Common use of No Precedent Value Clause in Contracts

No Precedent Value. This agreement has no precedent value and shall not be relied upon by either party in negotiations for enterprise agreements to apply to other parts of the CSR business. SIGNED IN AGREEMENT FOR AND ON BEHALF OF THE TRANSPORT WORKERS' UNION OF NEW SOUTH WALES SECRETARY WITNESS DATED SIGNED IN AGREEMENT FOR AND ON BEHALF OF CSR LTD. ▇▇▇▇▇ ▇▇▇▇▇ (WITNESS) Executive General Manager, PGH Bricks & Pavers DATED: NAME In accordance with subclause 17.1 of this agreement, the items listed below are available as local discussion points, but additional or replacement items may be raised by either party. 1. Early starts without overtime penalty, extra meal/crib breaks or meal money provided notified by end of work on previous day or shift, or where individual genuinely agrees to lesser notice. 2. Late starts on 2 hours notice without penalty for long distance or metro to country trips. 3. Ordinary hours of work may be worked on any combination of days in the week, including Saturday and Sunday, thus allowing for non-consecutive days off. 4. Early morning shift to apply as required, without majority employee vote. 5. Subject to compliance with Award regarding consecutive hours off duty, notification may be given by end of work on previous day or shift (or where individual genuinely agrees to lesser notice) of transfer between day work and shift work, or between shift rosters. 6. Meal/ crib breaks to be taken during natural work breaks, e.g. while queuing and/or during delays in loading/unloading activities. 7. Meal money not payable if notified by end of work on previous day or shift that at least two hours overtime to be worked on following day or shift, and in any event payable only once for each day/shift's overtime performed after completion of ordinary hours. 8. No higher duties payments on day unless higher function performed for two hours or more in total. 9. Option to discontinue RDO’s where either the operation concerned has twenty or fewer employees, fifteen or fewer vehicle, or for commercial reasons continuity of the operation would be prejudiced. 10. RDO or leave credits to be utilised at short notice (end of work on previous day or shift) in the event that sufficient work not available or able to be performed (e.g. inclement weather). 11. RDO’s need not apply where weekly ordinary hours are rostered over fewer than five days per week,

No Precedent Value. This agreement has no precedent value and shall not be relied upon by either party in negotiations for enterprise agreements to apply to other parts of the CSR Linfox business. SIGNED IN AGREEMENT FOR AND ON BEHALF OF THE TRANSPORT WORKERS' UNION OF NEW SOUTH WALES SECRETARY (SECRETARY) WITNESS DATED DATED: NAME: SIGNED IN AGREEMENT FOR AND ON BEHALF OF CSR EMPLOYEES (SIGNATURE) WITNESS DATED: NAME: SIGNED IN AGREEMENT FOR AND ON BEHALF OF LINFOX AUSTRALIA PTY. LTD. ▇▇▇▇▇ ▇▇▇▇▇ (WITNESS) Executive General Manager, PGH Bricks & Pavers DIVISIONAL GENERAL MANAGER WITNESS DATED: NAME NAME: In accordance with subclause 17.1 15(e) of this agreement, weekly wage rates shall be as set out below as on and from the dates indicated. Employees under the NSW Transport Industry (State) Award Classification At Commencement 24 June 2004 Grade One 573.80 602.50 Grade Two 593.90 623.60 Grade Three 607.80 638.20 Grade Four 619.80 650.80 Grade Five 651.00 683.60 Grade Six 658.90 691.80 Grade Seven 682.80 717.00 Grade Eight 731.20 767.80 In accordance with subclause 18(a) of this agreement, the items listed below are available as local discussion points, but additional or replacement items may be raised by either party. 1. Early starts without overtime penalty, extra meal/crib breaks or meal money provided notified by end of work on previous day or shift, or where individual genuinely agrees to lesser notice. 2. Late starts on 2 hours notice without penalty for long distance or metro to country trips. 3. Ordinary hours of work may be worked on any combination of days in the week, including Saturday and Sunday, thus allowing for non-consecutive days off. 4. Early morning shift to apply as required, without majority employee vote. 5. Subject to compliance with Award regarding consecutive hours off duty, notification may be given by end of work on previous day or shift (or where individual genuinely agrees to lesser notice) of transfer between day work and shift work, or between shift rosters. 6. Meal/ crib breaks to be taken during natural work breaks, e.g. eg while queuing and/or during delays in loading/unloading activities. 7. Meal money not payable if notified by end of work on previous day or shift that at least two hours overtime to be worked on following day or shift, and in any event payable only once for each day/shift's ’s overtime performed after completion of ordinary hours. 8. No higher duties payments on day unless higher function performed for two hours or more in total. 9. Option to discontinue RDO’s RDOs where either the operation concerned has twenty or fewer employees, fifteen or fewer vehicle, or for commercial reasons continuity of the operation would be prejudiced. 