Hanson Construction Materials Pty Ltd and South East Queensland Transport Agitator and Tipper Drivers Certified Agreement 2006-2008

Deputy President Swan

27 March 2006

This matter coming on for hearing before the Commission on 09 March 2006 the Commission certifies the following written agreement :

Hanson Construction Materials Pty Ltd and South East Queensland Transport Agitator and Tipper Drivers Certified Agreement 2006-2008 - CA/2006/97 [as amended] .

Made between:

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

Industrial Relations Act 1999 - s . 156 - certification of an agreement

Matter No. CA12006197

CERTIFICATE

Transport Workers' Union of Australia, Union of Employees (Queensland Branch) ; and Hanson Construction Materials ACN 009 679 734.

The agreement was certified by the Commission on 09 March 2006 and shall operate from 09 March 2006 until its nominal expiry on 31 December 2008 .

This agreement replaces Pioneer Construction Materials Pty Ltd and South East Queensland Transport Operations Agitator and Tipper Transport Drivers Certified Agreement 2003 - 2005 CA 130/2003 .

HANSON CONSTRUCTION MATERIALS PTY LTD

SOUTH EAST QUEENSLAND TRANSPOIRT

OPERATIONS

AGITATOR & TIPPER DRIVERS

CERTIFIED AGREEMENT 2006-2008

Application for Certification of Agreement.

This agreement is made in pursuance of the Industrial Relations Act 1999 (Old), on

. Hanson Construction Materials Pty

Ltd witnessed that it is mutually agreed as follows .

Arrangement of Agreement .

Part 2

TERMS AND CONDITIONS OF EMPLOYMENT

FINAL 30/1/2006

Employment Selection Criteria 2.1 Employment Notification . 2.2 Termination . 2 .3 Counselling and Warning Procedures . 2 .4 Anti Discrimination . 2 .5 Alternate Employment 2 .6 Structural Efficiency . 2.7 Training and Education 2.8 Multi Skilling . 2.9

Subiect Matter Clause No.

Part 1 PRELIMINARY

Title . 1 .1 Agreement Coverage 1 .2 Date of Operation . 1 .3 Agreement Posting . 1 .4 Relationship to Award 1 .5 Agreement Objective 1 .6

FINAL 30/1/2006

Part 3 DEFINITIONS, WAGES AND OTHER BENEFITS

Definitions _ . 3 .1 Wages 3.2 Payment of Wages . 3.3 Allowances . 3.4 Superannuation 3 .5

Part 4 HOURS OF WORK AND OVERTIME

Hours of Work 4.1 Rostered Day Off . 4.2 Start Time 4.3 Shift Work . 4 .4 Overtime 4 .5 Rest Period . 4 .6 Statutory Rest Breaks 4 .7 Meal Break . 4.8

Part 5 LEAVE

Statutory Holidays 5 .1 Annual Leave 5 .2 Sick Leave 5 .3 Long Service Leave . 5 .4 Parental Leave 5.5 Bereavement Leave 5.6

Part 6 NO EXTRA CLAIMS 6 .0

Part 7 MISCELLANEOUS PROVISIONS

Uniforms _ 7 .1 Personal Protective Equipment . 7 .2 Allocation of and Professional Use of Equipment 7 .3 Tools . 7.4 Destruction of Property 7.5 Performance of Incidental and Peripheral Tasks 7.6 Disputes Settlement Procedures . 7.7 Transport Workers Union Matters . 7 .8

Part 8 SIGNATURES 8.0

Clause 1 .1

Title

This Agreement shall be titled Hanson Construction Materials Pty Ltd and South East Queensland Transport Agitator and Tipper Drivers Certified Agreement 2006-2008 .

