Common use of Supplementary labour Clause in Contracts

Supplementary labour. a) Where the Company makes a definite decision that it intends to engage Supplementary labour to perform work covered by this Agreement, (which would ordinarily be undertaken by the employees), the Company shall consult with the employees on the affected site, in accordance with this clause. b) In the normal course, it is expected that consultation will occur within the 14 days leading up to the commencement of the work by the Supplementary labour. If for any reason this does not occur, or if the Company has less than 14 days’ notice of the need to commence the work, consultation will occur as soon as reasonably practicable - and in any case not more than 14 days after the Supplementary labour commences work. c) At the consultation, the Company must advise in writing: (i) the name of the Supplementary Labour; (ii) the type of work proposed to be given to the Supplementary Labour; (iii) the number of persons and qualifications of the persons the proposed Third Party may engage to perform the work; and (iv) the likely duration. d) At any time, upon written request of an employee or the Unions, the Company shall provide the above details in writing in respect of any Supplementary Labour the Company is using at the time of the request. e) At the consultation, The Company must consult over the following issues: (i) safety; (ii) scope of work; and (iii) facilities for the Supplementary labour. f) A Supplementary labour employee specifically excludes Specialist Contractors engaged on the KKLP Project g) For the purposes of this agreement, Specialist Contractors are those listed in Schedule J and also include: Advanced Television (ATV) systems, Audio Visual, Distributed Antennae systems (DAS), EMR shielding, Engineers, Fire rating contactors, Generators, Government Radio network (GRN) services, handover & software integrators, High Density Ribbon installations, ICT active services, Lighting Control Suppliers & commissioning, Lightning protection, Multiple Access Television (MATV), Nurse Call, Security Services, Seismic Contractors, Solar installations less than 500KW, Surveying and UPS Commissioning. h) Where supplementary labour Contractors are engaged to perform work on the KKLP Project, the Company must ensure the employees whilst engaged on site are receiving the full provisions of the following clauses of this agreement: • Clause 19 – Hours of Work • Clause 20 – Rostered days off • Clause 21 - Shiftwork • Clause 22 – Reasonable additional hours and overtime • Clause 36 – Productivity Allowance • Clause 47 – Inclement weather • Clause 66 – Group Personal Accident & Sickness Insurance • Clause 77 infrastructure Allowance • Schedule B – Rates of pay • Schedule C – Fares and Travel • Schedule C – Severance Pay i) Avoidance of Sham Contracting (i) The persons covered by this Agreement acknowledge that sham contracting has the potential to undermine fair employment practices, erode employee entitlements and affect the job security of employees covered by this Agreement. For this reason, the following is agreed. (ii) The Company shall not enter into a contract with another person (the contractor) under which services in the nature of work are to be provided to the Company, if: a) the services are to be performed by an individual (who is not the contractor); and the individual has any ownership in, or is an officer or trustee of, the contractor; and b) the contract was entered into with the individual, the contract would be a contract of employment. (iii) The Company shall not, where it is employing, or proposing to employ, an individual, represent to the individual that the contract of employment under which the individual is, or would be, employed by the Company, is a contract for services (whether via a contract with the individual or with an entity in which the individual has any ownership in, or is an officer or trustee of) under which the individual performs, or would perform, work; (iv) The Company shall not dismiss, or threatens to dismiss, an individual who is an employee of the Company in order to engage the individual as an independent contractor to perform the same, or substantially the same, work under a contract for services entered into with the individual or with an entity in which the individual has any ownership in, or is an officer or trustee of; or (v) The Company shall not make a statement that the Company knows is false in order to persuade or influence an individual to enter into a contract for services (whether via a contract with the individual or with an entity in which the individual has any ownership in, or is an officer or trustee of) under which the individual will perform, the same, or substantially the same, work for the Company. (vi) Where a breach of this clause is alleged and is not resolved after attempts have been made with the Company it shall be dealt with in accordance with the Dispute settling procedure. (vii) Where it is agreed, or determined, that a breach of this clause has occurred and but for the breach, the person ought properly have been an employee under this Agreement, the parties will attempt to reach agreement on the calculation of any entitlements owing under the proper application of this agreement on the basis that the person should have been treated as an employee. Where the parties are in any disagreement, the matter will be referred to the Fair work commission for determination. (viii) The affected employee will be re-inducted and informed of their entitlements under this Agreement and the Fair Work Act. (ix) The Company must ensure that a person engaged as an employee or as an independent contractor is lawfully entitled to be so engaged under Australian law.