10. RDO or leave credits to be utilised at short notice (end of work on previous day or shift) in the event that sufficient work not available or able to be performed (e.g. eg inclement weather). 11. RDO’s RDOs need not apply where weekly ordinary hours are rostered over fewer than five days per week,, eg four day week or nine day fortnight. 12. No RDO accruals for extended paid sick leave periods, ie for periods in excess of five calendar days. 13. Spare days or shifts (eg arising when others on sick leave) to be flexibly covered on an hour for hour TOIL (time off in lieu) basis where practicable. 14. Late start through fault of employee to attract ordinary time rates for balance of normal duration of ordinary time period, providing work is available or continues, ie no wages recovery through undue overtime earnings. 15. Public holidays (excluding Christmas Day and Good Friday) may be worked without penalty payment, provided a day is granted in lieu, to be taken with annual leave. 16. Costs of licence fees and laundering of uniforms to be borne by employee. 17. Lower rates of pay and three to six months probation periods for agency labour. In accordance with subclause 18(c) of this agreement and subject to there being no inconsistency with the other terms of this agreement, the following matters are agreed at a local level between the parties: 1. Meal breaks are to be taken in accordance with relative legislation. Meal breaks may also be taken during periods of delay such as waiting to dock at delivery points, during delays in loading or unloading and vehicle breakdown. Meal breaks will be taken in conjunction with RTA breaks. 2. Redundancy and retrenchment is an absolute last resort where an employee cannot be reasonably allocated work at another contract or site. 3. Where there is a temporary shortage of work, employees may be temporarily redeployed to other contracts or sites without loss of ordinary time pay, or may be permitted to take accrued RDO's or annual leave. 4. Linfox will be under no restrictions regarding the introduction, deployment and utilisation of new technology (including hand-held terminals, truck monitoring devices and electronic seals) with employees fully co-operating in its use following appropriate training. 5. RDO's may be either taken as scheduled or worked. If worked at no penalty to Linfox, then by agreement with the employee concerned the RDO may be deferred (ie a day in lieu granted), banked and later taken with leave, or bought back to ordinary rates. 6. Meal and crib breaks will be taken by individual employees on a staggered basis as work permits. 7. Where required, employees will perform extraneous duties within their competence, including assisting stores and warehouse personnel in the loading and unloading of vehicles. 8. There will be no restrictive work practices inconsistent with award provisions. 9. Late start through fault of employee to attract ordinary time rates for balance of normal duration of ordinary time period, providing work is available or continues, ie no wages recovery through undue overtime earnings. 10. Trained vehicle operators may, by agreement, be required to operate forklift equipment in exceptional circumstances ie whereby no permanent Linfox forklift driver is available to assist in the ongoing vehicle utilisation. The intention is not to cause conflict with permanent Linfox or customer forklift operators. 11. It is the intention of Linfox to engage and maintain an appropriate full-time workforce, volume permitted company fleet will be utilised prior to the engagement of subcontractors. The use of subcontractors will generally be predicted on the basis of seasonal demand. 12. Work allocation is to be carried out by an appointed staff member bearing in mind the customer's requirements relating to the service levels at all times. The allocation and subsequent performance of work will be monitored and regularly reviewed by the Consultative Committee to ensure that employees are being treated equally. 13. Two way communication between vehicle operators and management is seen as fundamental to the success of this Enterprise Agreement. In this regard a site Consultative Committee is seen as an integral and important part of the organisation of work at the Enterprise Agreement. For this reason, it is imperative that members of the Committee are available with due notice to resolve matters of mutual interests, and that they carry out their duties in a responsible and timely manner. Both parties accept that certain information could be considered as commercially sensitive or subject to security restrictions. Every effort will be made by both parties to respect such considerations of confidentiality while making available as much information as possible. 