Clause 1 .2

Agreement Coverage

This Agreement shall apply to: "

Hanson Construction Materials Pty Ltd ("Hanson") "

South East Queensland (Brisbane Metro and Gold Coast) Transport Agitator and Tipper Drivers employed by Hanson

"

Transport Workers' Union of Australia

Clause 1 .3

Date of Operation

This Agreement shall come into force on the date it is certified and will remain in force until 31 st December 2008 . This Agreement shall be subject to review based on the operational requirements of the business enterprise and may be altered by the mutual agreement of the parties to this Agreement .

Clause 1 .4

Agreement Posting

PART 1 - PRELIMINARY

On commencement of this Agreement a copy will be provided to each appropriate employee. Thereafter a copy will be held at the Transport office and made available to drivers as necessary.

Clause 1 .5

Relationship to Award

This Agreement is to be read in conjunction with the Southern Transport Distribution and Courier Industry Award . To the extent of any inconsistency this Agreement prevails over any applicable award provision . Where this Agreement is silent the relevant award shall prevail .

Clause 1 .6

Agreement Objective

FINAL 3011/2006

page 3

The parties to this Agreement represent a commitment to a flexible work ethic to maximise the effectiveness of the business by striving for positive outcomes to the benefit of all stakeholders through the provision of personal skills involving excellent customer service, continuous improvement to Hanson business development, team development, commitment to Hanson Risk Management policies and procedures, to maximise the efficiency and performance of our Transport operations .

PART 2 - TERMS AND CON DITIONS OF EMPLOYMENT

Clause 2 .1

Employment Selection Criteria

page 4

2 .1 .1

Hanson will initially engage all employees for a probationary period of three months for the purpose of determining the employee's suitability for ongoing employment with Hanson Construction Materials .

2 .1 .2

During the probationary period, either party may give notice to the other of termination of employment, provided that each party will give a minimum of one week's notice .

2.1 .3

The engagement of any permanent employee will not proceed until the driver has achieved the nominated criteria to become a Hanson approved driver .

2 .1 .4

This criteria involves relevant competency skills for the applied position and provision of the following : "

experience in the operation of agitators and/or quarry tippers "

copy of current driver's license "

copy of current Qld Transport Driving history "

knowledge of local traffic routes "

literacy skills "

personal presentation "

customer service skills

2.1 .5

Prospective employees must complete a medical examination, including drug and alcohol testing to determine suitability for the applied position .

2 .1 .6

Both parties agree that Hanson's Anti Discrimination and Equal Opportunities Policies will form the basis of employment selection .

Clause 2 .2

Employment Notification

All permanent employees shall on or subsequent to engagement be provided with a written Contract of Employment containing the following information :

(a)

type of engagement (b)

classification level (ie . Tipper or Agitator) (c)

hours of work (d)

rate of pay (e)

date of commencement of employment (f)

three month probationary period and review period (g)

other specific conditions of employment including : "

compliance with the contents of this Agreement "

compliance with Hanson policies including but not limited to Occupational Health and Safety, etc .

(h)

receipt of copy of this Agreement.

FINAL 301112006

Clause 2 .3

Termination (except Redundancy)

2.3 .1

One weeks notice in writing given by either party to the other is the minimum requirement of notice . Hanson has the discretion to pay an employee in lieu of notice or require the notice to be worked out where the needs of the business so require .

2 .3 .2

In the case of drunkenness or an employee found to be in possession or under the influence of illegal drugs, the Hanson Company Policy relating to these issues will be followed .

2 .3 .3

In the case of dishonesty, refusal of duty, neglect or misconduct, the employee may be terminated without notice. In such cases the employee is to be paid all entitlements in accordance with this Agreement at the time of termination .

2 .3 .4

In all cases of termination, payments shall be made as soon as possible after the termination date .

Clause 2 .4

Counselling and Warning Procedures

2 .4 .1

Where disciplinary action is to be taken against a driver the relevant issues and facts will be discussed, with appropriate action determined, through consultation between the parties .

2 .4 .2

When a serious incident occurs and requires immediate attention, either party will inform the other as soon as practically possible, to ensure a speedy resolution .

