. 16.2.3. If the matter in dispute remains unresolved, the employer may refer it to a more senior level of management21.8. The employee may invite a representative, including a more senior union official, to be involved Commission must approach matters regarding management decisions in accordance with the general principles set out in the discussionsXPT case [(1984) 295 CAR 188]. 21.9. The provisions of this sub-clause need Commission must not apply unless either party requests otherwiseissue interim orders, ‘status quo' orders or interim determinations. 16.2.4. If the matter in dispute is unable to be resolved at the workplace, and all agreed. 16.2.5. Steps for resolving it have been taken, either party may refer the dispute to FWC for conciliation and, if necessary, arbitration21.10. The parties agree that FWC shall are entitled to be able represented including by legal representatives, in proceedings pursuant to exercise whatever functions and/or powers it considers necessary to conduct any arbitral process andthis dispute resolution procedure. 21.11. For the purpose of this clause “Commission” means the Australian Industrial Relations Commission.

Disputes Procedure. 16.1. Any dispute or claim (whether any such dispute or claim arises out 40.1 This procedure will apply to disputes between the Company and the Employees about matters arising under the Agreement. 40.2 The objectives of the operation procedure will be to promote the resolution of this Agreement or not) as disputes/grievances by measures based on consultation, cooperation and discussion, to reduce the level of industrial confrontation and to avoid interruption to the wages performance of work and the consequential loss of production and wages. 40.3 Employees must obtain permission from their manager or conditions of employment of any of the employees covered by supervisor prior to leaving their workstation when following this Agreement including disputes arising out of National Employment Standards [NES] shall procedure. Such permission will not be settled unreasonably withheld. 40.4 If a dispute arises, in the following manner: 16.2. In first instance the first instance, Company and the parties Employees concerned will genuinely attempt to resolve the matter in dispute at the workplace in accordance with the following procedure: (a) Firstly, by discussions between the employee(sEmployee(s) concerned and the relevant supervisor. The employee may appoint another person to represent them including a union delegate. a). Any such appointed employee representative may interview As part of this stage of the employee(sprocedure, the Employee(s) concerned must notify the Company (in writing or otherwise) of the nature of the dispute and the supervisor. This appointed employee representative shall have reasonable access to resources remedy sought; (including photocopier, telephone for use of local calls only, fax machine and notice boardb) to perform their role. b). Any employee involved in the dispute procedure steps may be released on either unpaid or paid time at the discretion of the Company. 16.2.1. If such discussions do not resolve the matter in dispute, by discussions between the parties will arrange further Employee(s) concerned and the Site manager; and (c) If such discussions involving more senior levels of management as appropriate. do not resolve the dispute, by discussions between the Employee(s) concerned and the relevant operations manager and/or human resources. (d) The employee Employee(s) concerned may invite a representative, including the union organiser, an appropriate support person to be involved in the discussionsat each meeting. 16.2.240.5 If the matter remains unresolved, either the Employee(s) or the Company may apply to the Registry of the Commission for resolution by conciliation and, if the matter remains unresolved, by arbitration. If arbitration is necessary, the Commission may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective. The union decision of the member will bind the Company and the Employees, subject to either party exercising a right of appeal (and its representativesas provided under the Act) against the decision to a Full Bench of the Commission. 40.6 The Company and/or the Employee(s) may be represented by a person or organisation of their choosing at any stage of this procedure. 40.7 An Employee who is capable of being a party to a dispute if it must, while the dispute is being resolved: (a) continue to work in accordance with his or her contract of employment, unless the Employee has a member who it is entitled reasonable concern about an imminent risk to represent and that member is his or will be affected her health or safety; and (b) comply with any reasonable direction given by the dispute; Company to perform other available work. 40.8 Any recommendation, determination or if the union is covered arbitration made by the enterprise agreement Commission must be consistent with the National Code of Practice for the Construction Industry (the Code) and ‘is entitled to the benefit of, or has a role or responsibility with respect to’ Australian Government Implementation Guidelines for the matter in dispute. 16.2.3. If National Code of Practice for the matter in dispute remains unresolved, Construction Industry (the employer may refer it to a more senior level of management. The employee may invite a representative, including a more senior union official, to be involved in the discussions. The provisions of this sub-clause need not apply unless either party requests otherwise. 