14. A roster of annual and long service leave will be drawn up. At all times, flexibility must be maintained to accommodate marked fluctuations, customer requirements and personal needs. Management and employees will work together to ensure that no individual employee accumulates greater than 5 weeks untaken annual leave. A roster of weekend work will be drawn up. Saturday work will be offered to the driver who has completed the day shift for that week. Any Sunday work will be first offered to night shift driver that has worked the previous week. 15. In co-operation with the Linfox training programs drivers will be offered relief in other yards in higher- grade equipment if the opportunity is available. The basis of offer will be by merit providing that appropriate qualifications are held. The Company shall assist employees wishing to pursue higher qualifications. Also, the company will advertise by ways of notice boards all internal positions, which would be deemed as career progression, any employee with appropriate qualifications will be encouraged to apply. Appointments will be based on merit. 16. The parties agree that as part of this Enterprise Agreement the introduction of technology that improves customer services and operating efficiency may occur. Employees will co-operate to there fullest in embracing all aspects of future technology. In return, its introduction shall not be undertaken until the company has adequately trained employees in its effective use. 17. Vehicle operators agree to exercise prudent care in the safe custody and transfer/use of equipment and product entrusted to them. Employees acknowledge that Linfox is contractually bound to meet the cost of damaged stock for which it is deemed responsible. 18. Vehicle Operators agree to properly administer, complete and be responsible for the accuracy of details entered onto any/all forms issued by Linfox that are necessary for Linfox to fulfill its contractual or service requirements specified by Coca-Cola, and to monitor and record details relevant to the operation of its business. This includes but not restricted to the following: Clock on and off daily Time sheets (signed daily) Vehicle condition reports Accident reporting Odometer readings daily 19. Where required, employees will perform extraneous duties within their competence, including assisting warehouse personnel unloading of vehicles in our regional locations. In accordance with arrangements between Linfox and the customer, there will be no restrictive work practices inconsistent with award provisions. 20. Employees may only smoke in designated areas. 21. Company policy relating to accident damage, three (3) strike policy will be applied as per staff handbook and qualification record as covered in the induction process. 22. It is recognised that the taking of R.D.O.'s on a flexible basis is of benefit to Linfox, its vehicle operators and the customer. By mutual agreement, a vehicle operator may wish to sell a portion of his RDO hours back to the company at their current value. Each employee who uses this option must maintain a minimum of one (1) weeks RDO in his/hers RDO bank. 23. Normal starting times for employees on day shift will be 6:00am. Employees may be required to alter start times if required to meet customer allocation slots. 24. Normal starting hours for employees on afternoon shift will be 10:00pm. Employees may be required to alter start times if required to meet customer allocated time slots. 25. The parties to this Enterprise Agreement agree that in the event that the client can not use the services of Linfox relating to industrial disputes, breakdowns, etc, caused by them, that employees of Linfox agree to offset rostered days off and/or accrued leave entitlements and/or credit against future days off to cover the period. Prior to the above Linfox Management agree to investigate all possibilities of re- deploying employees on a temporary basis throughout other Linfox contracts on a voluntary basis, however if volunteers are not forthcoming work will be allocated using the last on first off rule. 26. It is agreed that where necessary to meet peak and/or short term customer service demands Linfox will be entitled to temporarily transfer vehicle operators employed in other contracts into the Coca-Cola contract and/or move Coca-Cola vehicle operators onto other contracts without financial loss. These transfer conditions shall include the reallocation of Linfox owned equipment, most importantly vehicles. Allocation of work outside of the Coca-Cola contract will be on a voluntary basis, however if volunteers are not forthcoming work will be allocated using the last on first off rule. 27. Redundancy and retrenchment is an absolute last resort where an employee cannot be reasonably allocated work at another site. 28. Management and employees recognise the importance to maintain a harmonious workplace. It is agreed that the local issues are an important part of this process and that management and employees must work to this code. 29. Smoking will be permitted only in designated areas. 30. Drivers shifts between day and afternoon/night will be split at one week about. 31. Shift allowances will be paid on both shifts at 15% on normal time (this provision shall apply to the two employees engaged to perform linehaul duties at the date of commencement of this agreement. In the event of additional drivers being employed subsequently, shift allowance shall be paid in accordance with the award.