2.4.3

Appropriate action may involve but not be limited to : (a)

Hanson counselling procedures (b)

Hanson warning procedures (c)

Additional nominated training (d)

Monitoring of future performance

page 5

(e)

Should an employee have previously received two warning letters, the employee may be terminated . Hanson has sole discretion (dependant on the severity of the warning) to downgrade previous letters of warning after a 12 month period .

2 .4 .4

The following counselling and warning procedure will apply to all employees covered by this Agreement :

(a)

When a misdemeanour occurs the employee will be formally counselled and warned, which may take place in the presence of a witness at the discretion of either party . This counselling or warning need not be in writing, however a record of warning and/or counselling will be noted upon the employee's personnel records .

(b)

Retraining of the employee may be required at the discretion of Hanson . Should the employee's performance not improve through the additional training given, and/or if the misdemeanour

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(c)

Following one verbal and two written warnings, at the discretion of Hanson, the employee may be terminated .

(d)

Where an employee has committed an act which directly affects a customer in a negative way, then this will be regarded as serious misconduct which may, depending upon its seriousness, result in termination .

(e)

Where an employee has failed to comply with Hanson company policy, procedure or work method, then the matter will be dealt with on its merits depending on the seriousness of the non compliance issue concerned .

Clause 2 .5

Anti Discrimination

continues and/or other misdemeanours occur, a formal warning will be given to the employee .

Hanson Construction Materials Pty Ltd has a policy of equal employment opportunity . This policy requires all decisions to be made in employment matters on the basis of equal opportunity .

Notwithstanding the above, skills and merit of the individuals will always be the basis of all decisions at all times.

Clause 2 .6

Alternate Employment

No redundancy or severance payment including payment in lieu of notice is payable in circumstances where similar alternative employment is arranged by the employer, either within the Hanson group or with any other employer, provided that :

the terms and conditions offered by the proposed new employer are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with Hanson ; and

(b)

the proposed new employer recognises the period of continuous service which the employee had with Hanson to be continuous service with the new employer.

Clause 2 .7

Structural Efficiency

The parties are committed to the review of the terms of this Agreement so that it provides working arrangements compatible with the operational needs of the enterprise .

Any proposed changes to this Agreement must be discussed with all relevant parties who will endeavour to reach agreement regarding any proposal .

FINAL 30/1/2006

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Clause 2 .8

Training and Education

2 .8 .1

Training and education is not limited to equipment operation, but may also include training in Hanson Policies and Procedures, Customer Service, Occupational Health and Safety, Environmental, Hazard Identification, NHVAS, First Aid Certification, etc .

2.8 .2

The parties will co-operate in ensuring that appropriate training and cross skilling is available (as required by Hanson) and that such training will be provided at the expense of Hanson . Hanson also agrees to co operate in encouraging all employees to avail themselves of the benefits of such training .

2 .8 .3

For training undertaken either on or off the job, provided that where training is undertaken during ordinary hours, the employee shall not suffer any loss of ordinary pay.

2 .8 .4

Where on and off the job training, education or information dissemination is required by Hanson, an employee attending such training programmes shall be entitled to paid training time . Where training is required outside ordinary working hours (Monday to Friday inclusive) these additional hours shall be paid at the applicable ordinary time rate, with a maximum of 30 hours per employee per annum .

Hours of training in excess of the above shall be paid at the appropriate applicable overtime rate . Every effort will be made by Hanson to limit the exposure of employees to overtime hours .

2 .8 .5

Employees nominated by Hanson shall be entitled to an $8 .80 per day training allowance to train potential new drivers .

Clause 2.9

Multi-Skilling

page 7

In recognition of the operational efficiency requirements of Hanson, and to create a more varied work opportunity, it is a condition of employment that employees perform duties and functions for which the employee has the skills and training, subject to the operational need of the business at the time .