16.2.4. If the matter in dispute is unable to be resolved at the workplaceGuidelines), and all agreed. 16.2.5with legislative obligations. Steps for resolving it have been taken, either party may refer 13 $883.77 $914.70 $951.29 12 $870.10 $900.55 $936.57 11 $856.08 $886.04 $921.48 10 $842.56 $872.05 $906.93 9 $821.80 $850.56 $884.58 8 $784.66 $812.12 $844.60 7 $767.34 $794.20 $825.97 6 $750.06 $776.31 $807.36 5 $731.20 $756.79 $787.06 4 $714.51 $739.52 $769.10 3 $698.64 $723.09 $752.01 2 $690.30 $714.46 $743.04 1 $673.05 $696.61 $724.47 Gosnells Quarry Agreement 2006v4.DOC Table 2 – Allowances Item No. Allowances Operative from first pay period on or after the dispute Commencement Date Operative from first pay period on or after 1 November 2007 Operative from first pay period on or after 1 November 2008 1 Leading Hand – 3 to FWC for conciliation and, if necessary, arbitration. The parties agree that FWC shall be able 9 (per week) $21.90 $22.75 $23.64 2 Leading Hand – 10 to exercise whatever functions and/or powers it considers necessary to conduct any arbitral process and19 (per week) $35.10 $36.47 $37.89 3 Leading Hand – 20 or more (per week) $43.50 $45.20 $46.96 4 First Aid (per week) $6.60 $6.86 $7.13 5 Meal (per meal) $10.08 $10.47 $10.88

Disputes Procedure. 16.11) Disputes and differences arising between the Artiste and the Producer. Any In the event that a dispute or claim (whether any such difference touching on the terms of this Agreement, or those of an engagement or engagements under it, arises between an Artiste or Artistes and a Producer, either party to the dispute or claim arises out difference, or the FAA or PACT, shall within twenty eight days of its cause having arisen, invoke the following procedure: a) Every endeavour shall be made by the authorised representative of the operation Producer, the authorised unit representative of the FAA (if any) and the Artiste(s) concerned to resolve the matter at the place at which it has arisen. b) Failing such resolution within twenty four hours the matter shall be referred to a senior representative of the Producer and the appropriate full time official of the FAA, who shall, in consultation with the Artiste(s) and the Producer’s representative(s) concerned, make every endeavour to resolve it. c) Failing such resolution within seventy two hours the matter shall be referred to a meeting of representatives of PACT and the FAA, who shall not be those directly concerned with the matter in dispute. This meeting shall be held within seventy two hours of one party receiving a written request for the meeting from the other. d) On failure to agree, and on either party wishing to pursue the matter, the parties to the dispute may then, by mutual Agreement, refer the matter to the Advisory, Conciliation and Arbitration Service, or elsewhere as may be agreed, for conciliation or arbitration, provided that reference to arbitration shall be mandatory on all the parties concerned in the case of a dispute concerning only the interpretation of this Agreement or notof an engagement made under its terms. With reference to sub-clauses b) as to and c) of Clause 19.1, in the wages or conditions of employment of any event that it is mutually agreed that a meeting within 72 hours is impracticable then a mutually agreed date for a meeting at the earliest practicable time thereafter will be agreed before expiry of the employees covered by this Agreement including disputes 72 hour period. 2) Disputes and differences arising out of National Employment Standards [NES] shall be settled in between PACT and the following manner: 16.2FAA. In the first instanceevent that a dispute or difference touching on the terms of this Agreement, or those of an engagement or engagements under it, arises between PACT and the parties will attempt FAA, either party to the dispute or the difference shall, within twenty eight days of its cause having arisen, invoke the following procedure: a) The matter shall be referred to a representative(s) of PACT and a full time official(s) of the FAA senior to those between whom the dispute has arisen, who shall, in consultation with those concerned, make every endeavour to resolve the matter in dispute at the workplace by discussions between the employee(s) concerned and the relevant supervisor. The employee may appoint another person to represent them including a union delegate. a). Any such appointed employee representative may interview the employee(s) concerned and the supervisor. This appointed employee representative shall have reasonable access to resources (including photocopier, telephone for use of local calls only, fax machine and notice board) to perform their roleit. b). Any employee involved in the dispute procedure steps may be released on either unpaid or paid time at the discretion of the Company. 16.2.1. If ) Failing such discussions do not resolve the matter in dispute, resolution within seventy two hours the parties will arrange further discussions involving more senior levels shall follow the procedure laid down in paragraphs (c) and (d) of management as appropriate. The employee may invite a representative, including the union organiser, to be involved in the discussionsSub Clause 19.1 above. 