No Precedent Value. This agreement has no precedent value and shall not be relied upon by either party in negotiations for enterprise agreements to apply to other parts of the CSR Linfox business. SIGNED IN AGREEMENT FOR AND ON BEHALF OF THE TRANSPORT WORKERS' UNION OF NEW SOUTH WALES SECRETARY WITNESS DATED SIGNED IN AGREEMENT FOR AND ON BEHALF OF CSR LTD. ▇▇▇▇▇ ▇▇▇▇▇ (WITNESS) Executive General Manager, PGH Bricks & Pavers DATED: NAME In accordance with subclause 17.1 15(e) of this agreement, weekly wage rates shall be as set out below as on and from the dates indicated. Employees under the NSW Transport Industry (State) Award In accordance with subclause 18(a) of this agreement, the items listed below are available as local discussion points, but additional or replacement items may be raised by either party. 1. Early starts without overtime penalty, extra meal/crib breaks or meal money provided notified by end of work on previous day or shift, or where individual genuinely agrees to lesser notice. 2. Late starts on 2 hours notice without penalty for long distance or metro to country trips. 3. Ordinary hours of work may be worked on any combination of days in the week, including Saturday and Sunday, thus allowing for non-consecutive days off. 4. Early morning shift to apply as required, without majority employee vote. 5. Subject to compliance with Award regarding consecutive hours off duty, notification may be given by end of work on previous day or shift (or where individual genuinely agrees to lesser notice) of transfer between day work and shift work, or between shift rosters. 6. Meal/ crib breaks to be taken during natural work breaks, e.g. eg while queuing and/or during delays in loading/unloading activities. 7. Meal money not payable if notified by end of work on previous day or shift that at least two hours overtime to be worked on following day or shift, and in any event payable only once for each day/shift's ’s overtime performed after completion of ordinary hours. 8. No higher duties payments on day unless higher function performed for two hours or more in total. 9. Option to discontinue RDO’s 's where either the operation concerned has twenty or fewer employees, fifteen or fewer vehicle, or for commercial reasons continuity of the operation would be prejudiced. 10. RDO or leave credits to be utilised at short notice (end of work on previous day or shift) in the event that sufficient work not available or able to be performed (e.g. eg inclement weather). 11. RDO’s RDOs need not apply where weekly ordinary hours are rostered over fewer than five days per week, eg four day week or nine day fortnight. 12. No RDO accruals for extended paid sick leave periods, ie for periods in excess of five calendar days. 13. Spare days or shifts (eg arising when others on sick leave) to be flexibly covered on an hour for hour TOIL (time off in lieu) basis where practicable. 14. Late start through fault of employee to attract ordinary time rates for balance of normal duration of ordinary time period, providing work is available or continues,

No Precedent Value. This agreement has no precedent value and shall not be relied upon by either party in negotiations for enterprise agreements to apply to other parts of the CSR Linfox business. SIGNED IN AGREEMENT FOR AND ON BEHALF OF THE TRANSPORT WORKERS' UNION OF NEW SOUTH WALES SECRETARY WITNESS DATED SIGNED IN AGREEMENT FOR AND ON BEHALF OF CSR LTD. ▇▇▇▇▇ ▇▇▇▇▇ (WITNESS) Executive General Manager, PGH Bricks & Pavers DATED: NAME In accordance with subclause 17.1 15(e) of this agreement, weekly wage rates shall be as set out below as on and from the dates indicated. Employees under the NSW Transport Industry (State) Award In accordance with subclause 18(a) of this agreement, the items listed below are available as local discussion points, but additional or replacement items may be raised by either party. 1. Early starts without overtime penalty, extra meal/crib breaks or meal money provided notified by end of work on previous day or shift, or where individual genuinely agrees to lesser notice. 2. Late starts on 2 hours notice without penalty for long distance or metro to country trips. 3. Ordinary hours of work may be worked on any combination of days in the week, including Saturday and Sunday, thus allowing for non-consecutive days off. 4. Early morning shift to apply as required, without majority employee vote. 5. Subject to compliance with Award regarding consecutive hours off duty, notification may be given by end of work on previous day or shift (or where individual genuinely agrees to lesser notice) of transfer between day work and shift work, or between shift rosters. 6. Meal/ crib breaks to be taken during natural work breaks, e.g. eg while queuing and/or during delays in loading/unloading activities. 7. Meal money not payable if notified by end of work on previous day or shift that at least two hours overtime to be worked on following day or shift, and in any event payable only once for each day/shift's ’s overtime performed after completion of ordinary hours. 8. No higher duties payments on day unless higher function performed for two hours or more in total. 9. Option to discontinue RDO’s 's where either the operation concerned has twenty or fewer employees, fifteen or fewer vehicle, or for commercial reasons continuity of the operation would be prejudiced. 10. RDO or leave credits to be utilised at short notice (end of work on previous day or shift) in the event that sufficient work not available or able to be performed (e.g. eg inclement weather). 11. RDO’s need not apply where weekly ordinary hours are rostered over fewer than five days per week,