Part 3 DEFINITIONS, WAGES AND OTHER BENEFITS

Clause 3.1

Definitions

3 .1 .1

"Skills" shall mean the functional skills required to perform duties within Hanson's Brisbane Metro and Gold Coast Transport operations . (a)

Concrete Agitator operator (b)

Quarry Tipper operator

3 .1 .2

"Concrete Agitator Operator" will encompass all requirements in relation to and associated with providing excellent customer service in the mixing and delivery of Hanson's concrete products which includes

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3.1 .3

Clause 3.2 Wages

page 8

personal accountability and compliance with Company policies and/or work methods as updated from time to time .

"Quarry Tipper Operator" will encompass all requirements in relation to and associated with providing excellent customer service in the loading and delivery of Hanson's quarry products which includes personal accountability and compliance with Company policies and/or work methods as updated from time to time.

3.2 .1

Under the terms of this Agreement, permanent employees shall be paid the following rates of pay per 38 hour week:

3 .2 .2

Casual or part time employees will be paid at the casual rate under the relevant award and are not covered by this Agreement.

Clause 3 .3

Payment of Wages

All wages shall be calculated on a weekly basis on actual hours of work including any overtime worked during that period . Wages will be paid by Electronic Funds Transfer (EFT) on the nominated pay day into a bank account or account of some other major financial institution as provided by the employee .

Clause 3.4

3 .4 .1

3.4.2

Allowances

First Aid - where an employee who is the holder of the appropriate certificate is appointed by Hanson as a designated First Aid Attendant, the employee shall be paid (in addition to the wage rate) $9.30 per week. This allowance does not apply when the employee, for what ever reason, is not on duty .

Travelling, Accommodation and Additional Payments - Where an employee is unable to reach their home at night, Hanson will provide the necessary accommodation and meals as required .

FINAL 30/1/2006

' Base Rate 38 hour week (as at 1-1-2006)

Base Rate 38 hour week (as at 1-1-2007)

Base Rate 38 hour week (as at 1-1-2008)

Agitator $641 .90 $664.36 $684.30 Operator Grade 5 $16.8921 hr $17.483 / hr $18.008 / hr

Tipper $653.96 $676.85 $697.16 Operator Grade 6 $17.209 I hr $17.812 I hr $18.346 / hr

3.4.3

Shift Allowance - Employees engaged in night shift work will be paid an allowance of $9 .70 (or as varied from time to time) per shift worked in addition to the wage rate . This does not apply to any work performed on a Saturday and/or Sunday or public holidays .

3.4.4

Meal Allowance & Crib Break

page 9

Should an employee be required to commence work on a day at a depot other than the employee's usual depot, any expenses incurred in travelling shall be reimbursed by Hanson at $0.42 per km per additional kilometre distance over and above normal distance of travel .

Any employee not having a usual depot shall travel to the required location without reimbursement by Hanson .

Monday to Friday (inclusive)

(a)

An employee who is required to perform duties for more than 2 hours on any day beyond the normal finishing time shall receive in addition to overtime rates, payment of one half hour ordinary time (crib break) plus a meal allowance of $9 .60 (or as varied from time to time) .

(b)

An employee who is required to perform duties for more than 4 hours on any day beyond the normal finishing time shall receive in addition to overtime rates, an additional payment of one half hour ordinary time (crib break) plus an additional meal allowance of $9.60 (or as varied from time to time) .

Saturday

Should an employee be required to perform duties for more than 1 hour beyond 8 hours from commencement time, the employee shall receive in addition to overtime rates a meal allowance of $9.60 (or as varied from time to time) .

Clause 3 .5 Superannuation

Superannuation will be paid pursuant to the Superannuation Guarantee Charge Act 1992 .

An employee may elect to enter into a written agreement with Hanson to salary sacrifice part of their wages due under this Agreement from time to time for the purpose of superannuation contributions into their Superannuation Fund . This may only apply for so long as the Australian Tax Office permits these types of arrangements .

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Clause 4 .1

Hours of Work

Clause 4.2

Rostered Day Off

Part 4 HOURS OF WORK, OVERTIME

page 1 0

4.1 .1

The ordinary hours of work shall be 38 hours per week worked on 5 consecutive days Monday to Friday inclusive .