16.2.2. The union (and its representatives) is capable of being a party to a dispute if it has a member who it is entitled to represent and that member is or will be affected by the dispute; or if the union is covered by the enterprise agreement and ‘is entitled to the benefit of, or has a role or responsibility with respect to’ the matter in dispute. 16.2.3. If the matter in dispute remains unresolved, the employer may refer it to a more senior level of management. The employee may invite a representative, including a more senior union official, to be involved in the discussions. The provisions of this sub-clause need not apply unless either party requests otherwise. 16.2.4. If the matter in dispute is unable to be resolved at the workplace, and all agreed. 16.2.5. Steps for resolving it have been taken, either party may refer the dispute to FWC for conciliation and, if necessary, arbitration. The parties agree that FWC shall be able to exercise whatever functions and/or powers it considers necessary to conduct any arbitral process and

Disputes Procedure. 16.1. Any dispute or claim (whether any such dispute or claim arises out of the operation of 37.1 The parties to this Agreement commit themselves to ensure they comply with the following principles: (1) the parties undertake to resolve any grievances, or notindustrial disputes on the basis of goodwill, consultation, discussion, open communication and disclosure of all relevant facts; (2) as to the wages or conditions of employment of all grievances must be properly investigated and potential disputes receive fair, prompt and careful attention and consideration; (3) any of the employees covered by this Agreement including disputes dispute arising out of National Employment Standards [NES] employment shall be settled in referred by the following manner: 16.2. In the first instance, the parties will attempt to resolve the matter in dispute at the workplace delegate representative appointed by discussions between the employee(s) concerned for this purpose to the appropriate Company representative (appointed by the Company); (4) failing settlement at this level between the Company and the relevant supervisor. The employee may appoint another person to represent them including a union delegate. a). Any such appointed employee representative may interview the employee(s) concerned and the supervisor. This appointed employee representative shall have reasonable access to resources (including photocopier, telephone for use of local calls only, fax machine and notice board) to perform their role. b). Any employee involved in the dispute procedure steps may be released on either unpaid or paid time at the discretion of the Company. 16.2.1. If such discussions do not resolve the matter in dispute, the parties will arrange further discussions involving more senior levels of management as appropriate. The employee may invite a representative, including the union organiser, to be involved in the discussions. 16.2.2. The union (and its representatives) is capable of being a party to a dispute if it has a member who it is entitled to represent and that member is or will be affected by the dispute; or if the union is covered by the enterprise agreement and ‘is entitled to the benefit of, or has a role or responsibility with respect to’ the matter in dispute. 16.2.3. If the matter in dispute remains unresolved, the employer may refer it to a more senior level of management. The employee may invite a representative, including a more senior union official, to be involved in the discussions. The provisions of this sub-clause need not apply unless either party requests otherwise. 16.2.4. If the matter in dispute is unable to be resolved at the workplace, and all agreed. 16.2.5. Steps for resolving it have been taken, either party delegate may refer the dispute within a reasonable time to FWC for conciliation and, if necessary, arbitrationthe Union organiser who will take the matter up with the Company. The parties agree that FWC All reasonable efforts shall be able made by the Company and the Union organiser to exercise whatever functions settle the matter, but failing settlement, the Union organiser shall refer the dispute to the Union secretary who shall take the matter up with the Company or the Company’s nominated representative; (5) at any time either party shall have the right to notify the dispute to the Industrial Registrar of the Commission; (6) during the dispute resolution process, work continues normally and the Company continues to trade without interruption from industrial stoppages, bans and/or powers it considers necessary limitations, whilst the procedure above is put into effect, except in circumstances where an employee holds a reasonable concern about an imminent risk to conduct his or her health or safety. Subject to any arbitral process applicable occupational health and safety law, even if the employee has a reasonable concern about an imminent risk to his or her health or safety, the employee must not unreasonably fail to comply with a direction by the Company to perform other available work that is safe and appropriate for the employee to perform; and (7) no party shall be prejudiced, in relation to the final settlement of a dispute by the continuance of work in accordance with these principles. During discussions the status quo remains, subject to clause 37.1(1), and work shall proceed normally. “Status quo” shall mean the situation existing immediately prior to the dispute or matter giving rise to the dispute.

