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QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

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

DPI Forestry Certified Agreement 2005

Matter No. CA/2006/109

Commissioner Asbury 21 March 2006

CERTIFICATE

This matter coming on for hearing before the Commission on 14 March 2006 the Commission certifies the following written agreement: DPI Forestry Certified Agreement 2005 – CA/2006/109 Made between: DPI Forestry Business Group of the Department of Primary Industries; The Australian Workers' Union of Employees, Queensland; The Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland; Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland; The Queensland Public Sector Union of Employees; The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees; and Federated Engine Drivers' and Firemens' Association of Australasia Queensland Branch, Union of Employees. The agreement was certified by the Commission on 14 March 2006 and shall operate from 14 March 2006 until its nominal expiry on 31 October 2007. It is noted that the parties have agreed that the Agreement will take effect from 1 November 2005. In order to make the agreement certifiable, the following undertaking was given:

• Subject to relevant transmission of business provisions of the Industrial Relations Act 1999 and applicable Directives, salary rates and other certified agreements and award entitlements applicable at DPI Forestry will continue to apply until it reaches its nominal expiry date and any new certified agreement at Department of Natural Resources Mines and Water comes into effect.

This agreement cancels CA/2002/562 – DPI Forestry Enterprise Agreement 2002. By the Commission. Commissioner Asbury

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TABLE OF CONTENTS Subject Matter Clause No. PART 1 - PRELIMINARY

Title 1.1 Parties Bound 1.2 Application 1.3 Date and Period of Operation 1.4 Posting of Agreement 1.5 Relationship with Parent Awards and Agreements 1.6 Equity Considerations 1.7 EA5 Single Bargaining Unit 1.8 Definitions and Abbreviations 1.9

PART 2 – INTRODUCTION TO THE AGREEMENT

Aims of the Agreement 2.1

PART 3 – REMUNERATION

Remuneration Arrangements 3.1 Annual Pay Increases 3.2 Performance Bonus Payments 3.3 Contingencies 3.4 Payroll Deductions while on Workcover 3.5 Abolition of Wages/Salaries in Advance for Annual Leave 3.6 Pay Leave Loading every December 3.7

PART 4 – VALUING OUR EMPLOYEES

Employment Security 4.1 Healthier and Safer Workplace 4.2 Skill Enhancement 4.3 Review of Wages Classification Structure under the Forestry Employees Award 4.4 Improved Working Conditions 4.5 Consultation/Communication 4.6 Flexibility in Disciplinary Penalties 4.7

PART 5 – BUSINESS COMMITMENTS & BENEFITS

PART 6 – FIRE MANAGEMENT

PART 7 – CLOSED AGREEMENT

PART 8 - DISPUTES AVOIDANCE AND SETTLEMENT PROCEDURES

PART 9 – UNION ENCOURAGEMENT

PART 10 – UNION DELEGATES

PART 11 – COLLECTIVE INDUSTRIAL RELATIONS

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PART 12 – IR EDUCATION LEAVE

PART 13 - RENEWAL OF AGREEMENT

APPENDICES

Appendix 1 – Salary and Wage Rates

PART 1 – PRELIMINARY 1.1 Title This Agreement shall be known as the DPI Forestry Certified Agreement 2005 1.2 Parties Bound The parties bound by this Agreement are:- • The DPI Forestry Business Group of the Department of Primary Industries

• The Australian Workers’ Union of Employees, Queensland

• The Construction, Forestry, Mining and Energy, Industrial Union of Employees, Queensland

• The Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees

• The Queensland Public Sector Union of Employees

• The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees

• Federated Engine Drivers’ and Firemen’s Association of Australasia, Queensland Branch, Union of Employees 1.3 Application This Agreement shall apply to all employees of DPI Forestry excluding Senior Executives and Senior Officers. 1.4 Date and Period of Operation This Agreement shall operate from the date of its certification and shall remain in force until 31 October 2007. The parties have agreed that its terms will be given operative effect on and from 1 November 2005 1.5 Posting of Agreement A hard copy of this Agreement shall be exhibited in a conspicuous and convenient place at all sites so as to be easily read by all employees covered by this Agreement. In addition, a copy of the Agreement shall also be placed on the DPI&F Intranet site (Our Net) and DPI Forestry Intranet site (Forweb) for easy access for all DPI Forestry employees who have computer access. 1.6 Relationship with Parent Awards and Agreements (1) In accordance with Section 165 of the Industrial Relations Act 1999, this Agreement shall be read and interpreted wholly in conjunction with the relevant industrial instruments prescribed in 1.7 (2) and where there is any inconsistency, this Agreement shall take precedence. (2) The relevant Industrial Instruments are:-

• Queensland Public Service Award – State 2003

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• Forestry Employees’ Award – Department of Primary Industries 2003

• Engineering Award – State 2002

• Building Trades Public Sector Award – State 2002

• Employees of Queensland Government Departments (Other Than Public Servants) Award – State 2003

• Family Leave (Queensland Public Sector) Award – State 2004

• Queensland Government Departments and Certain Government Entities Apprentices' and Trainees' Order (3) Subject to 1.7 (1) and Part 7, the provisions of the relevant industrial instruments prescribed in 1.7 (2) as at the

date of operation of this agreement shall apply for the duration of the agreement. 1.7 Equity Considerations (1) This Agreement will achieve the following principal objects relevant to social justice, as specified in Section 3

'Principal Object of this Act' of the Industrial Relations Act 1999:

"(c) preventing and eliminating discrimination in employment, and ensuring equal remuneration for men and women; and (d) helping balance work and family life; and (m) assisting in giving effect to Australia's international obligations in relation to labour standards".

The parties agree to respect and value the diversity of employees through helping to prevent and eliminate discrimination.

(2) In addition, the effect of this Agreement is not to allow any conduct or treatment, either direct or indirect that would:

(a) contravene the Anti-Discrimination Act 1991; or

(b) discriminate on the basis of family responsibilities.

1.8 EA5 Single Bargaining Unit For the purposes of applying this Agreement, a Single Bargaining Unit (SBU) has been formed consisting of nominated representatives from signatory parties to this Agreement. The SBU will endeavour to meet at least quarterly. However, any of the parties to this Agreement may request an SBU meeting at any time and the SBU shall be convened at the earliest opportunity. Provided that such meeting shall be held no later than 14 days from the date of notification given by the party. Reporting, consultation, and approval of EA5 matters by the SBU can progress outside of meeting dates unless there are concerns which require the parties to meet to jointly discuss issues. All parties agree to cooperate in good faith and accept that they will make all possible efforts to reach agreement on any matter referred to the SBU for consideration under this Agreement. Where agreement cannot be reached, action under Part 8 (5) can be commenced. 1.9 Definitions and Abbreviations DIR means the “Department of Industrial Relations”. DPI&F means the “Department of Primary Industries and Fisheries”. EA5 means the “DPI Forestry Certified Agreement 2005”. FEA means the “Forestry Employees’ Award – Department of Primary Industries 2003’’. OPSME means the “Office of Public Service Merit and Equity”. PSA means the “Queensland Public Service Award – State 2003”. QIRC means the “Queensland Industrial Relations Commission”.