4 .1 .2

This agreement allows for flexible start times at the discretion of Hanson, ie . there may be different starting times for different employees in the same workplace .

4 .1 .3

Starting times can be changed at short notice, subject to the needs of the business, ie . the end of the previous day's work or at 24 hours notice where there was no work the previous day.

The basis of the 38 hour ordinary week with provisions for the accumulation of 8 ordinary hours for a Rostered day off each month is as follows :

Monday- Friday:

8 Hours x 5 days less 2 hours RDO accumulation = 38 ordinary hours.

4 .2.1

At the conclusion of a four (4) week period, 8 hours has been accumulated allowing the employee a rostered day off with ordinary pay .

4 .2 .2

Hanson will nominate a specific day each month for every employee. Accumulation of rostered days is at the mutual discretion of both parties .

4 .2 .3

RDO's can be taken at short notice to coincide with wet weather, truck maintenance or breakdown by agreement between Hanson and the employee.

4 .2 .4

Consent to an employee request to vary their nominated rostered day will be subject to the needs of the business .

4 .2 .5

Any accumulated rostered days for the current year must be taken by 31 st December of that year.

Clause 4.3

Start Time

Monday to Sunday (inclusive)

4.3 .1

The normal start time for day workers under this Agreement is subject to operational requirements of the business .

4.3 .2

Subject to operational needs of the business the commencement time (Monday to Friday inclusive) may be altered by Hanson on a day to day basis by giving a minimum of 10 hours notice, provided that the normal hours Monday to Friday inclusive is commenced between the hours of 5.30 am and 7 .00 am.

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4 .3 .3

Time spent on duty prior to the spread of hours above shall be paid at the appropriate overtime rate .

4 .3 .4

Notwithstanding the above, in the circumstances of wet weather, whereby an employee cannot be gainfully employed for 8 hours from starting time, at the discretion of Hanson, the employee may be stood down prior to or at midday and any work performed shall be paid as ordinary time . Employees shall receive a minimum of 8 hours ordinary pay for that day.

Clause 4.4

Shift Work

Shift workers shall be allowed 30 minutes for a crib break during each shift of 8 ordinary hours to be taken by the employee at such time and in such manner as will not interfere with the continuity of work. Such crib break shall be regarded as part of the employees' ordinary working hours .

Clause 4.5

Overtime

Overtime is defined as hours worked Monday to Friday in excess of 8 hours per day, or any work performed on a Saturday or Sunday.

Subject to the needs of the business, Hanson has an expectation that employees covered by this Agreement are available to perform their duties on Saturdays as and when required . Should work be necessary on a Sunday this will be by agreement between Hanson and the relevant employees .

Hanson also recognises that on occasions some employees may not be available and expect that employees advise of their unavailability giving as much notice as possible . However, advice must be received before 12 .00 noon on the preceding Friday .

4.5.1

All overtime worked by day workers Monday to Friday inclusive, shall be paid at the rate of time and a half for the first 3 hours after which double time shall be paid.

4 .5 .2

Employees engaged to perform work on a Saturday and/or Sunday shall be paid a minimum of 4 hours at the appropriate overtime rates.

Saturday : first 3 hours, time and a half, balance of time at double time.

Sunday: All hours at double time .

Clause 4.6

Rest Period

In accordance with the State Transport Act, when overtime work is necessary:

Under no circumstances shall an employee recommence normal work duties prior to the 10 hour break period without prior written authorisation from the employee's Transport Manager.

Employees unable to recommence normal work duties at the scheduled starting time due to this provision will not suffer any loss of ordinary time wages.

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Clause 4.7

Statutory Rest Breaks

4 .7 .4

Breaks can be taken at the following times : "

Waiting to load at plant/quarry "

Waiting to unload "

In conjunction with meal breaks "

Vehicle breakdown

Clause 4.8

Meal Break

4.8 .3

All employees must actively seek to take a meal break.