Disputes Procedure. 16.1The aim of this Disputes Procedure is to: Provide a mechanism to assist in the avoidance of grievances and/or disputes; and Enable all parties to deal with disputes that may arise expeditiously, without disruption to work, and without prejudice to any final settlement. Any In the event of a dispute or claim (whether grievance arising between the Company and any such dispute or claim arises out of Employee(s) to the operation interpretation of this Agreement Agreement, or not) as to the wages or conditions of employment of any of the employees covered by this Agreement including disputes anything arising out of National Employment Standards [NES] shall its operation, or any other industrial matter, and subject to the provisions of the Workplace Relations Act 1996 (Cth), the dispute or grievance must be settled dealt with in the following manner: 16.2a) The aggrieved Employee(s) will raise the issue with their immediate supervisor, who will take all necessary steps to resolve the issue. In If unresolved, the first instanceEmployee may refer the issue to the Relevant Project's senior site management, at which time the Employee may choose to be represented by any person. If still unresolved, the issue may be referred by the Company, Employee or their representative to the Australian Industrial Relations Commission for conciliation and/or arbitration. All parties agree to be bound by any findings of the AIRC as a result of the conciliation and/or arbitration referred to above. Any outcome determined in accordance with the above procedure cannot be inconsistent with the National Code of Practice for the Construction Industry, the Implementation Guidelines for the National Code of Practice for the Construction Industry or legislative obligations. If at any stage during the Disputes Procedure a settlement is reached, the parties will attempt to resolve must record it in writing. While the matter in dispute at the workplace by discussions between the employee(s) concerned Disputes Procedure is being followed work must continue as normal, and the relevant supervisorpre-dispute status quo maintained. The employee may appoint another person to represent them including a union delegate. a). Any such appointed employee representative may interview Where the employee(s) concerned and the supervisor. This appointed employee representative shall have reasonable access to resources (including photocopierDisputes Procedure is followed, telephone for use of local calls only, fax machine and notice board) to perform their role. b). Any employee involved in the dispute procedure steps may be released on either unpaid or paid time at the discretion of the Company. 16.2.1. If such discussions do not resolve the matter in dispute, the parties will arrange further discussions involving more senior levels of management as appropriate. The employee may invite a representative, including the union organiser, to be involved in the discussions. 16.2.2. The union (and its representatives) is capable of being a no party to a dispute if it has a member who it is entitled to represent and that member is or will be affected prejudiced as to the final settlement by the dispute; or if the union is covered by the enterprise agreement and ‘is entitled to the benefit of, or has a role or responsibility with respect to’ the matter in dispute. 16.2.3. If the matter in dispute remains unresolved, the employer may refer it to a more senior level continuance of management. The employee may invite a representative, including a more senior union official, to be involved in the discussions. The provisions of this sub-clause need not apply unless either party requests otherwise. 16.2.4. If the matter in dispute is unable to be resolved at the workplace, and all agreed. 16.2.5. Steps for resolving it have been taken, either party may refer the dispute to FWC for conciliation and, if necessary, arbitrationwork as normal. The parties agree that FWC shall act in good faith and without unreasonable delay. If any party fails or refuses to follow any step of this procedure, the non breaching party will not be able obligated to exercise whatever functions and/or powers it considers necessary continue through the remaining steps of the procedure, and may immediately seek relief by application to conduct any arbitral process andthe AIRC.

