Common use of Supplementary labour Clause in Contracts

Supplementary labour. The Parties recognise that the fluctuating requirements of the business necessitate the use of labour provided by external companies to supplement the Employee group. Supplementary labour is likely to be used to overcome requirements caused by these peaks in demand, skills shortages, specific Project requirements and situations when Employees take leave or are absent. From time to time, the Company will need to engage labour hire contractors to provide on hire workers to cover short term requirements. Such requirements may include absences due to leave, start-ups, peak workloads, emergencies and unforeseen shortages of labour. Whilst the Company may engage supplementary labour for a variety of reasons, the Company acknowledges that it is not its intention to use supplementary labour to undermine the terms and conditions of Employees under this Agreement. The use of supplementary labour will be reviewed at regular Meetings between the company and union representatives. The Consultative Committee will consult to monitor that: • Engagement of supplementary labour exceeding 10 weeks’ continuous service is reviewed; and • The necessity of maintaining existing supplementary labour is assessed (noting the Company’s intention is not to use supplementary labour to undermine the employment security of Employees). Where a labour hire contractor is engaged to provide on hire workers who perform work that would otherwise be performed by Employees, the Company will ensure that those workers are provided with all their lawful entitlements due in relation to their performance of work. Nothing in this clause requires, has the effect of requiring, or purports to require or have the effect of requiring; or permits, has the effect of permitting or purports to permit or have the effect of permitting a contravention of Part 3 – 1 of the Fair Work Act 2009 (Cth) which deals with general protections.

Supplementary labour. (a) Supplementary Labour will be available to cover excessive workloads caused by increases in work, projects and occupations, special programs or where a particular skill is not available. The Parties recognise that the fluctuating requirements provisions of the business necessitate the use this clause will only apply to supplementary labour engaged in respect of labour provided functions ordinarily performed by external companies to supplement the Employee group. V/Line employees. (b) Supplementary labour must be appropriately qualified to undertake the work required. (c) Supplementary Labour is likely to be used to overcome requirements caused by these peaks in demandprovide coverage during altered working conditions and not to reduce V/Line employee numbers. (d) During the engagement of Supplementary Labour, skills shortages, specific Project requirements no Employee of the same occupation who is willing and situations when Employees take leave or are absentable to transfer to this work will be declared surplus. From time to timeWhere practical, the Company training of existing employees that are available to be transferred will need be considered. (e) Training must be provided where the skill requirement is long term and the work is of sufficient volume to engage justify the training investment and retention of competence by the employee in the required skill. Supplementary labour hire contractors may be engaged while training of this nature is being undertaken. (f) Consultation with employees and the RTBU must occur prior to provide on hire workers to cover short term requirements. Such requirements may include absences the use of supplementary labour, except where consultation is not reasonably practicable due to leaveemergency or other urgent circumstance. (g) For the avoidance of doubt, start-ups, peak workloads, emergencies and unforeseen shortages of labournothing in this clause affects V/Line's obligations pursuant to clause 13. Whilst the Company may engage supplementary labour for a variety of reasonsIn other words, the Company acknowledges that it is not its intention to use supplementary labour to undermine driving of trains and performing of other train movements must be undertaken by V/Line Professional Locomotive Operating Grade Employees. (h) Where the terms and conditions of Employees under this Agreement. The use of supplementary labour hire is proposed, V/Line must first offer overtime to its’ employees. This requirement will not apply where: (i) it would not be reviewed at regular Meetings between operationally viable to cover the company and union representativeswork with overtime. The Consultative Committee cost of labour shall not be a factor in establishing the operational viability of covering the work with overtime; or (ii) generate risks to health and safety through fatigue. (i) Subclauses (f) and (h) will consult not operate to monitor that: • Engagement delay or generate additional costs in respect of supplementary labour exceeding 10 weeks’ continuous service is reviewed; and • The necessity of maintaining existing supplementary labour is assessed (noting the Company’s intention is project works undertaken by V/Line, including but not limited to use supplementary labour to undermine the employment security of Employees). Where a labour hire contractor is engaged to provide on hire workers who perform work that would otherwise be performed by Employees, the Company will ensure that those workers are provided with all their lawful entitlements due in relation to their performance of work. Nothing in this clause requires, has the effect of requiring, or purports to require or have the effect of requiring; or permits, has the effect of permitting or purports to permit or have the effect of permitting a contravention of Part 3 – 1 of the Fair Work Act 2009 (Cth) which deals with general protectionsrail occupations.

Supplementary labour. The Parties recognise that the fluctuating requirements of the business necessitate the use of labour provided by external companies to supplement the Employee group. Supplementary labour is likely to be used to overcome requirements caused by these peaks in demand, skills shortages, specific Project requirements and situations when Employees take leave or are absent. From time to time, the Company will need to engage labour hire contractors to provide on hire workers to cover short term requirements. Such requirements may include absences due to leave, start-ups, peak workloads, emergencies and unforeseen shortages of labour. Whilst the Company may engage supplementary labour for a variety of reasons, the Company acknowledges that it is not its intention to use supplementary labour to undermine the terms and conditions of Employees under this Agreement. The use of supplementary labour will be reviewed at regular Meetings between the company and union representativesConsultative Committee meetings. The Consultative Committee will consult to monitor that: • Engagement of supplementary labour exceeding 10 weeks’ continuous service is reviewed; and • The necessity of maintaining existing supplementary labour is assessed (noting the Company’s intention is not to use supplementary labour to undermine the employment security of Employees). Where a labour hire contractor is engaged to provide on hire workers who perform work that would otherwise be performed by Employees, the Company will ensure that those workers are provided with all their lawful entitlements due in relation to their performance of work. Nothing in this clause requires, has the effect of requiring, or purports to require or have the effect of requiring; or permits, has the effect of permitting or purports to permit or have the effect of permitting a contravention of Part 3 – 1 of the Fair Work Act 2009 ▇▇▇ ▇▇▇▇ (Cth) which deals with general protections.