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SBU means the “Single Bargaining Unit”. WH&S means “Workplace Health and Safety”. PART 2 – INTRODUCTION TO THE AGREEMENT 2.1 Aims of the Agreement This Agreement aims to benefit both DPI Forestry and its employees by: • Delivering agreed financial and other benefits to both employees and the organisation;

• Linking employee needs, customer needs and business outcomes;

• Focusing on leadership, teamwork, training, employee self worth and appropriate consultative mechanisms within the workplace;

• Enhancing the existing cooperative arrangements in place between DPI Forestry, its employees and unions;

• The parties commit to:

(a) improved workplace health and safety procedures including strategies for continued reductions in DPI Forestry’s WorkCover premiums

(b) a more performance based culture within DPI Forestry in line with its commercial business; and

(c) providing assurances of employment security as per the Government’s Employment Security Policy PART 3 – REMUNERATION 3.1 Remuneration Arrangements As part of a package of employee benefits, this Agreement provides for a range of remuneration arrangements made up of:- • staged pay increases at the rate of 4% pa (or $30 per week whichever is the greater) as detailed below over the

period of the Agreement, payable in two parts (clause 3.2); • bonus payments to all employees in accordance with clause 3.3; • contingencies relating to State Wage Case adjustments in accordance with clause 3.4; 3.2 Annual Pay Increases

Two staged pay increases are scheduled under this Agreement. These payments will be made as follows:

1 November 2005 4% or $30 per week, whichever is the higher amount

1 November 2006 4% or $30 per week, whichever is the higher amount Appendix 1 prescribes the salary and wage rates to apply for DPI Forestry employees. Trainees employed under the Queensland Government Departments and Certain Government Entities Apprentices' and Trainees' Order shall receive rates of pay in accordance with that Order. Apprentices shall continue to receive the appropriate percentage of the wage rate specified in the relevant Award, with such wage rate to include increases provided for under this Agreement. 3.3 Performance Bonus Payments Performance bonus payments will be payable for demonstrated commitment to a Business Improvement Program developed in accordance with clause 5.1, which aims to assist DPI Forestry Business Plan Outcomes. A range of employee linked strategies will be targeted under this Program including a commitment to the implementation of strategies to assist in the reduction of WorkCover premiums for DPI Forestry.

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The SBU will review the progress of the Business Improvement Program during the Agreement. The Performance Bonus Payments will be: • $150 per full-time equivalent employee payable each six months and commencing on 1 January 2006; and • All categories of employees covered by this Agreement will receive payments, and a pro-rata basis will be

applied where employees work less than on a full time basis or for less than each respective period. The bonuses shall be paid for the Initiatives developed by DPI Forestry and endorsed by the SBU during the first 3 months of the Agreement including: • Commitment to the implementation of strategies for the reduction of WorkCover premiums; and • Commitment to a DPI Forestry Business Improvement Program; 3.4 Contingencies (1) It is a term of this Agreement that any state wage increase shall be compared with the increase prescribed

under Clause 3.2 of this Agreement effective immediately before the relevant state wage increase, and that where the relevant state wage increase is higher on an annualised basis the state wage increase shall be applied from the operative date of the state wage increase in lieu of the increase prescribed in clause 3.2.

(2) Subject to 3.4 (1) the Queensland Industrial Relations Commission State Wage Case increases awarded during

2005 and the period up to, and including, the nominal expiry date of this Agreement shall be absorbed into the wage increases provided by Clause 3.2 of this Agreement.

It is a term of this Agreement that no person covered by this Agreement will receive a rate of pay that is less than the corresponding rate of pay in the relevant Award. DPI Forestry will support union applications to incorporate wage adjustments based upon the DPI Forestry Certified Agreement 2002 during the life of this Agreement to amend any of the parent Awards as follows:

• Queensland Public Service Award – State 2003

• Employees of Queensland Government Departments (Other Than Public Servants) Award – State 2003

• Forestry Employees’ Award – Department of Primary Industries 2003.

DPI Forestry will consent to applications made after the nominal expiry date of EA5 to amend any of the parent Awards to incorporate wage adjustments based on EA5.

3.5 Payroll Deductions while on WorkCover The parties recognise that employees who are injured at work and receive payments through WorkCover are inconvenienced by payroll deductions being discontinued for this period of time. Under this agreement DPI Forestry commits to implementing a process that will allow for normal payroll deductions to be continued whilst receiving WorkCover payments in lieu of wages. DPI Forestry will also provide notification two weeks in advance of an employee’s base rate reduction, which occurs after twenty-six weeks duration on workers compensation. 3.6 Abolition of Payment of Wages/Salaries in Advance for Annual Leave The parties agree to continue the abolition of payment in advance for annual leave. The parties recognise that this may not apply in exceptional circumstances such as travel to international or remote locations and economic hardship. 3.7 Pay Leave Loading every December The parties agree that annual leave loading will continue to be paid in December for all employees. The parties recognise that the integrity and continuation of annual leave loading in accordance with the General Ruling by the Full Bench of the Commission made on 9 November 1973 will be maintained.

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PART 4 – VALUING OUR EMPLOYEES 4.1 Employment Security 4.1.1 Employment Practices

DPI Forestry is committed to employment security for its permanent employees. The parties agree that direct employment by the employer is a priority and the preferred method of service delivery. This commitment will be assisted where managers and employees contribute actively to the DPI Forestry performance based culture (See Part 5: Business Commitments and Benefits)

Permanent employees will not be forced into unemployment as a result of organisational change or changes in departmental priorities other than in exceptional circumstances. Where changes in employment arrangements are necessary, there will be active pursuit of retraining and deployment opportunities. Current public sector VER redundancy provisions (Directive 11/05) form part of this Agreement during its term. Only those variations to the Directive more favourable to employees, if any are made during the term, shall also apply. DPI Forestry supports the principle that temporary and casual employees have the right to raise concerns with supervisors/management in relation to their employment status or any other work related matter. Unions may refer instances of dissatisfaction directly to the SBU for attention. DPI Forestry also acknowledges that long-term casual employees have rights to unfair dismissal entitlements in accordance with the provisions of the relevant legislation. Furthermore, where there is a requirement for the engagement of labour through a separate employer, DPI Forestry will instruct that employer to pay its employees rates of pay not less than the rates of pay prescribed by this agreement for the relevant class of work, and in any case as a minimum, applicable award and statutory entitlements are to be paid. Monitoring of employment practices will occur and a report provided to the SBU on a six (6) monthly basis. This report will provide a breakdown by occupational stream and number of all permanent, temporary, and casual agency staff with greater than twelve (12) months service. The report will also provide details of length of service, occupational stream, and reason for temporary or casual employment. Details of labour hire usage will also be reported upon on a six (6) monthly basis. In the event of a major organisational change full consultation with the SBU must be achieved regarding implementation arrangement and implications of the change prior to and during the change. The parties acknowledge that due to the location of much field sector work, minimum payments per engagement will be maintained at four (4) hours where the estimated travel time by motor vehicle from the work location at the completion of the daily work to the employee’s residence is greater than thirty (30) minutes.