Disputes Procedure. 16.1. Any a) If a dispute or claim (whether any such relates to: i) a matter arising under this Agreement; or ii) the NES; this term sets out procedures to settle the dispute. b) An Employee who is a party to the dispute or claim arises out may appoint a representative for the purposes of the operation of procedures in this Agreement or not) as to the wages or conditions of employment of any term. A representative can include an authorised representative of the employees covered by this Agreement Union (including disputes arising out of National Employment Standards [NES] shall be settled in a Union site representative) if the following manner:Employee chooses. 16.2. c) In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the Employee or Employees and relevant supervisors and/or management. d) If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to Fair Work Commission. e) The Fair Work Commission may deal with the dispute in 2 stages: i) the Fair Work Commission will first attempt to resolve the matter in dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and ii) if the Fair Work Commission is unable to resolve the dispute at the workplace by discussions between the employee(s) concerned and the relevant supervisor. The employee may appoint another person to represent them including a union delegate. a). Any such appointed employee representative may interview the employee(s) concerned and the supervisor. This appointed employee representative shall have reasonable access to resources (including photocopier, telephone for use of local calls only, fax machine and notice board) to perform their role. b). Any employee involved in the dispute procedure steps may be released on either unpaid or paid time at the discretion of the Company. 16.2.1. If such discussions do not resolve the matter in disputefirst stage, the parties will arrange further discussions involving more senior levels of management as appropriate. The employee Fair Work Commission may invite a representative, including the union organiser, to be involved in the discussions.then: 16.2.2. The union (and its representatives) is capable of being a party to a dispute if it has a member who it is entitled to represent and that member is or will be affected by a. arbitrate the dispute; and b. make a determination that is binding on the parties. f) While the parties are trying to resolve the dispute using the procedures in this term: i) an Employee must continue to perform his or if the union is covered her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and ii) an Employee must comply with a direction given by the enterprise agreement Employer to perform other available work at the same workplace, or at another workplace, unless: i) the work is not safe; or ii) applicable occupational health and ‘safety legislation would not permit the work to be performed; or iii) the work is entitled not appropriate for the Employee to perform; or iv) there are other reasonable grounds for the Employee to refuse to comply with the direction. g) The parties to the benefit of, or has a role or responsibility with respect to’ the matter in dispute. 16.2.3. If the matter in dispute remains unresolved, the employer may refer it to a more senior level of management. The employee may invite a representative, including a more senior union official, agree to be involved bound by a decision made by Fair Work Commission in the discussions. The provisions of accordance with this sub-clause need not apply unless either party requests otherwiseterm. 16.2.4. If the matter in dispute is unable to be resolved at the workplace, and all agreed. 16.2.5. Steps for resolving it have been taken, either party may refer the dispute to FWC for conciliation and, if necessary, arbitration. The parties agree that FWC shall be able to exercise whatever functions and/or powers it considers necessary to conduct any arbitral process and

Disputes Procedure. 16.1(a) All sites depend on milk supplied for their ongoing viability and success. Any dispute or claim Similarly, milk suppliers depend on the Company and its employees for reliable and timely service. Due to the perishable nature of raw materials and product, it is essential that all sites maintain continuity of operations. (whether any such dispute or claim arises out b) The parties to this Agreement will, therefore, observe the following procedure for the avoidance of industrial disputes. (c) The objective of the operation procedure is to promote the resolution of this Agreement or not) as grievances and disputes by measures based on consultation, cooperation, communication, and common sense; to reduce industrial confrontation; and to avoid interruption to the performance of work and consequential loss of wages or conditions of employment of any of the employees covered by this Agreement including disputes arising out of National Employment Standards [NES] shall be settled in the following manner:and production. 16.2. (i) In the first instance, the parties will attempt to resolve the matter in dispute should be discussed at the workplace by discussions between the employee(s) concerned and the relevant supervisor. The employee may appoint another person to represent them including a union delegateLine Manager. a). Any such appointed employee representative may interview the employee(s(ii) concerned and the supervisor. This appointed employee representative shall have reasonable access to resources (including photocopier, telephone for use of local calls only, fax machine and notice board) to perform their role. b). Any employee involved in the dispute procedure steps may be released on either unpaid or paid time at the discretion of the Company. 16.2.1. If such discussions do not resolve the matter in dispute, the parties will arrange further discussions involving more senior levels of management as appropriate. The employee may invite a representative, including the union organiser, to be involved in the discussions. 16.2.2. The union (and its representatives) is capable of being a party to a dispute if it has a member who it is entitled to represent and that member is or will be affected by the dispute; or if the union is covered by the enterprise agreement and ‘is entitled to the benefit of, or has a role or responsibility with respect to’ the matter in dispute. 16.2.3. If the matter in dispute remains unresolved, the employer may refer it to a matter will be discussed at the workplace between the employee(s) concerned, the Union delegate and the relevant Line Manager. (iii) If the matter in dispute remains unresolved, the matter will be discussed between more senior level levels of management. The employee may invite a representativemanagement at that site, including a more the employee(s) and the Union Organiser. (iv) If the matter in dispute remains unresolved, the matter will be discussed between Regional Operations Managers or nominated senior union official, to be involved in manager and an appropriate senior official of the discussionsUnion. The provisions of this sub-clause need should occur within three (3) weeks. If discussions do not apply occur within three (3) weeks or the matter remains unresolved for three (3) weeks the dispute will move to the next stage of this procedure unless either party requests otherwisethere is agreement to extend this period. 16.2.4. (v) If the matter in dispute is unable to be resolved at remains unresolved, the workplaceCompany, and all agreed. 16.2.5. Steps for resolving it have been taken, either party the employee(s) or the Union may refer the dispute to FWC for conciliation the Fair Work Commission to deal with, using any of its powers including conciliation, and, if necessary, arbitration. (d) The Company, the employee(s) and the Union agree to abide by any decisions or orders made by the Fair Work Commission, subject to exercising any right of appeal. (e) Until the matter in dispute is determined, the status quo will prevail. The parties agree that FWC shall status quo is what was in place prior to the matter being in dispute. (f) A nominated employee representative may be able to exercise whatever functions and/or powers it considers necessary to conduct involved in any arbitral process andof the above steps. (g) In this clause, a matter in dispute can include the operation of this Agreement or the NES (including subsections 65(5) and 76(4) of the Fair Work Act).

