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D A T A B A S E
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DOWNER CONNECT AGREEMENT 2004 - 2007

PART ONE - BUSINESS VALUES

1.1 INTRODUCTION

All of us at DOWNER CONNECT PTY LTD need to recognise that the long term viability of the company, continued job security and opportunity for further growth in both business and employment opportunities is critically dependent on the achievement of high operational effectiveness, low operating costs and maintaining a reputation for supreme levels of reliability, customer service and quality. The competitive fast changing business environment demands organisations to be highly flexible and responsive as well as demonstrating a capacity to embrace change. Our future success will pivot on our collective competency to instil these values in the way we do daily business.

1.2 CODE OF ETHICS

The DOWNER CONNECT PTY LTD Code of Ethics is an informal and accommodating approach to encourage honesty within the company.

We are all Trusted
Responsibility is accepted and we act responsibly.

Information
Information will be given freely without restriction. All matters will be treated confidentially in the company.

Speaking Freely
Freedom of speech will be encouraged so you can say what's on your mind without fear of intimidation or discrimination.

Suggestions for Improvement
All input identifying improvements to procedures and/or work practices will be encouraged and a response given. Constructive ideas can only build us a better future.

Training
DOWNER CONNECT PTY LTD is committed to the education and ongoing development of its employees. Training is provided for the advancement of employee knowledge, the sharing of that knowledge and a better skill mix within the company.

Decision Making
Employees use their own initiative to make decisions, within their employment capacity.

Company Image
We are a team of highly skilled people. We want to project an image of a professional, efficient and competent company that has pride in their workmanship.

Respect of Principal-supplied Equipment
Employees have a responsibility to maintain equipment to the level required for day-to-day operations.

No "Us and Them"
Within this company there is no discriminatory status. We are a team where everyone pitches in to achieve a common goal.

Safety
There are no short cuts to safety.
Continuous Improvement
Everyone is committed to the constant review of the way things work at DOWNER CONNECT PTY LTD.

Summary
This Code of Ethics identifies DOWNER CONNECT PTY LTD as a company that accepts changes and growth without losing perspective of "small company values" and where employees are proud to contribute to the success of the company.

1.3 EMPLOYEE INVOLVEMENT


Characteristics of our People
Self-achievers
Team Players
Skilled and Knowledgeable
Flexible
Helpful
Proud
Happy
Committed
Trustworthy
Challenged
Informed
Properly Rewarded
Respected
Consultation

The Parties to this Agreement acknowledge that their interests are mutually dependent. They have committed themselves to ensuring that consultation and cooperation are the basis for productive relationships between them. The spirit and intent of consultation includes:
Developing a closer working partnership between the company and its employees.
Increasing the profitability, competitiveness, efficiency and service quality of the business.
Improving the work environment.
Making the most effective use of new technology.
The raising of skill levels of employees through the provision of training.
Developing a pleasant atmosphere for people to work in.
Improving the job security of employees.

1.4 COMMUNICATION

DOWNER CONNECT PTY LTD as a company and their employees will continue to grow through a realistic method of communications. The following points are fundamental to effective two-way communications.
Required Information
Changes to contract conditions
Performance under the contract
Continuation of customer feedback
Future prospects
Feedback on OH&S issues and trends
Industrial changes and new developments
New work practices
Business changes within the company (management, joint venture etc.)
Training opportunities
Vacancies and promotions
Performance in other areas of the company
Stores availability
Business processes


Effective two-way communications within DOWNER CONNECT PTY LTD will achieve:
Workable standards
Having a say in your future
Company efficiency
Good morale
Providing an "open door" style of management
Willingness to discuss all issues

1.5 EQUAL EMPLOYMENT OPPORTUNITY

Our company is committed to providing an environment that promotes equal employment opportunities.
Employees and applicants for employment will be assessed purely on the basis of merit according to their skills, attitude, qualifications, abilities and aptitudes.
The company is committed to Equal Employment Opportunity, which results from a workplace free of unlawful discrimination. Managers and Supervisors will be responsible for the implementation of this policy in their work area.

In accordance with the applicable anti-discrimination legislation all potential and current employees will be treated equally in respect of:
Recruitment Processes
Employment Contracts
Training Opportunities
Promotion
Transfer
Termination
DOWNER CONNECT PTY LTD is committed to a workplace free of discrimination and harassment, where all employees demonstrate respect for one another. We believe all employees have a responsibility to ensure we have such a workplace. Unlawful discrimination or harassment related to an individual's race, gender, age or impairment will not be tolerated.

1.6 CONFIDENTIALITY AND CONFLICT OF INTEREST

Employees are not to use or disclose in a manner unauthorised by DOWNER CONNECT PTY LTD information that is confidential; either during your employment or after the employment relationship has ceased. Employees are not to make statements to the media about the company or its client's customers without specific authorisation to do so. Employees are not to participate in outside activities, which create a conflict of interest and are to disclose all actual or potential conflicts of interest if they occur.

1. TITLE

This Agreement shall be known as the Downer Connect Pty Ltd CERTIFIED AGREEMENT 2004.