To ensure casuals are engaged in accordance with this clause, DPI Forestry will advise the SBU of all casual employees engaged for greater than twelve (12) months in line with the monitoring arrangements specified in this Agreement.

4.1.2 Contracting Out (a) Services currently provided by DPI Forestry employees It is the clear policy of DPI Forestry not to contract out services currently provided at existing workplaces other than in circumstances where: • Actual shortages exist in appropriately skilled in-house staff;

• There is a lack of available infrastructure capital or funds to meet the cost of providing new technology;

• It can be clearly demonstrated that it is in the public interest that services should be contracted-out.

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In accordance with government policy on the contracting-out of government services, should any proposed contract affect the employment security of permanent employees, employees and relevant unions will be consulted as early as possible. This consultation is to take place prior to any steps being taken to call tenders or to enter into any alternative bidding arrangement for the provision of services by an external provider. For the purposes of consultation, relevant unions will be provided with the following: • Documentation on the processes whereby all steps were taken to avoid capital shortage;

• Documentation on which DPI Forestry has formed the view that contracting out is an appropriate means of service delivery;

• Documentation outlining sites affected, occupational groups and the extent of proposed contracts; and

• Documentation concerning failure to attract expertise including details of advertising and applicant pools. If after full consultation with employees and relevant unions, employees are to be affected by a decision to contract out such services, DPI Forestry will ensure that employees are given the maximum opportunity to accept retraining and/or redeployment in DPI Forestry or the public sector, or accept redundancy in accordance with relevant government policies. Any dispute between the parties arising out of this clause will be dealt with in accordance with Part 7 of this Agreement. (b) Services Currently Contracted Out

With regard to field work, where it is intended to use contract services all contractor machinery will be certified by an accredited qualified tradesperson. All plant intended to be used must comply with the provisions of the Workplace Health and Safety Act 1995, or as amended, and Regulations.

• Operators of contractor’s plant must possess the relevant current certificates or licenses for the performance of

specific duties relating to the operation of the plant. Proof of such certificates or licenses must be included in the contractor’s initial Offer and may also need to be produced prior to commencing work for DPI Forestry under the Offer. Where certificates or licenses are not required, and accredited training not available, the Contractor must be able to demonstrate to DPI Forestry that employees have been adequately trained and/or competent through work experience.

A primary concern of DPI Forestry, its employees and the unions party to this agreement is that the safety of employees of DPI Forestry and the employees of contractors while engaged at DPI Forestry workplaces is considered at all times. Therefore during the offering process and once a contractor commences work on DPI Forestry worksites, in order that obligations contained in the Workplace Health and Safety Act 1995 are properly discharged, the following will apply:

• DPI Forestry will require that in offering for work contractors will provide details of capacity and performance in respect of the categories of work which it is proposed they will undertake;

• DPI Forestry will reserve the right to inspect or request certification of all plant condition at any time;

• DPI Forestry will maintain a system of verification of the satisfactory standard of contractors’ work;

• Corrective action will be taken in any circumstances where contractors’ plant condition or work practices are such that exposure to workplace health and safety risks may arise;

(c) New Services Consistent with its charter, DPI Forestry may undertake new commercial business ventures from time to time. DPI Forestry will consult with the relevant unions before any decisions are taken regarding employment arrangements for the delivery of new services. DPI Forestry employees will be the preferred method of service delivery for new commercial ventures during the life of this Agreement where it can be demonstrated that work is competitive on an overall ‘best value’ basis as defined in the Queensland Government Policy on the Contracting Out of Government Services, and that the workloads are sustainable.

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4.1.3 Commercial Reform Initiative

The Government announced on 25 October 2005 its strong commitment to undertake further commercial reform of DPI Forestry, including the separating out of native forestry operations and the development of a more commercial plantation operating structure by the second quarter of 2006.

In accordance with the Government decision to commercialise some areas of DPI Forestry, the parties agree as follows: (a) Consistent with award requirements DPI Forestry will consult with relevant unions and staff about changes

that result from commercialisation and how those changes may affect staff. (b) DPI Forestry will initiate discussions with DNR&M and unions for the purpose of ascertaining the proposed

management of the native forests operation in so far as it relates to its effect upon transferred DPI Forestry staff. In particular the following matters will be discussed –

• The future work location of transferred DPI Forestry staff. • The status of staff employed on temporary employment contracts; and • The application of the Government’s employment security policy;

(c) The separation process will not result in any forced redundancies for employees; and (d) Subject to relevant transmission of business provisions of the Industrial Relations Act 1999 and applicable

Directives, salary rates and other certified agreement and award entitlements applicable at DPI Forestry will continue to apply until it reaches its nominal expiry date and any new certified agreement at DNR&M comes into effect.

4.2 Safer and Healthier Workplace 4.2.1 Commitment to a Safer and Healthier Workplace Workplace Health and Safety continues to be a major issue for DPI Forestry, its employees and relevant unions. Reduction of workplace accidents and incidents remains a priority. The parties to this Agreement are committed to continuous improvement in workplace health and safety by:

• supporting the Workplace Health and Safety Plan including processes that ensure WH&S documentation is fully validated by actual field performance in quickly investigating accidents, near misses, and/or potential WH&S risk;

• efficient Workplace Health and Safety reporting;

• compliance with the Australian Standard on Occupational Health and Safety Management Systems - AS4801; and

• compliance with best practice in the issue and maintenance of personal protective clothing.

In regard to WHS reporting requirements indicators may include but are not limited to the following:

Risk assessments undertaken;

Observations against the WH&S Plan;

WH&S Audits completed and their scores;

Attendance of Managers and WH&S Representatives at WH&S Meetings;

The level of knowledge of job safety requirements;

The number of repeat problems versus problems rectified;

Corrective actions completed on time;

Level of participation in the improvement process;

The percentage of WH&S Training completed against that planned;

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Workplace inspections completed;

Employee competence, training and development; and

The number of hazard/incident investigations completed.

4.2.2 Workplace Harassment The parties to this agreement view workplace harassment as being a serious workplace issue that is costly to the organisation and the individual and as such it will not be tolerated. DPI Forestry will continue to implement strategies for reduction of workplace harassment within DPI Forestry as incorporated in its Workplace Health and Safety Plan. 4.2.3 Protective Clothing All permanent field based wages and salary employees in DPI Forestry will be provided with an initial issue of protective clothing on the following basis:

• Where the employee undertakes activities for which the Personal Protective Equipment (PPE) guide prescribes such clothing;

• 1 pair of High Visibility fire fighting overalls to be issued on the successful completion of Level 1 Fire Fighting accreditation and one proban treated shirt. PLUS

• 5 sets of proban treated long sleeve shirts and long trousers OR

• Long sleeve cotton shirts without proban treatment may be made available as an alternative for use in appropriate circumstances (eg. non-fire fighting duties) at the discretion of DPI Forestry managers.