Disputes Procedure. 16.1The aim of this procedure is to ensure that during the life of the Agreement, industrial grievances or disputes are prevented or resolved as quickly as possible at the level they occur in the workplace. Any When a dispute or claim (whether any such dispute or claim arises out of the operation of this Agreement or not) as to the wages or conditions of employment of any of the employees covered by this Agreement including disputes arising out of National Employment Standards [NES] shall be settled in grievance arises, the following mannersteps are to be followed: 16.2. Step 1 In the first instance, event that either the parties will Company or an employee or a group of employees has a grievance then there should be an attempt to resolve the grievance by the employee(s) and a Company representative conferring on the issue. If the matter in dispute at the workplace by discussions remains unresolved follow Step 2. Step 2 The matter is discussed between the employee(s) concerned (and the relevant supervisor. The employee may appoint another person to represent them including Union delegate if requested by either party) and a union delegate. a). Any such appointed employee representative may interview the employee(s) concerned and the supervisor. This appointed employee representative shall have reasonable access to resources (including photocopier, telephone for use of local calls only, fax machine and notice board) to perform their role. b). Any employee involved in the dispute procedure steps may be released on either unpaid or paid time at the discretion of the Company. 16.2.1. If such discussions do not resolve the matter in dispute, the parties will arrange further discussions involving more senior levels of management as appropriate. The employee may invite a Company representative, including the union organiser, to be involved in the discussions. 16.2.2. The union (and its representatives) is capable of being a party to a dispute if it has a member who it is entitled to represent and that member is or will be affected by the dispute; or if the union is covered by the enterprise agreement and ‘is entitled to the benefit of, or has a role or responsibility with respect to’ the matter in dispute. 16.2.3. If the matter in dispute remains unresolvedunresolved - follow Step 3. Step 3 The matter is discussed between the employee(s), the employer may refer it to Union delegate (or another person nominated by the employee where the employee is not a more senior level memb er of management. The employee may invite a representativethe Union), including a more senior union official, to be involved in the discussions. The provisions of this sub-clause need not apply unless either party requests otherwise. 16.2.4Company representative and the Site Manager. If the matter remains unresolved - follow Step 4. Step 4 The matter is referred to an Enterprise Consultative Committee meeting to see if it can assist in resolving the grievance or issue in dispute. If the matter remains unresolved - follow Step 5. Step 5 The union delegate shall advise the appropriate local official of the Union of the matter in issue (if the employee is not a union member - follow step 6). A conference on the matter will then be arranged between the Union and the Company representatives. If the matter remains unresolved - move to Step 7 while observing Step 6 The matter in dispute may be referred to the Industrial Relations Commission of NSW to conciliate in relation to the issue. If the issue is unable not resolved by conciliation, the Industrial Relations Commission of NSW shall deal with the issue by arbitration and its decision, subject to any rights of appeal that may exist under the Act, shall be resolved final and shall be accepted by the parties. In order to allow for a peaceful resolution of grievances, the parties agree that work shall continue as normal while this disputes procedure is being followed. Where a bona fide safety issue is involved, the employer and the appropriate safety authority must be notified concurrently or at least a bona fide attempt made to so notify that authority. During discussions the status quo shall remain and work shall proceed normally. Status quo shall mean the situation existing immediately prior to the dispute or matter giving rise to the dispute. The Company shall ensure that all practices applied during the operation of the procedure are in accordance with safe working practices and consistent with established and practice at the workplace, and all agreed. 16.2.5. Steps for resolving it have been taken, either party Notwithstanding anything set out above an employee may refer the dispute to FWC for conciliation personally process an individual grievance in accordance with these procedures and, if necessary, arbitration. The parties agree that FWC shall be able to exercise whatever functions and/or powers it considers necessary to conduct any arbitral process andthe employee desires have a union representative present.