Supplementary labour. a) Where the Company makes a definite decision that it intends to engage Supplementary labour Labour to perform work covered by this Agreement, (which would ordinarily be undertaken by the employees), the Company shall consult with the employees on the affected site, in accordance with this clause. b) In the normal course, it is expected that consultation will occur within the 14 days leading up to the commencement of the work by the Supplementary labourLabour. If for any reason this does not occur, or if the Company has less than 14 days’ notice of the need to commence the work, consultation will occur as soon as reasonably practicable - and in any case not more than 14 days after the Supplementary labour Labour commences work. c) At the consultation, the Company must advise in writing: (i) the name of the Supplementary Labour; (ii) the type of work proposed to be given to the Supplementary Labour; (iii) the number of persons and qualifications of the persons the proposed Third Party may engage to perform the work; and (iv) the likely duration. d) At any time, upon written request of an employee or the UnionsUnion, the Company shall provide the above details in writing in respect of any Supplementary Labour the Company is using at the time of the request. e) At the consultation, The Company must consult over the following issues: (i) safety; (ii) scope of work; and (iii) facilities for the Supplementary labour. f) A Supplementary labour Labour employee specifically excludes Specialist Contractors other than those specialist subcontractors engaged on the KKLP ProjectInfrastructure projects with a Total Construction Value of $804.2 million dollars or greater. g) For the purposes of this agreement, Specialist Contractors are those listed in Schedule J and also includeare: Advanced Television (ATV) systems, Audio Visual, Data & Communication installations, Distributed Antennae systems (DAS), EMR shielding, Engineers, Excavation and Civil Contractors, Fire rating contactors, Generators, Government Radio network (GRN) services, handover & software integrators, High Density Ribbon installations, High Voltage Installations, ICT active services, Lighting Control Suppliers & commissioning, Lightning protection, Mechanical Fitters, Multiple Access Television (MATV), Nurse Call, Security Services, Seismic Contractors, Solar installations less than 500KW, Switchboard warranty work, Surveying and UPS Commissioning. h) Where supplementary labour Specialist Contractors are engaged to perform work High Voltage Installations or Data & communications installations on the KKLP Projectsites other than Infrastructure projects with a TCV of $804.2 million dollars or greater, the Company must ensure the employees of the Specialist contractors whilst engaged on site are receiving the full provisions of the following clauses of this agreement: • Clause 19 – Hours of Work • Clause 20 – Rostered days off • Clause 21 - Shiftwork • Clause 22 – Reasonable additional hours and overtime • Clause 36 – Productivity Allowance • Clause 47 48 – Inclement weather • Clause 66 68 – Group Personal Accident & Sickness Insurance • Clause 77 infrastructure 79 – Site Allowance • Schedule B – Rates of pay • Schedule C – Fares and Travel • Schedule C – Severance Pay i) Avoidance of Sham Contracting (i) The persons covered by this Agreement acknowledge that sham contracting has the potential to undermine fair employment practices, erode employee entitlements following Data and affect the job security of employees covered by this Agreement. For this reason, the following is agreed. (ii) The Company shall not enter into a contract with another person (the contractor) under which services in the nature of work are to be provided to the Company, if: a) the services are to be performed by an individual (who is not the contractor); and the individual has any ownership in, or is an officer or trustee of, the contractor; and b) the contract was entered into with the individual, the contract would be a contract of employment. (iii) The Company shall not, where it is employing, or proposing to employ, an individual, represent to the individual that the contract of employment under