• 5 sets of lightweight overalls.

Excluding the high visibility fire fighting overalls, the maximum number of sets of protective clothing that will be issued is five (5). However, the actual composition of the five (5) sets may be at the discretion of the employee.

Also, existing permanent and long term temporary employees will be issued with sufficient sets of protective clothing to raise their total issue to the levels set out above. Casual employees and office based salary staff who are accredited for fire fighting activities are to be issued with: • 1 pair of proban treated High Visibility overalls. Casual employees who are engaged on herbicide spraying activities will be supplied with: • Up to three (3) pair of lightweight overalls. The actual number of overalls to be determined by DPI Forestry

management. However, it is to be clearly understood that casuals who are engaged on herbicide spraying are to commence work each day in clean clothing. Unwashed clothing which has been used previously on spraying activities are not to be worn. The overalls are to be issued on a hand-back basis.

Two (2) pairs of boots and five (5) pairs of woollen socks will be issued to permanent employees. Issues of replacement protective clothing will be made, one for one, on a fair wear and tear basis. 4.2.4 Office Amenities In addition to ensuring that office accommodation complies with relevant building standards and safety codes, DPI Forestry acknowledges the need to provide shower facilities for staff in major office centres where possible to support contemporary trends in health, fitness and travel to and from work. DPI Forestry will conduct an audit of all major office centres over the first six (6) months of the Agreement. Given the high number of commuting staff shower facilities for Central Office staff will be delivered within 12 months of certification of this Agreement. Needs in other centres will be identified via the audit process.

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4.3 Skill Enhancement 4.3.1 Training and Development DPI Forestry will maintain its training and development program for employees, which focuses on the range of skills required to undertake roles relevant to DPI Forestry. This will include: (a) Training, assessment, recognition, and certification of competencies based on National Training Packages such as the

Forest Growing and Management Training Package and existing commitments under current award arrangements, such as those under the Forestry Employees’ Award - Department of Primary Industries 2003;

(b) Vocational training through accredited training and assessment of competencies at the workplace relevant to their

job roles; and (c) Acknowledgement that applicable employees should receive recognition and credit for their knowledge and skills

through the recognition of current competencies (RCC) or the recognition of prior learning (RPL). This assessment of competencies may include skills from:

- Work experience (including both work that is paid and unpaid);

- Life experience (for example leisure pursuits or voluntary work); and

- Previous study (including training programs at work, course at school or college, and through adult education classes).

4.3.2 Administrative Stream Employees (a) With respect to employees covered by the Queensland Public Service Award – State 2003, the parties agree to

access to agency funded training and assessment of competencies for employees without the relevant AQF levels or equivalent in accordance with the following schedule:

• Certificate IV (AQF IV) for FO2 • Diploma (AQF V) for FO3 • Advanced Diploma (AQF VI) for FO4 available from 1 July 2006

(b) Additional remuneration shall be payable to those employees in the specified classifications subject to the

following criteria:

(i) The employee must have reached the maximum paypoint of the specified Classification Level; (ii) The employee must have spent one calendar year (or equivalent) on the maximum paypoint;

(iii) Acquisition of accredited competencies will benefit organisational performance. (iv) This clause shall only apply to administrative employees employed under the Forestry (FO) Stream; and (v) Where the salary band overlap scheme applies, such rates of pay supersede remuneration paid under 4.3.2

(c) below. (c) The parties agree that the following remuneration is to be paid for employees that meet the requirements outlined

above:

• Certificate IV (AQF IV) FO2 $41.50 per fortnight • Diploma (AQF V) FO3 $42.80 per fortnight • Advanced Diploma (AQF VI) FO4 $44.60 per fortnight

4.3.3 Engineering Stream Employees. DPI Forestry will continue to develop and identify required skills, competencies and qualifications for engineering trade based employees to determine organisationally appropriate classification levels for such employees engaged under the Engineering Award – State. It will also continue to implement and maintain as the base for engineering personnel the use of the Metal and Engineering Competency Standards. This will provide opportunity for career progression once skills and competencies are achieved and the employee is required to carry out the relevant level of work. The following factors will be used to enable employees to be reclassified –

1. Formal Post Trade Qualifications.

2. Agreed Recognition of Prior Learning at the Workplace level.

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3. A formal skills assessment of Engineering Personal by an agreed assessment provider for example MISTAS.

4. Performance of work at the relevant higher level.

5. A combination of the above. 4.3.4 Management and Leadership Training DPI Forestry recognises the integral role of middle management in the effective implementation of business objectives. To deliver business outcomes and enhance employee leadership capability and management skills DPI Forestry commits to the development, promotion and delivery of a relevant education and training program for FO5 employees and above. Topics for inclusion in the education programs include:

• Contemporary Leadership/People Management Practices

• Diversity/EEO

• Recruitment and Selection

• Performance Management

• Workplace Health and Safety/Injury Management

• Harassment 4.3.5 Computer Access DPI Forestry recognises the value of computers in the effective dissemination of information and as a tool for learning for all staff. DPI Forestry commits to broadening the range of access to computers to wages staff who do not require computer access to fulfil their job requirements. The following principles shall apply:

• Expressions of interest will be called for wages staff who wish to participate;

• Access to computer hardware will be implemented on a location by location basis;

• Access will be managed under local arrangements that do not interfere with existing work programmes;

• Training offered will be basic and comprise Desktop and Basic Microsoft Office packages (eg Microsoft Word) and Forweb at each location as required.

DPI Forestry commits to finalising an expression of interest process in relation to computer access and familiarisation training within three (3) months from commencement of the Agreement. Arrangements to access computers and provide familiarisation training will be put in place within six (6) months from the commencement of the Agreement. 4.4 Review of Wages Classification Structure under the Forestry Employee Award The parties commit to reviewing the wages classification structure under the FEA to develop a new structure to meet the organisational and operational needs of the business and to provide employees with appropriate remuneration and opportunities for career progression. The broad aims of the review include:

• To identify a series of wage classification levels that appropriately reflects the requirements of the range of jobs currently undertaken within DPI Forestry.

• To assist in attracting and retaining staff at all levels within the organisation and enhancing the skill levels and career prospects for talented employees.

• To ensure that the wages structure supports the needs of a contemporary forest growing organisation in terms of meeting the commercial challenges associated with organisational survival and growth in an increasingly competitive forest production environment.

• To ensure that the new classification structure is able to generate efficiency dividends and productivity savings for DPI Forestry.

A working party will be established to conduct the review comprising representatives from DPI Forestry Management, Unions and DIR. This working party will be established within one (1) month of certification of this Agreement to undertake the review process.

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The tasks of the working party will include:

• To clearly identify issues existing with the current classification structure.

• To develop a template for a revised classification structure which meets the broad aims identified in this agreement.