Disputes Procedure. 16.1. Any (a) If a dispute or claim (whether any such dispute or claim arises out of the operation of about a matter arising under this Agreement or not) as to the wages or conditions of employment of any of NES, the employees covered by this Agreement including disputes arising out of National Employment Standards [NES] shall be settled parties agree that, in the following manner: 16.2. In the first instance, the parties they will attempt to resolve the matter in dispute at the workplace level, by discussions between the employee(s) concerned Employee and the relevant supervisorsupervisors and/or management. (b) Either party may appoint a representative for the purposes of the procedures in this clause. (c) The procedure to be followed is: (i) The Employee must contact their immediate supervisor and/or site manager and inform them of the concern. If required, the supervisor will arrange a meeting to discuss the matter further. The employee may appoint another person Employee must detail what their concern is and how it is impacting on them. The supervisor will provide a response to represent them including a union delegatethe matter raised. a(ii) If the Employee does not consider the matter to be resolved, they may request that the matter be further considered by relevant management. The supervisor will arrange a meeting with relevant management. The Employee will be asked to provide the reason(s) why they do not consider the matter to be resolved. The relevant management will provide a response to the matter. (iii) If the Employee still does not consider the matter to be resolved, they may request the matter be reviewed by the Company's general manager. The relevant management will arrange for the Employee to meet with the Company's general manager. During the meeting, the Employee must explain what their concern is, and why they do not consider the matter to be resolved. The Company's general manager will provide a response to the Employee. (d) If the matter remains unresolved at the conclusion of clause 4.8(c) above, either the Employee or the Company may refer the matter to the FWC for mediation or conciliation. (e) The FWC will attempt to resolve the dispute as it considers appropriate, by mediation or conciliation (including by private conference). Any such appointed employee During the mediation and conciliation process, the FWC has the power to dismiss a matter if the FWC forms the view that: (i) The application is trivial or frivolous; (ii) The matter is incapable of resolution within a timeframe the FWC considers reasonable; or (iii) The Employee or its representative may interview is acting unreasonably in failing to resolve the employee(s) concerned and the supervisor. This appointed employee representative shall have reasonable access to resources (including photocopier, telephone for use of local calls only, fax machine and notice board) to perform their roledispute. b). Any employee involved in the dispute procedure steps may be released on either unpaid or paid time at the discretion (f) Subject to all of the Company. 16.2.1. If such discussions do not resolve the matter in disputepreceding steps set out above having been completed, the parties will arrange further discussions involving more senior levels of management as appropriate. The employee FWC may invite a representative, including only proceed to arbitrate the union organiser, to be involved in the discussions. 16.2.2. The union (and its representatives) is capable of being a party to a dispute if it has determines by way of a member who preliminary hearing that there is a serious question to be tried (including the power to dismiss the matter or any part of it is entitled at the preliminary stage). (g) Any decision made by the FWC in relation to represent and that member is or the arbitration of the dispute will be affected binding on the Parties. (h) Any arbitrated decision by the disputeFWC is subject to the Parties exercising a right of appeal against the arbitrated decision of the FWC to the Full Bench of the FWC under the Act. (i) While the Parties are trying to resolve the dispute using the procedures in this clause: (i) The Employee must continue to perform his or her work as he or she would normally; or if the union is covered and (ii) The Employee must comply with any directions given by the enterprise agreement and ‘is entitled Company to perform other available work at the benefit ofsame workplace, or has a role or responsibility with respect to’ at another workplace. (iii) The status quo shall be maintained whilst the matter in above procedure is being followed. (j) Status quo shall mean the circumstances that prevailed immediately prior to any change that caused the dispute. 16.2.3. If the matter in dispute remains unresolved, the employer may refer it to a more senior level of management. The employee may invite a representative, including a more senior union official, to be involved in the discussions. The provisions of this sub-clause need not apply unless either party requests otherwise. 16.2.4. If the matter in dispute is unable to be resolved at the workplace, and all agreed. 16.2.5. Steps for resolving it have been taken, either party may refer the dispute to FWC for conciliation and, if necessary, arbitration. The parties agree that FWC shall be able to exercise whatever functions and/or powers it considers necessary to conduct any arbitral process and