Clause 5.1

Statutory Holidays

Part 5

LEAVE

FINAL 3011/2006

page 1 2

4 .7 .1

The taking of statutory rest breaks as required by Queensland Transport Legislation shall be the responsibility of the employee .

4 .7 .2

Heavy vehicle drivers are required to take a rest break of 30 minutes, which can be broken into 2 x 15 minute breaks, in any period of 5' /2 hours continuous work.

4 .7 .3

Breaks shall be taken at such time to suit continuity of work and in consultation with allocation staff. Sufficient notice must be given of intended breaks .

4.7 .5

Employees shall not remain in the drivers' seat of their vehicle whilst taking rest breaks .

4 .7 .6

Employees shall record the timing and duration of all breaks on the Driver's Daily Log Sheet .

4 .8 .1

All employees shall be entitled to an unpaid meal break of one half hour for a meal to be taken at a time to suit the continuity of work.

4.8.2

Where vehicles are waiting to either load and/or unload, employees are expected to take their meal break should time permit .

5.1 .1

All work performed on gazetted public holidays shall be paid at the rate of double time and a half, with a minimum of four (4) hours .

5.1 .2

Where there is an agreement between the employee and Hanson, other ordinary working days may be substituted for the statutory public holiday . Duties performed on the statutory day shall be at ordinary time pay.

5.1 .3

Good Friday and Christmas Day are statutory days that will not be worked or substituted .

Clause 5 .2

Annual Leave

Clause 5.3

Sick Leave

Clause 5.4

Long Service Leave

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5 .2 .1

All permanent employees covered by this Agreement shall be entitled to 20 ordinary working days annual leave at full pay at the completion of each year of employment .

5.2 .2

Employees shall be paid at the rate applicable to the class and category of the employee immediately prior to the taking of leave.

5.2 .3

Employees who terminate their employment before the completion of a full years' service shall be paid the accrued leave at termination .

5 .2 .4

Subject to the needs of the business Hanson may require an employee to take accrued leave in excess of 10 ordinary working days by giving a minimum of 30 days notice.

5 .2 .5

Where possible, leave can be taken by mutual agreement between the employee and Hanson .

5.2 .6

Annual leave applications must be requested on the "Personnel Change Notice/Application For Leave" form and are to be presented to the employee's immediate supervisor for assessment .

5.2 .7

Employee requests will be assessed and based upon the operational needs of the business and will not be unreasonably withheld .

5 .2 .8

Employees must seek and obtain approval for annual leave prior to committing to booking and paying for holidays .

5.3 .1

Where an employee is unable to report for duty on a day due to illness, the employee shall notify their immediate supervisor prior to the employee's scheduled starting time . This will enable the operational manager the opportunity to engage a substitute employee .

5 .3 .2

Any employee absent from duty on account of illness for a period of more than 8 ordinary hours will be required to produce evidence of the illness to the satisfaction of Hanson as a condition of payment for sick leave .

5.3 .3

Any employee absent from duty on the day immediately prior to or the day immediately after a public holiday will be required to produce evidence of the illness to the satisfaction of Hanson as a condition of payment for sick leave.

All permanent employees covered by this Agreement shall be entitled to Long Service Leave on full pay subject to and in accordance with the Industrial Relations Act 1999 (Qld) .

Clause 5 .5

Parental Leave

All permanent employees covered by this Agreement shall be entitled to the full provisions of the Family Leave Award.

Clause 5.6

Bereavement Leave

All permanent employees covered by this Agreement shall on the death of the employee's wife, husband, mother, father, mother-in-law, father-in-law, brother, sister, child, step-child, or such other close relative as Hanson may approve, be entitled to leave of 2 ordinary working days (including the day of the funeral) without loss of pay . Hanson may require such proof of death be furnished by the employee .

There shall be no further wage increases, nor shall there be any claims made by Hanson, the union or the employees whatsoever over the period of operation of this Agreement, except if the National Wage Case amends the award wages so that they exceed those in this Agreement.