• To engage suitably qualified and agreed external resources to assist in the review process as necessary. In undertaking the review the working party will be mindful of the following issues which have been identified as concerns by various parties to this Agreement:

• The need to review and recognise appropriate classification relativities.

• The need to enhance opportunities for advancement and/or skill acquisition by wages employees.

• The cost and complexity associated with administering the current structure, associated allowances, and higher duties arrangements.

• The need for enhanced skills delivery and efficiency of workplace operations. The working party will provide a report and recommendations on its finding, which will be submitted to government for approval prior to implementation. The aim of the working party is to have the outcomes of the classification structure review implemented within 12 months of certification of this agreement. All processes associated with any such variation will be expedited by the parties to the Agreement. It is the intention of the parties to resolve all outstanding issues through direct negotiation and consultation. Where any party is dissatisfied with progress in the development of the new classification structure, the matter may be referred to the Queensland Industrial Relations Commission 4.5 Improved Working Conditions 4.5.1 Work-Family Life Balance DPI Forestry will continue to examine possibilities of more flexibility for its employees with respect to a work-family life balance during the life of this Agreement in consultation with the Department of Industrial Relations. 4.5.3 Spread of Hours for Part-Time and Casual Salaried Employees

Under the PSA casual and part-time employees not participating in bank time arrangements have a spread of hours from 9.00am to 5.00pm. The parties agree that the spread of hours for these employees will be 7.00am to 5.00pm with actual work times to be agreed with affected employees.

4.5.4 Barracks Accommodation DPI Forestry recognises the need for employees to access telephone services in situations where barracks are occupied on a regular basis. It also acknowledges the desirability of contributing to the leisure facilities in barracks in these same circumstances. In this regard, DPI Forestry commits to upgrading telephone services and providing a TV and DVD in the following locations: Gallongowan, Dunmore, Barakula, Passchendaele, Kalpower and Jimna. These commitments will be delivered within six (6) months from the commencement of the Agreement.

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4.5.5 Review of Salary Employee Positions DPI Forestry will put in place a procedure to manage the review of Position Descriptions in accordance with the Recruitment and Selection Directive 01/04. Any new proposal arising from this procedure will be the subject of consultation with OPSME and the SBU. 4.5.6 Overlap of Classification Bands (a) In recognition of improved performance and the increase in responsibility and accountabilities assumed by some officers, a salary overlap system will remain in place for the life of this agreement based on the following criteria:

• Employees are at the top of their current classification level (for at least 12 months);

• Overlap justification to recognise delegations (decision making), as required of commercial operations, and/or ability to competently carry out that role;

• Job evaluation score falls in the bottom third of the next level (as currently reflected using JEMS methodology. Note: Scores falling in the bottom third of the next classification level are excluded from reclassification;

• The officer is performing at the higher level, and the officer carries out the delegation equivalent for that role, as assessed through a performance appraisal process;

• Position description to include quantifiable performance measures;

• Performance assessment against position performance measures support payment at the higher level pay points. This assessment is proposed to be a separate process to the current PR&D arrangements;

• Maximum overlap maximum equates to progression to two pay points into the next higher classification level, i.e. an employee can progress two pay points into the next classification level, as an extension of the current classification level;

• Current paypoint progression arrangements will be used in the progression;

• Employees falling under the DPI Professional and Technical Progression Scheme will be excluded from arrangements under this provision.

(b) Implementation of the DPI Forestry classification overlap proposal is subject to :

• Granting of exemption by the Public Service Commissioner/DG, DIR from Directive 1/04. 4.5.7 DPI-Forestry Promotion Scheme (a) The following arrangements shall substitute for processes determined under Section 78 of the Public Service Act 1996 and relevant Directives –

• Application of the DPI-Forestry Promotion Scheme may be considered as an alternative to open or closed merit selection in situation where an incumbent (temporary or permanent status) is carrying out a role which is reclassified to one higher classification of the same status.

• The decision to apply the Promotion Scheme or other merit selection will reside with the organisation’s management.

• There is no obligation for management to use the Promotion Scheme in all situations, and the option does not preclude other selection processes, such as open merit, operating.

(b) The DPI-Forestry Promotion Scheme –

• Only applies to DPI-Forestry employees, other than employees falling under the DPI Profession and Technical Progression Scheme.

• Is to be used to assist the organisation to manage staffing levels, and assist staff development and staff retention.

• May be used where the employee to be trialled (temporary or permanent) was last appointed under an open or closed merit selection processes. That is, the Promotion Scheme is not to be repeatedly used to promote an employee.

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• Requires temporary employees promoted under the Scheme to remain as temporary.

• May be used only where the new classification level is one higher (and no more) than previously.

• Enables merit in selection to be retained through the use of the following processes:

The position description is to include quantifiable performance measures upon which to gauge ٭performance.

The appointee is to have been assessed under a formal performance review process as fitting the role’s ٭current (and anticipated future) requirements.

The appointee must satisfactorily meet the position’s new selection criteria prior to a trial appointment ٭basis.

The appointee is to act in the position on a trial basis for up to six (6) months (no less than three (3) ٭months)

Certification (reference) from two or more key stakeholders in the successful performance of the position ٭support permanent appointment.

• Requires that where another employee can demonstrate higher merit and therefore may have been unfairly treated

as a result of the use of the DPI-Forestry Promotion Scheme, the DPI-Forestry Promotion Appeal Arrangements can by utilised.

(c) Implementation of the DPI-Forestry Promotion Scheme is subject to -

• Granting of exemption by the Public Service Commissioner/DG, DIR from Directive 1/04, 6.4(d)(v) for appointment to positions under the DPI-Forestry Promotion Scheme.

• The condition that any exemption arrangements will be restricted to the life of this Agreement. 4.5.8 DPI-Forestry Promotion Appeal Arrangements (a) The following promotion appeal arrangements shall substitute for processes determined under the Public Service Act, Section 95(5), and Directive 6/03 5.6(c), once exemption approval has been received from the Public Service Commissioner/DG, DIR. (b) Promotional Appeal Arrangements proposed are:

• Employees covered by the Public Service Act, will be bound by arrangements under this Agreement with regard to appeals against promotional appointment decisions within DPI-Forestry. All other applicants have no right of appeal.

• An applicant, with the right of appeal, may register an appeal with the Executive Director – DPI-Forestry within ten (10) working days of gazettal of the appointment.

• On an appeal, the matter will be referred to an independent adjudicator jointly nominated by the parties to the Agreement.

• The adjudicator is to receive:

Statements from the appellant (or union on behalf of appellant), and Management representative, within 10 ٭working days.

.Access to any and all documentation pertaining to the matter within 10 working days ٭

.Reasonable access to individuals, collectively and/or separately, as required ٭

• The adjudicator is to review the case, and provide written recommendation to the Executive Director – DPI-Forestry, and parties to the case within ten (10) working days from receipt of all statements.