Disputes Procedure. 16.110.1 A procedure for the avoidance of industrial disputes and Employee grievances shall apply to the Site. 10.2 The objective of the procedure shall be to promote the resolution of disputes / grievances by measures based on consultation, co-operation and discussion, to reduce the level of industrial confrontation and to avoid interruption to the performance of work and the consequential loss of production and wages. 10.3 Employees should obtain permission from their manager or supervisor prior to leaving their workstation when following this procedure. Any Such permission shall not be unreasonably withheld. (1) Procedures relating to grievances between individual Employees and Readymix (a) The Employee concerned is required to notify (in writing or otherwise) Readymix as to the substance of the grievance, request a meeting with Readymix 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 must be allowed for discussion at each level of authority. (d) At the conclusion of the discussion, Readymix must provide a response to the Employee’s grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy. (e) While a procedure is being followed, normal work must continue. (2) Procedures relating to disputes between all Employees and Readymix (a) A question, dispute or claim difficulty must initially be dealt with as close to its sources as possible, with graduated steps for further discussion and resolution at higher levels of authority. (whether b) Reasonable time limits must be allowed for discussion at each level of authority. (c) While a procedure is being followed, normal work must continue. 10.5 There shall be a commitment by the parties to achieve adherence to this procedure. This should be facilitated by the earliest possible advice by one party to the other of any such issue or problem which may give rise to a grievance or dispute. 10.6 Reasonable time limits shall be allowed for the completion of the various stages of the discussions. At least 7 days should be allowed for all stages of the discussions to be finalised. 10.7 Emphasis shall be placed on a negotiated settlement. However, if the negotiation process is exhausted without the dispute being resolved, the parties shall jointly or claim arises out individually refer the matter to the Commission for assistance in resolving the dispute. 10.8 In order to allow for the peaceful resolution of grievances and disputes, the parties shall be committed to avoid industrial action, including stoppages of work, lock-outs or any other bans or limitations on the performance of work, while the above procedure is being followed. 10.9 Readymix shall ensure that all practices applied during the operation of this Agreement or not) as to the wages or conditions of employment of any of the employees covered by this Agreement including disputes arising out of National Employment Standards [NES] shall be settled procedure are in the following manner: 16.2. In the first instance, the parties will attempt to resolve the matter in dispute accordance with its occupational health and safety obligations and consistent with established custom and practice at the workplace by discussions between the employee(s) concerned and the relevant supervisor. The employee may appoint another person to represent them including a union delegateSite. a). Any such appointed employee representative may interview the employee(s) concerned and the supervisor. This appointed employee representative shall have reasonable access to resources (including photocopier, telephone for use of local calls only, fax machine and notice board) to perform their role. b). Any employee involved in the dispute procedure steps may be released on either unpaid or paid time at the discretion of the Company. 16.2.1. If such discussions do not resolve the matter in dispute, the parties will arrange further discussions involving more senior levels of management as appropriate. The employee may invite a representative, including the union organiser, to be involved in the discussions. 16.2.2. The union (and its representatives) is capable of being a party to a dispute if it has a member who it is entitled to represent and that member is or will be affected by the dispute; or if the union is covered by the enterprise agreement and ‘is entitled to the benefit of, or has a role or responsibility with respect to’ the matter in dispute. 16.2.3. If the matter in dispute remains unresolved, the employer may refer it to a more senior level of management. The employee may invite a representative, including a more senior union official, to be involved in the discussions. The provisions of this sub-clause need not apply unless either party requests otherwise. 16.2.4. If the matter in dispute is unable to be resolved at the workplace, and all agreed. 16.2.5. Steps for resolving it have been taken, either party may refer the dispute to FWC for conciliation and, if necessary, arbitration. The parties agree that FWC shall be able to exercise whatever functions and/or powers it considers necessary to conduct any arbitral process and