All parties agree that there shall be no pursuit of any claim in relation to wages or conditions during the life of this Agreement and no protected industrial action to be taken in support of any claims whatsoever .

Clause 7.1

7 .1 .2

7 .1 .3

7.1 .4

7 .1 .5

Part 7 MISCELLANEOUS PROVISIONS

Uniforms

Part 6

NO EXTRA CLAIMS

FINAL 30/112006

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Uniforms are provided to employees upon the completion of 3 months continuous service . The uniform issue consists of the following and is to be issued annually : (a) up to 5 short or long sleeve shirts (or combination of) (b) up to 5 pair of shorts or long trousers (or combination of)

On every 2nd anniversary employment date, an approved winter jacket . Replacement shall be on an as required basis, ie . new for old .

On an as required basis, ie . new for old, 1 pair of approved steel cap boots .

Additional supply of uniforms may be purchased from Hanson by the employee at the company's purchase price .

Hanson may direct an employee to replace uniform items, which the company reasonably believes are no longer in an acceptable state, having regard to the profile and image of the company.

Clause 7 .2

Personal Protective Equipment

7.2.1

This equipment is provided and issued to all employees on commencement of employment, and consists of: (a) 1 pair of approved safety glasses (b) 1 pair of approved ear muffs (c) 1 approved hard hat (d) appropriate dust masks (e) appropriate high-visibility apparel

7 .2 .2

Replacement of such equipment will be the responsibility of Hanson, upon request from the employee, provided Hanson is satisfied that the employee has taken precautions to secure and maintain the issued equipment.

7.2 .3

Sun screen protection lotion is available at all Hanson depots and plants .

7 .2 .4

Hats of an approved type shall be issued upon request .

page 15

7.2 .5

All employees issued with uniforms are required to wear such official uniform at all times when on duty . Any employee reporting for duty "out of uniform" will be sent home in their own time to change .

7.2.6

All employees issued with personal protection equipment shall be required to wear and/or use such equipment as directed and as instructed .

7.2.7

All personal protection equipment will remain the property of Hanson and upon the employee's termination of employment, Hanson may require the return of such issued equipment prior to the employee receiving monies owing .

7 .2.8

The employee is to be neat and well presented in the official uniform and of professional appearance at all times when on duty .

Clause 7 .3

Allocation of and Professional Use of Equipment

7.3 .1

Hanson has a high public profile with many distinctively branded trucks on the road . Employees agree to maintain and enhance the public image of Hanson wherever possible . Employees agree to show a safe and courteous driving manner to other road users, plus ensure that trucks and equipment are presented in a clean and tidy condition .

7 .3 .2

It is a requirement of Hanson that all employees embrace the spirit of this Agreement to use and operate introduced technology in a manner as required and as directed . This may include but is not limited to on board vehicle monitoring systems, two way status controls, etc .

7 .3 .3

All employees shall be trained in the requirements of the National Heavy Vehicle Accreditation Scheme (NHVAS) and shall complete all such procedures and documentation as necessary under the requirements of NHVAS .

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7 .3 .4

All employees shall conduct daily pre-start and end of day checks and confirm this by completing and signing the relevant Driver's Daily Log Sheet for the employee's allocated equipment .

7 .3 .5

Any equipment fault shall be brought to the attention of the Transport Manager through the "Truck Fault Report" (TFR) system on a daily basis or as required .

7 .3 .6

Hanson has a NO SMOKING Policy which extends to include all company vehicles .

Clause 7.4

Tools

Hanson will supply tools as deemed necessary to perform the employed duties, except that of a qualified trades person who shall provide their own tools as a condition of employment.

Clause 7.5

Destruction of Property

7 .5 .1

Hanson will not charge or deduct any sum from wages of any employee in respect for accidental damage except in the case of wilful destruction of property .

7 .5.2

Hanson reserves the right to send employees to driver training courses where deemed appropriate .