2. APPLICATION AND INCIDENCE OF AGREEMENT

This Agreement shall apply to employees of Downer Connect, engaged on Telecommunications turnkey operations on installation and maintenance work or other similar or like work in NSW and who are from time to time engaged in any occupation/classification/level listed in Appendix "A" of this Agreement and/or the Parent Award where Downer Connect has a contract to carry out such work. This Agreement will have no application on building construction projects.

3. PARTIES BOUND

3.1 The parties to this Agreement are:
All employees who are members of or who are eligible to be members of the Organisation of Employees listed in this clause, or who are from time to time engaged in any occupation/classification/level listed in Appendix "A" of this Agreement and/or the Parent Award;

The Organisation representing employees herein viz.:
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)
Downer Connect Pty Ltd

4. PARENT AWARD

This Agreement shall be read and interpreted wholly in conjunction with the:

  • National Electrical, Electronic and Communications Contracting Industry Award, 1998; or the:
  • Electrical Contracting Industry Award, applying to the relevant State or Territory.

    Provided that where there is any inconsistency, this Agreement shall prevail to the extent of the inconsistency.

    5. TERM OF OPERATION


    1) The agreement shall take effect from the date of its certification and shall remain in force for a period of three (3) years.
    2) The parties agree that Negotiations for the renewal of this agreement must commence at least three (3) months before the nominated expiry date of this agreement.
    3) The parties agree that they will confer, with the clear intent of establishing grounds for the renewal of this agreement in its present and/or modified form.

    6. NO FUTURE CLAIMS

    The terms of settlement of this Agreement are that there will be no extra claims sought, for the life of this Agreement.

    7. CONTINUITY OF WORK

    It is a specific condition of employment pursuant to this Agreement that during the period that this Agreement is in force, all parties undertake to ensure that all industrial grievances and disputes shall be dealt with strictly in accordance with Clause 10 Disputes Avoidance Procedure of this Agreement.

    8. DEFINITIONS

    (for the purposes of this Agreement)
    The Company means Downer Connect Pty Ltd
    The Employer means Downer Connect Pty Ltd
    Union means the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU).
    Employee means, unless otherwise stated, Downer Connect Pty Ltd employee.
    Subcontractor means a `bona fide' organisation engaged to directly carry out work on site by means of a contractual agreement with Downer Connect Pty Ltd.
    Site means any premises, location or establishment of Downer Connect Pty Ltd (excluding building construction projects) and any other place in NSW where Downer Connect Pty Ltd is contracted to carry out Telecommunications installation and or maintenance work, or other similar or like work.
    Telecommunications Turnkey Operations means any work including design, systems integration, civil works, conceive, commission, operate, manufacture, and maintain telecommunications infrastructure for which Downer Connect Pty Ltd has a contract to carry out any telecommunications work or similar or like work.
    Ordinary Hours means 38 hours per week, or as varied pursuant to Clause 13 or 14 of this Agreement. Ordinary pay, ordinary rates, ordinary time have corresponding meanings.
    Casual Employee means one hired and paid as such as per Clause 12 of this Agreement.
    This Agreement means Downer Connect Pty Ltd Certified Agreement 2004.

    9. DISPUTE AVOIDANCE PROCEDURE

    9.1 In the event of any issue or grievance arising, any such issue or grievance or any other like matter shall be dealt with in accordance with the following steps:

    ISSUE

    STEP 1 - EMPLOYEE/S CONCERNED DISCUSS ISSUE/S WITH SUPERVISOR

    (Priority will be given to having most issues resolved within a 48 hour time frame)

    NO RESOLUTION

    STEP 2 - EMPLOYEE/S CONCERNED (AND/OR UNION REPRESENTATIVE) SHALL DISCUSS ISSUE/S WITH MANAGER

    NO RESOLUTION

    STEP 3 - EMPLOYEE/S CONCERNED (AND/OR UNION REPRESENTATIVE) MAY AT THE EMPLOYEES OPTION CONTACT UNION OFFICIAL

    (Telephone or fax facilities will be provided)

    NO RESOLUTION

    STEP 4 - UNION OFFICIAL (AND/OR EMPLOYEE/S REPRESENTATIVE) SHALL DISCUSS ISSUES WITH COMPANY REPRESENTATIVES

    NO RESOLUTION

    AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

    9.2 If settlement cannot be reached through the above steps any party to this Agreement shall take the appropriate steps to have the issue/s referred to the Australian Industrial Relations Commission for conciliation and or arbitration.

    9.3 While the above procedure is being carried out the 'status quo' will remain and work will continue in a safe normal manner and all parties to this Agreement will see that no strike, ban or limitation is in place.

    9.4 No party shall be prejudiced simply by the fact that work continued whilst the above process was being followed.

    9.5 This procedure shall not prevent the Company or the Union from making direct representations to one another on any matter giving rise to or likely to give rise to a dispute or grievance.

    9.6 Relevant to this Clause safety issues will be the province of the relevant Safety Committee and isolated from industrial matters.

    10. WAGES

    The wage increases will be
    4% on the 1st pay period on or after the certification of this agreement.
    4% on or after 12 months from the certification of this agreement.
    4% on or after 24 months from the certification of this agreement.
    Or the CPI increase rate as measured by the March quarter figures, whichever is greater.
    These increases will apply to each employees current rate of pay.



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