which the individual is, or would be, employed by the Company, is a contract for services (whether via a contract with the individual or with an entity in which the individual has any ownership in, or is an officer or trustee of) under which the individual performs, or would perform, work; (iv) The Company shall not dismiss, or threatens to dismiss, an individual who is an employee of the Company in order to engage the individual as an independent contractor to perform the same, or substantially the same, work under a contract for services entered into with the individual or with an entity in which the individual has any ownership in, or is an officer or trustee of; or (v) The Company shall not make a statement that the Company knows is false in order to persuade or influence an individual to enter into a contract for services (whether via a contract with the individual or with an entity in which the individual has any ownership in, or is an officer or trustee of) under which the individual will perform, the same, or substantially the same, work for the Company. (vi) Where a breach of this clause is alleged and is not resolved after attempts have been made with the Company it Communication Installation sites shall be dealt with in accordance with exempt from the Dispute settling procedure. provisions of clause 8 (viih) Where it is agreed, or determined, that a breach of this clause has occurred and but for the breach, the person ought properly have been an employee under this Agreement, the parties will attempt to reach agreement on the calculation of any entitlements owing under the proper application of this agreement on the basis that the person should have been treated as an employee. Where the parties are in any disagreement, the matter will be referred to the Fair work commission for determination. (viii) The affected employee will be re-inducted and informed of their entitlements under this Agreement and the Fair Work Act. (ix) The Company must ensure that a person engaged as an employee or as an independent contractor is lawfully entitled to be so engaged under Australian law.until 1 July 2024:

Supplementary labour. a) Where the Company makes a definite decision that it intends to engage Supplementary labour Labour to perform work covered by this Agreement, (which would ordinarily be undertaken by the employees), the Company shall consult with the employees on the affected site, in accordance with this clause. b) In the normal course, it is expected that consultation will occur within the 14 days leading up to the commencement of the work by the Supplementary labourLabour. If for any reason this does not occur, or if the Company has less than 14 days’ notice of the need to commence the work, consultation will occur as soon as reasonably practicable - and in any case not more than 14 days after the Supplementary labour commences work. c) At the consultation, the Company must advise in writing: (i) the name of the Supplementary Labour; (ii) the type of work proposed to be given to the Supplementary Labour; (iii) the number of persons and qualifications of the persons the proposed Third Party may engage to perform the work; and (iv) the likely duration. d) At any time, upon written request of an employee or the UnionsUnion, the Company shall provide the above details in writing in respect of any Supplementary Labour the Company is using at the time of the request. e) At the consultation, The Company must consult over the following issues: (i) safety; (ii) scope of work; and (iii) facilities for the Supplementary labour. f) A Supplementary labour Labour employee specifically excludes Specialist Contractors other than those specialist subcontractors engaged on the KKLP ProjectInfrastructure projects with a Total Construction Value of $804.2 million dollars or more. g) For the purposes of this agreement, Specialist Contractors are those listed in Schedule J and also includeare: Advanced Television (ATV) systems, Audio Visual, Air balancing, Data & Communication installations, Distributed Antennae systems (DAS), EMR shielding, Engineers, Excavation and Civil Contractors, Fire rating contactors, Fibre Optics, Generators, Government Radio network (GRN) services, handover & software integrators, High Density Ribbon installations, High Voltage Installations, ICT active services, Lighting Control Suppliers & commissioning, Lightning protection, Mechanical Fitters, Multiple Access Television (MATV), Nurse Call, Security Services, Seismic Contractors, Solar Panel installations less than 500KW, Surveying Surveying, Switchboard warranty work, and UPS CommissioningSuppliers. h) Where supplementary labour Specialist Contractors are engaged to perform work High Voltage Installations or Data & communications installations on the KKLP Projectsites other than Infrastructure projects with a TCV of $804.2 million dollars or more, the Company must ensure the employees of the Specialist contractors whilst engaged on site are receiving the full provisions of the following clauses of this agreement: • Clause 19 – Hours of Work • Clause 20 – Rostered days off • Clause 21 - Shiftwork • Clause 22 – Reasonable additional hours and overtime • Clause 36 – Productivity Allowance • Clause 47 48 – Inclement weather • Clause 66 68 – Group Personal Accident & Sickness Insurance • Clause 77 infrastructure 79 – Site Allowance • Schedule B – Rates of pay • Schedule C – Fares and Travel • Schedule C – Severance Pay i) Avoidance of Sham Contracting (i) The persons covered by this Agreement acknowledge that sham contracting has the potential to undermine fair employment practices, erode employee entitlements and affect the job security of employees covered by this Agreement. For this reason, the following is agreed. (ii) The Company shall not enter into a contract with another person (the contractor) under which services in the nature of work are to be provided to the Company, if: a) the services are to be performed by an individual (who is not the contractor); and the individual has any ownership in, or is an officer or trustee of, the contractor; and b) the contract was were entered into with the individual, the contract would be a contract of employment. (iii) The Company shall not, where it is employing, or proposing to employ, an individual, represent to the individual that the contract of employment under which the individual is, or would be, employed by the Company, is a contract for services (whether via a contract with the individual or with an entity in which the individual has any ownership in, or is an officer or trustee of) under which the individual performs, or would perform, work; (iv) The Company shall not dismiss, or threatens to dismiss, an individual who is an employee of the Company in order to engage the individual as an independent contractor to perform the same, or substantially the same, work under a contract for services entered into with the individual or with an entity in which the individual has any ownership in, or is an officer or trustee of; or (v) The Company shall not make a statement that the Company knows is false in order to persuade or influence an individual to enter into a contract for services (whether via a contract with the individual or with an entity in which the individual has any ownership in, or is an officer or trustee of) under which the individual will perform, the same, or substantially the same, work for the Company. (vi) Where a breach of this clause is alleged and is not resolved after attempts have been made with the Company it shall be dealt with in accordance with the Dispute settling procedure. (vii) Where it is agreed, or determined, that a breach of this clause has occurred and but for the breach, the person ought properly have been an employee under this Agreement, the parties will attempt to reach agreement on the calculation of any entitlements owing under the proper application of this agreement on the basis that the person should have been treated as an employee. Where the parties are in any disagreement, the matter will be referred to the Fair work commission for determination. (viii) The affected employee will be re-inducted and informed of their entitlements under this Agreement and the Fair Work Act. (ix) The Company must ensure that a person engaged as an employee or as an independent contractor is lawfully entitled to be so engaged under Australian law.