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• Recommendations are to identify if there is a case for an appeal to uphold, and in such circumstances, reason(s) for this recommendation, and what changes in process (if any) are to take place to address the appeal. The adjudicator is not requested to determine which appointee or appellant is the more meritorious, but rather what changes to the current DPI Recruitment and Selection process should be made to ensure the process selects the most meritorious person. Within this context the Adjudicator is to follow guidelines laid down in the Public Service Act in framing a recommendation.

• Once recommendations of Adjudicator have been raised, the Executive Director (DPI-Forestry) is to determine the matter within ten (10) working days.

• Appeals against the Executive Director’s decision follow arrangements under the relevant Act, ie. The Judicial Review Act.

4.5.9 Transfer at Level Arrangements (a) Staff may be voluntarily transferred to a vacant position at current or lower classification level, or equivalent in classification translation terms, where the employee can demonstrate satisfactory, or expected satisfactory, performance based on previous work experience and demonstrated competencies, qualifications, or equivalent, and

• Where the employee’s current position can be identified and justified as potentially redundant or

• Where an employee is to be transferred after a period in a location identified as falling under DPI-Forestry’s Remote Area Incentive Scheme (RAIS)

or • Where an employee’s transfer can be justified under compassionate or other significant extenuating reasons

or • Where an employee is already identified for transfer under the DPI-Forestry Transfer Arrangements

(b) The above order of priority applies should more than one (1) employee request transfer to the same vacancy. Where more than one employee is in the same category, a closed merit selection will apply. 4.5.10 Trainee Transfer Arrangements As from the date of operation of this Agreement, DPI-Forestry employees engaged specifically under a training arrangement for a fixed term period, and who are required to relocate to centres throughout the State as part of the training arrangement, will receive relocation costs in the form of private vehicle mileage, reimbursement of reasonable accommodation costs and meal expenses incurred in transit during such relocation. Whilst these employees are engaged at centres for the purposes of training, they will receive reimbursement for accommodation and living costs to the extent of the current camp allowance rate. These arrangements supersede any entitlements to employee under Determinations, Directive or the relevant Award relating to travelling and relieving allowances or locality Allowances. 4.5.11 Appointment of Graduates in Training to Permanent Positions Based on initial selection of Degree and Diploma graduates upon intake, appointment of these “Graduates in Training” will occur to permanent positions after completion of their training program, based upon workforce needs and subject to satisfactory work experience and performance. This initiative will occur in consultation with the SBU and approval from the DIR. 4.5.12 Work Away from Headquarters Travelling and relieving allowances/expenses as provided for in the applicable DIR Directive shall apply to full-time and part-time general employees from date of certification of this Agreement. Provided that employees who are required to camp and are entitled to camp allowance will be paid the award prescription of $49.80 per day in lieu of camp allowance when they are required to camp in departmental barracks away from their normal headquarters overnight.

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It is further provided that employees who are classified as permanently engaged on firebreak/road construction and maintenance work are entitled to the award prescription of $49.80 per day when they travel away from their normal headquarters overnight and stay in a departmental barracks. 4.5.13 Local Workplace Agreements (1) Changes to existing employment conditions which contribute to increased productivity and employee benefits can be initiated by employees and management through consultation at the workplace. Local union delegate(s) and/or officials may assist employees to develop a proposal, as appropriate. Proposals are to be formally documented, including any trial or sunset arrangements. Such proposals are to be forwarded to the SBU. (2) The SBU shall review, and may refine proposals as necessary. Subject to acceptance of the proposal by the SBU, a jointly agreed information statement will be provided to affected employees outlining issues and explaining reasons for any changes made to the proposal prior to ballot. (3) Implementation of local workplace agreement initiatives require the support of the affected employees by means of:

• A ballot with an outcome (for work groups) of 75% of affected employees in a work group being in favour of the proposed Local Workplace Agreement; or

• The employee(s) concerned, if the matter does not require a work group approach. The SBU will subsequently approve the commencement of, and monitor the results during, local workplace agreement initiatives. 4.5.14 Waiting Time

Where a wages processing error by DPI Forestry employees results in unpaid wages, overtime and allowances, the following action is to be taken:

• Underpayments of less than $50 to be reimbursed within one (1) working day.

• Underpayments of more than $50 to be reimbursed within two (2) working days.

These actions will take place once such errors have been brought to the attention of the relevant DPI Forestry payroll employees.

A record of instances where payment was not made within the above timeframes will be kept, with details of necessary actions to prevent a recurrence provided to the SBU for attention.

4.5.15 Purchased Leave

For the life of this agreement DPI Forestry commits to purchase leave provisions as provided in DPI & F Corporate Standard HR.6.019 “Purchased Leave”.

4.6 Consultation/Communication

The parties to this Agreement are committed to continuing a relationship that will facilitate a cooperative and positive working environment.

Communication with employees will continue to be enhanced by a range of methods including:

(a) a commitment by all Managers to be accessible and regularly consult with employees and union representatives at the local level;

(b) holding periodic planning and review sessions with employees; and (c) using a range of methods of communication (where possible) to update all employees on key developments and

issues.

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4.7 Flexibility in Disciplinary Penalties

1) It is agreed that all wages employees will be subject to the same disciplinary penalties other than transfer or redeployment, and suspension policy as those applying to public service officers within DPI Forestry.

2) Accordingly, the provisions of Part 6 - Disciplinary Action, section 88, except clause 88 (3) (c), and sections 89, 91 and 92 (including relevant schedules) of the Public Service Act 1996 are incorporated into this agreement with the word "officer" in relevant sections being replaced by "wages employee".

3) The extending of penalties short of dismissal shall apply only where due disciplinary process has been applied, and where management and union representatives mutually agree to their application.

PART 5 – BUSINESS COMMITMENTS & BENEFITS In consideration for the payments provided for in clause 3.3 the parties by agreement will develop a Business Improvement Program by 31 March 2006 that will focus on strategies to enhance the market value of DPI Forestry’s assets. These strategies will be focussed on reducing costs in a range of business areas to be identified and targeted over the life of the Agreement, including a commitment to the implementation of strategies for the reduction of WorkCover premiums. It is not intended that these targets will impact on key work programmes. However, they will be consistent with imperatives identified in the Business Plan 2006-2010. PART 6 - FIRE MANAGEMENT The parties recognise that fire management is an integral part of DPI Forestry business and work activities. In recognition of competencies required by staff to protect DPI Forestry property, an all purpose allowance of $20.00 per fortnight shall be paid to all permanent general and salaried employees where a current accreditation for Fire Fighting Level 1 is held or where the employee has been trained in Logistical and Operational Support for Incident Control. The allowance will also be paid to temporary and casual employees who are required by DPI Forestry to undertake fire fighting and/or fire support duties as part of an operational role. The allowance will be paid on the following basis:

• General employees and salaried field staff will be paid for the entire year in recognition of their front line fire management role including wild fire control and prescribed burning activities that may be undertaken throughout the year.

• Salaried office based staff will be paid the allowance during the normal DPI Forestry declared summer fire season of 1 August to 31 January in recognition of providing back up fire fighting and support services during this high risk period.

