Note 1 Clause Samples

Note 1. Where the development contract is a design and build contract, the on-costs are deemed to include the builder’s design fee element of the contract sum. The amount included by the builder for design fees should be deducted from the works cost element referred to above, as should other non-works costs that may be submitted by the builder such as fees for building and planning permission, building warranty, defects liability insurance, contract performance bond and energy rating of dwellings.

Note 1. An Additional Service may include services in both the design and the construction contract administration phases. Each blank should be filled with one of the following three choices: (i) “Included,” for a service included within the Basic Design Services Fee or Basic Construction Contract Administration Services Fee; (ii) lump sum a dollar amount for an agreed Additional Service not included in the Basic Design Services Fee or Basic Construction Contract Administration Services Fee; or (iii) “N/A” for a service not included in the Contract. Each dollar amount must be followed by an indication whether it is a fixed price lump sum (FP) or a guaranteed maximum price (GMP). Allowable reimbursable expenses for the selected Additional Services shall be included in the description of scope of work description. Reimbursable expenses are additional to a fixed price lump sum fee, but are included within a GMP.

Note 1. The Corporations Agreement 2002 as shown in this compilation is amended as indicated in the Tables below. Table of Instruments Corporations Agreement 2002 6 Dec 2002 6 Dec 2002 Corporations Amendment Agreement 2005 No. 1 Corporations Amendment Agreement 2017 No. 1 13 Oct 2005 29 Jun 2017 13 Oct 2005 29 Jun 2017 — Sch 2 and Sch 3 Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted underlining = whole or part not commenced or to be commenced Preamble am. 2017 No. 1

Note 1. A nurse who is transferred to a position outsize of the bargaining unit shall, subject to below retain, but accumulate, her seniority held at the time of the transfer. In the event the nurse is returned to a position the bargaining unit she shall be credited with the seniority held at the time of transfer and resume accumulation from the date of her return to the bargaining unit. In the event that a nurse is transferred out of the bargaining unit under (a) above for a specific or task which does not exceed a period of six (6) months or an academic year and is returned to a in the bargaining unit, she shall not suffer any loss of seniority, service or benefits. It is understood and agreed that a nurse may decline such offer to transfer and that the period of time referred to above may be extended by agreement of the parties.

Note 1. Substances carried in packages with a volume of not more than 3 m3 are exempted from Class 4.2 if, tested with a 10 cm sample cube at 120 °C, no spontaneous combustion nor a rise in temperature to over 180 °C is observed within 24 hours.

Note 1. “When the ball is not dead on obstruction and an obstructed runner advances beyond the base which, in the umpire’s judgement, the runner would have been awarded because of being obstructed, the runner does so at his/her own risk and may be tagged out. This is a judgement call.”

Note 1. To calculate the indicative annual salary rate for a 40 hour/week, 52 week/year employee, the hourly rate will be multiplied by 2,080. Note 2: To calculate the indicative annual salary rate for a 37.5 hour/week 52 week/year employee, the hourly rate will be multiplied by 1,950.

Note 1. For the purpose of overtime calculations, the working day shall be the twenty-four (24) hour period following the start of a regularly scheduled shift. Days off, Statutory and other authorized holidays shall be calculated on a similar basis using the starting time of the preceding regularly scheduled shift. It will be noted that the last day of a group of consecutive days off shall terminate at the start of the next regularly scheduled shift.

Note 1. An employee covered by Article 9.2 will be entitled to vacation on the basis outlined herein on his fourth or subsequent service anniversary date otherwise his vacation entitlement will be calculated as set out in Article 9.1. Any vacation granted for which the employee does not subsequently qualify will be deducted from the employee's vacation entitlement in the next calendar year. If such employee leaves the service for any reason prior to his next vacation, the adjustment will be made at time of leaving. 9.3 Subject to the provisions of Note 2 below, an employee who, at the beginning of the calendar year, has maintained a continuous employment relationship for at least 9 years, shall have his vacation scheduled on the basis of one working days’ vacation with pay for each 12 1/2 days worked, or major portion thereof, during the preceding calendar year, with a maximum of 20 working days; in subsequent years, he will continue vacation entitlement on the foregoing basis until qualifying for additional vacation under Article9.4. NOTE 2 An employee covered by Article 9.3 will be entitled to vacation on the basis outlined therein if on his tenth or subsequent service anniversary date otherwise, his vacation entitlement will be calculated as set out in Article 9.2. Any vacation granted for which the employee does not subsequently qualify will be deducted from the employee's vacation entitlement in the next calendar year. If such employee leaves the service for any reason prior to his next vacation, the adjustment will be made at time of leaving. 9.4 Subject to the provisions of Note 3 below, an employee who, at the beginning of the calendar year, has maintained a continuous employment relationship for at least 19 years shall have his vacation scheduled on the basis of one working days’ vacation with pay for each 10 days worked, or major portion thereof, during the preceding calendar year, with a maximum of 25 working days; in subsequent years, he will continue vacation entitlement on the foregoing basis until qualifying for additional vacation under Article 9.5.