Supplementary labour. a) Where the Company makes a definite decision that it intends to engage Supplementary labour Labour to perform work covered by this Agreement, (which would ordinarily be undertaken by the employees), the Company shall consult with the employees on the affected site, in accordance with this clause. b) In the normal course, it is expected that consultation will occur within the 14 days leading up to the commencement of the work by the Supplementary labourLabour. If for any reason this does not occur, or if the Company has less than 14 days’ notice of the need to commence the work, consultation will occur as soon as reasonably practicable - and in any case not more than 14 days after the Supplementary labour commences work. c) At the consultation, the Company must advise in writing: (i) the name of the Supplementary Labour; (ii) the type of work proposed to be given to the Supplementary Labour; (iii) the number of persons and qualifications of the persons the proposed Third Party may engage to perform the work; and (iv) the likely duration. d) At any time, upon written request of an employee or the UnionsUnion, the Company shall provide the above details in writing in respect of any Supplementary Labour the Company is using at the time of the request. e) At the consultation, The Company must consult over the following issues: (i) safety; (ii) scope of work; and (iii) facilities for the Supplementary labour. f) A Supplementary labour Labour employee specifically excludes Specialist Contractors other than those specialist subcontractors engaged on the KKLP ProjectInfrastructure projects with a Total Construction Value of $804.2 million dollars or more. g) For the purposes of this agreement, Specialist Contractors are those listed in Schedule J and also includeare: Advanced Television (ATV) systems, Audio Visual, Data & Communication installations, Distributed Antennae systems (DAS), EMR shielding, Engineers, Excavation and Civil Contractors, Fire rating contactors, Generators, Government Radio network (GRN) services, handover & software integrators, High Density Ribbon installations, High Voltage Installations, ICT active services, Lighting Control Suppliers & commissioning, Lightning protection, Mechanical Fitters, Multiple Access Television (MATV), Nurse Call, Security Services, Seismic Contractors, Solar Panel installations less than 500KW, Surveying Surveying, Switchboard warranty work and UPS CommissioningSuppliers. h) Where supplementary labour Specialist Contractors are engaged to perform work High Voltage Installations or Data & communications installations on the KKLP Projectsites other than Infrastructure projects with a TCV of $804.2 million dollars or more, the Company must ensure the employees of the Specialist contractors whilst engaged on site are receiving the full provisions of the following clauses of this agreement: • Clause 19 – Hours of Work • Clause 20 – Rostered days off • Clause 21 - Shiftwork • Clause 22 – Reasonable additional hours and overtime • Clause 36 – Productivity Allowance • Clause 47 48 – Inclement weather • Clause 66 68 – Group Personal Accident & Sickness Insurance • Clause 77 infrastructure 79 – Site Allowance • Schedule B – Rates of pay • Schedule C – Fares and Travel • Schedule C – Severance Pay i) Avoidance of Sham Contracting (i) The persons covered by this Agreement acknowledge that sham contracting has the potential to undermine fair employment practices, erode employee entitlements and affect the job security of employees covered by this Agreement. For this reason, the following is agreed. (ii) The Company shall not enter into a contract with another person (the contractor) under which services in the nature of work are to be provided to the Company, if: a) the services are to be performed by an individual (who is not the contractor); and the individual has any ownership in, or is an officer or trustee of, the contractor; and b) the contract was were entered into with the individual, the contract would be a contract of employment. (iii) The Company shall not, where it is employing, or proposing to employ, an individual, represent to the individual that the contract of employment under which the individual is, or would be, employed by the Company, is a contract for services (whether via a contract with the individual or with an entity in which the individual has any ownership in, or is an officer or trustee of) under which the individual performs, or would perform, work; (iv) The Company shall not dismiss, or threatens to dismiss, an individual who is an employee of the Company in order to engage the individual as an independent contractor to perform the same, or substantially the same, work under a contract for services entered into with the individual or with an entity in which the individual has any ownership in, or is an officer or trustee of; or (v) The Company shall not make a statement that the Company knows is false in order to persuade or influence an individual to enter into a contract for services (whether via a contract with the individual or with an entity in which the individual has any ownership in, or is an officer or trustee of) under which the individual will perform, the same, or substantially the same, work for the Company. (vi) Where a breach of this clause is alleged and is not resolved after attempts have been made with the Company it shall be dealt with in accordance with the Dispute settling procedure. (vii) Where it is agreed, or determined, that a breach of this clause has occurred and but for the breach, the person ought properly have been an employee under this Agreement, the parties will attempt to reach agreement on the calculation of any entitlements owing under the proper application of this agreement on the basis that the person should have been treated as an employee. Where the parties are in any disagreement, the matter will be referred to the Fair work commission for determination. (viii) The affected employee will be re-inducted and informed of their entitlements under this Agreement and the Fair Work Act. (ix) The Company must ensure that a person engaged as an employee or as an independent contractor is lawfully entitled to be so engaged under Australian law.