DPI Forestry will determine the allocation of employees to undertake either the fire fighting accreditation training or the logistics training. This determination will be made in consultation with staff concerned, taking into consideration work place health and safety assessments and the requirements of the organization. Staff in receipt of the allowance must be ready, willing and able to undertake fire management duties relative to their training. DPI Forestry will ensure fire fighting training or logistics training is provided within three (3) months of the certification of this agreement for participating staff. Participants will have access to the allowance from the commencement of this agreement. For office based salaried staff this will mean that upon accreditation/completion of training the allowance will be paid in accordance with the recognised fire season period as follows:

• 1 November 2005 until 31 January 2006

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• 1 August 2006 until 31 January 2007

• 1 August 2007 until 31 October 2007 During the life of the agreement DPI Forestry will ensure fire fighting and logistical and operational support training will be available for accreditation purposes. PART 7 – CLOSED AGREEMENT This agreement is in full and final settlement of all parties’ claims for its duration. It is a term of this agreement that the no party will pursue any extra claims relating to wages or conditions of employment whether dealt with in this agreement or not. This agreement covers all matters or claims that could otherwise be subject to protected industrial action. It is agreed that the following changes may be made to employee’s rights and entitlements during the life of this agreement:

(a) General Rulings and Statements of Policy issued by the Queensland Industrial Relations Commission that provide conditions that are not less favorable than current conditions;

(b) Any improvements in conditions that are determined on a whole-of government basis; and

(c) Reclassifications. Unless inconsistent with the terms of this agreement, the entitlement of employees covered by this agreement as contained in awards, agreements, Ministerial Directives or determinations made under the Public Service Act 1996 effective at the date this agreement was made shall not be reduced for the life of this agreement. PART 8 – DISPUTES AVOIDANCE AND SETTLEMENT PROCEDURES

(1) The objectives of this procedure are the avoidance and resolution of any disputes over matters covered by this Agreement, by measures based on the provision of information and explanation, consultation, co-operation and negotiation.

(2) Subject to legislation, while the dispute procedure is being followed, normal work is to continue except in the case of a genuine safety issue. The status quo existing before the emergence of a dispute is to continue whilst the procedure is being followed. No party shall be prejudiced as to the final settlement by the continuation of work.

(3) There is a requirement for management to provide relevant information and explanation and consult with the appropriate employee representatives.

(4) In the event of any disagreement between the parties as to the interpretation or implementation of this Agreement, the following procedures shall apply:

(a) the matter is to be discussed by the employee’s union representative and/or the employee(s) concerned

(where appropriate) and the immediate supervisor in the first instance. The discussion should take place within twenty-four (24) hours and the procedure should not extend beyond seven (7) days;

(b) if the matter is not resolved as per (a) above, it shall be referred by the union representative and/or the employee(s) to the appropriate management representative who shall arrange a conference of the parties to discuss the matter. This process should not extend beyond seven (7) days;

(c) if the matter remains unresolved it may be referred to the employee and/or their nominee and the SBU for discussion and appropriate action. This process should not exceed fourteen (14) days;

(d) if the matter is not resolved then it may be referred by either party to the QIRC for conciliation, or if necessary, arbitration.

(5) In terms of the Industrial Relations Act 1999, the QIRC is empowered by this Agreement to settle and determine any matters in dispute.

(6) Nothing contained in this procedure shall prevent the SBU from intervening in respect of matters in dispute, should such action be considered conducive to achieving resolution.

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PART 9 – UNION ENCOURAGEMENT

(1) DPI Forestry recognises the right of individuals to join a union and will encourage that membership. However, it is also recognised that union membership remains at the discretion of individuals.

(2) An application for union membership and information on the relevant union/s will be provided to all employees as part of induction materials. Advice shall be provided to union parties relating to timing and venues of planned group induction sessions. Relevant union information and membership application forms are to be supplied by relevant unions.

(3) Union representative(s) and/or officials will be provided with the opportunity to discuss individually and privately union membership with new employees.

(4) Where requested by the relevant unions, DPI Forestry will provide payroll deduction facilities for union subscriptions.

PART 10 – UNION DELEGATES

(1) DPI Forestry acknowledges the constructive role democratically elected union delegates undertake in the workplace in relation to union activities that support and assist members. That role will be formally recognised, accepted and supported.

(2) DPI Forestry’s employees will be given full access to union delegates/officials during working hours to discuss any employment matter or seek union advice, provided that service delivery is not disrupted and work requirements are not unduly affected.

(3) Provided that service delivery and work requirements are not unduly affected, delegates will be provided convenient access to facilities for the purpose of undertaking union activities. Such facilities include: telephones, computers, e-mail, photocopiers, facsimile machines, storage facilities, meeting rooms and notice boards. It is expected that management and delegates will take a reasonable approach to the responsible use of such facilities for information and communication purposes.

(4) Subject to the relevant employee’s written approval and any confidentiality provisions, delegates may request access to documents and policies related to a member’s employment.

(5) Union Delegates will be entitled to their own copy of the Agreement. For this purpose, DPI Forestry will supply copies to the respective union offices who will distribute the copies to their delegates.

PART 11 – COLLECTIVE INDUSTRIAL RELATIONS DPI Forestry is committed to collective agreements with unions and does not support non-union agreements, Queensland Workplace Agreements or Australian Workplace Agreements.

The parties to this Agreement acknowledge that structured, collective industrial relations will continue as a fundamental principle. The principle recognises the important role of unions in the workplace and the traditionally high levels of union membership in the workplaces subject to this Agreement.

The parties to this Agreement support constructive relations between the parties and recognise the need to work co-operatively in an open and accountable way.

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PART 12 – INDUSTRIAL RELATIONS EDUCATION LEAVE

(1) Industrial relations education leave is paid time off to acquire knowledge and competencies in industrial relations. Such knowledge and competencies can allow employees to effectively participate in consultative structures, perform a representative role and further the effective operation of grievance and dispute settlement procedures.

(2) Employees may be granted up to five (5) working days (or the equivalent hours) paid time off (non-cumulative) per calendar year to attend industrial relations education sessions. Approval of such time off is by the Executive Director or delegated authority.

(3) Additional leave, over and above five (5) working days non-cumulative (or the equivalent hours) in any one calendar year may be granted where approved structured employees’ training courses involve more than five (5) working days (or the equivalent). Such leave will be subject to consultation between the Executive Director (or delegated authority), the relevant union and the employee.

(4) Upon request and subject to approval by the Executive Director (or delegated authority), employees may be granted paid time off in special circumstances to attend Management Committee Meetings, Union Conferences, and ACTU Congress.

(5) The granting of industrial relations education leave or any additional leave should not impact adversely on service delivery, work requirements or the effectiveness and efficiency of the work unit concerned. At the same time such leave shall not be unreasonably refused.

(6) At the discretion of the Executive Director, employees may be granted special leave without pay to undertake work with their union. Such leave will be in accordance with the Ministerial Directive 10/01 “Special Leave” in relation to special leave without salary. Conditions outlined in this Directive that provide for the employees’ return to work after unpaid leave shall apply.