Clause 7 .6

Performance of Incidental and Peripheral Tasks

Employees are to perform incidental and peripheral tasks in accordance with this Agreement .

7.6.1

Non expert, non skilled minor maintenance on allocated equipment, eg. changing of light globes, light lenses, mudflaps, fittings, etc .

7.6 .2

Non expert, non skilled yard and or depot tasks as required and as directed by a Company Manager, ie . Concrete Plant Production Manager, Quarry Manager, Quarry or Concrete Operations Manager, Transport Management personnel .

7 .6 .3

These tasks may include but are not limited to : "

hosing and or cleaning of the yard "

cleaning of the crib room and amenities "

clerical tasks "

mowing of grass "

assisting with the duties of Plant Batcher and/or Quarry Despatcher

"

general house keeping duties.

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Clause 7.7

Disputes Settlement Procedures

7 .7.9

It is agreed that every effort will be made to amicably resolve any dispute or grievance that may arise by direct negotiations and consultation between the parties to this agreement .

7.7 .2

The intention of the procedure is to facilitate the expeditious resolution of grievances at the work place level within the operating area .

7 .7 .3

The procedure may apply to a single employee or any number of employees .

7 .7 .4

The procedure in the event of a grievance or dispute shall be:

(a)

Any grievance or dispute shall be raised on that day with the employee's immediate supervisor .

(b)

If the matter cannot be resolved at this level, then the employee will discuss the issue of concern with the relevant Operation Manager and nominated driver representative within 48 hours of the grievance being raised .

If the matter cannot be resolved at this level, then the employee will discuss the issue of concern with the relevant Transport Manager and nominated driver representative within 72 hours of the grievance being raised .

(d)

If the matter continues to remain unresolved at this stage the issue may at the discretion of the parties be referred to representatives of the Employer and Employee for further advice and if necessary assistance to resolve the matter .

(e)

Work will continue normally free of any bans, limitations or stoppages while this dispute procedure is being followed, unless there is a genuine workplace Occupational Health and Safety issue . The parties will likewise respect the status quo while this procedure is being followed . It is agreed that no party will be prejudiced as to the settlement of the dispute in question by the continuance of work in accordance with this procedure.

Nothing in this clause makes it compulsory for an employee to be represented by anyone if he/she does not wish to be represented .

Clause 7.8

Transport Workers Union Matters

7 .8.9

Union Delegate I Trade Union Training

The four (4) elected union delegates/shop committee personnel within Hanson's operation are entitled to paid leave for the purpose of trade union / industrial training . Approval for such paid leave is subject to business requirements at the time and with mutual agreement between the parties to this Agreement .

FINAL 30/1/2006

page 17

7.8 .2

TWU Membership

Hanson recognises that employees have the right to be represented by the TWU under this Agreement .

Hanson further recognises that all employees have the right to choose whether to join the union .

FINAL 30/1/2006

page 18

Signed for :

HANSON CONSTRU CTION MATERIALS PTY LTD

Signature . . ., . .'.".`: . . . :: . : . . ./ . . .-. . . . . . . . . . . . . . . . . . . . . . . . . . . . ., . . . . . . . . . . . ., . . . . . . . . . . . . . . . . . . . . . . . .

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Print Name Dan~P' l.~pc(

In the presence of :

Signature

Print Name

Signature

Title

Print Name

In the presence of :

Signature

Print Name

Part 8 SIGNATURES

page 19

. . . . . . . . . . . . . . . . . Ms.JRRA .̀t. . . ~.

t1?kris. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

DATED THIS . . . . . . 4 .7}1 . . . . . . . . . . . . . . . DAY OF . . .Fi~RWAk4. . . . . . . . . . . . . . . . 200 (, ,

Signed for:

TRANSPORT WORKERS Wh~O,r N OF AUSTRALIA

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. . . . . &.whiE. . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

DATED THIS . . . .

. . . . . . . . . . . . . DAY OF .

. . . . . . . . . . . 200

FINAL 30/1/2006