(7) In addition to the above, and subject to agreement of the parties, industrial relations education sessions where feasible may be arranged to ensure joint delivery by union and employer officers.

PART 13 – RENEWAL OF AGREEMENT The parties to this Agreement shall commence discussions for a replacement agreement within six (6) months prior to the nominal expiry date of the Agreement by any party giving all other parties at least four (4) weeks notice in writing. Provided that in any case discussions will commence no later than three (3) months prior to the nominal expiry date

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APPENDIX 1 Wage Increase Date 01/11/2005 01/11/2006 Fortnightly rates 4% 4% Or$30/wk Or$30/wk Level Current Rates 1st Increase 2nd Increase FO1 1 $857.20 $917.20 $977.20 2 $928.20 $988.20 $1,048.20 3 $999.10 $1,059.10 $1,119.10 FO2 1 $1,160.30 $1,220.30 $1,280.30 2 $1,199.30 $1,259.30 $1,319.30 3 $1,238.70 $1,298.70 $1,358.70 4 $1,278.50 $1,338.50 $1,398.50 5 $1,311.30 $1,371.30 $1,431.30 6 $1,349.40 $1,409.40 $1,469.40 7 $1,388.30 $1,448.30 $1,508.30 8 $1,428.90 $1,488.90 $1,548.90 FO3 1 $1,552.00 $1,614.10 $1,678.70 2 $1,611.30 $1,675.80 $1,742.80 3 $1,649.70 $1,715.70 $1,784.30 4 $1,703.40 $1,771.50 $1,842.40 T $1,806.00 $1,878.20 $1,953.30 FO4 1 $1,806.00 $1,878.20 $1,953.30 2 $1,885.50 $1,960.90 $2,039.30 3 $1,952.50 $2,030.60 $2,111.80 4 $1,985.90 $2,065.30 $2,147.90 FO5 1 $2,092.90 $2,176.60 $2,263.70 2 $2,153.70 $2,239.80 $2,329.40 3 $2,214.30 $2,302.90 $2,395.00 4 $2,274.50 $2,365.50 $2,460.10 FO6 1 $2,401.30 $2,497.40 $2,597.30 2 $2,477.10 $2,576.20 $2,679.20 3 $2,513.20 $2,613.70 $2,718.20 4 $2,569.20 $2,672.00 $2,778.90 T $2,622.40 $2,727.30 $2,836.40 FO7 1 $2,687.10 $2,794.60 $2,906.40 2 $2,751.90 $2,862.00 $2,976.50 3 $2,816.50 $2,929.20 $3,046.40 4 $2,881.20 $2,996.40 $3,116.30 FO8 1 $2,977.30 $3,096.40 $3,220.30 2 $3,034.40 $3,155.80 $3,282.00 3 $3,091.30 $3,215.00 $3,343.60 4 $3,148.60 $3,274.50 $3,405.50 FO9 1 $3,282.30 $3,413.60 $3,550.10 2 $3,352.20 $3,486.30 $3,625.80 3 $3,422.10 $3,559.00 $3,701.40 Trainee FOT $638.20 $698.20 $758.20

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Wage Increase Date 01/11/2005 01/11/2006 Weekly rates 4% 4% Or$30/wk Or$30/wk Level Current Rates 1st Increase 2nd Increase

Forestry Employee's Award FW11 $ 558.40 $ 588.40 $ 618.40 FW21 $ 571.40 $ 601.40 $ 631.40 FW22 $ 584.50 $ 614.50 $ 644.50 FW31 $ 610.60 $ 640.60 $ 670.60 FW32 $ 623.90 $ 653.90 $ 683.90 FW33 $ 650.80 $ 680.80 $ 710.80 FW41 $ 677.40 $ 707.40 $ 737.40 FW42 $ 705.00 $ 735.00 $ 765.00 Engineering Award – State C14 $ 509.10 $ 539.10 $ 569.10 C13 $ 530.00 $ 560.00 $ 590.00 C12 $ 557.90 $ 587.90 $ 617.90 C11 $ 583.90 $ 613.90 $ 643.90 C10 $ 623.90 $ 653.90 $ 683.90 C9 $ 650.80 $ 680.80 $ 710.80 C8 $ 677.40 $ 707.40 $ 737.40 C7 $ 705.00 $ 735.00 $ 765.00 C6 $ 763.50 $ 794.00 $ 825.80 Building Trades Public Sector Award – State TP $ 623.90 $ 653.90 $ 683.90 TPA $ 567.30 $ 597.30 $ 627.30 GRP 7(8) $ 677.40 $ 707.40 $ 737.40 Trainees FWT Level 1 $ 410.60 $ 440.60 $ 470.60 FWT Level 2 $ 445.80 $ 475.80 $ 505.80 ADT $ 500.40 $ 530.40 $ 560.40

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Signed for and on behalf of DPI Forestry Signature: ............................................................ Print Name: ............................................................ Designation ............................................................ Dated: ............................................................ In the presence of Signature: ............................................................ Print Name: ............................................................ Dated: ............................................................ AND

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Signed for and on behalf of The Australian Workers’ Union of Employees, Queensland Signature: ............................................................ Print Name: ............................................................ Designation ............................................................ Dated: ............................................................ In the presence of Signature: ............................................................ Print Name: ............................................................ Dated: ............................................................ AND

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Signed for and on behalf of The Construction, Forestry, Mining and Energy, Industrial Union of Employees, Queensland Signature: ............................................................ Print Name: ............................................................ Designation ............................................................ Dated: ............................................................ In the presence of Signature: ............................................................ Print Name: ............................................................ Dated: ............................................................ AND

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Signed for and on behalf of The Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees Signature: ............................................................ Print Name: ............................................................ Designation ............................................................ Dated: ............................................................ In the presence of Signature: ............................................................ Print Name: ............................................................ Dated: ............................................................ AND

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Signed for and on behalf of The Queensland Public Sector Union of Employees Signature: ............................................................ Print Name: ............................................................ Designation ............................................................ Dated: ............................................................ In the presence of Signature: ............................................................ Print Name: ............................................................ Dated: ............................................................ AND

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Signed for and on behalf of The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees Signature: ............................................................ Print Name: ............................................................ Designation ............................................................ Dated: ............................................................ In the presence of Signature: ............................................................ Print Name: ............................................................ Dated: ............................................................ AND

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Signed for and on behalf of The Federated Engine Drivers’ and Firemen’s Association of Australasia, Queensland Branch, Union of Employees. Signature: ............................................................ Print Name: ............................................................ Designation ............................................................ Dated: ............................................................ In the presence of Signature: ............................................................ Print Name: ............................................................ Dated: .................................................

.............................. Industrial Registrar

Operative Date: Certified Agreement --- DPI Forestry Certified Agreement 2005 This agreement is certified under Chapter 6, Part 1, Division 2 of the Industrial Relations Act 1999. Commissioner Filed on ,certified by the Commission and given Register No. of 200 , in the Certified Agreements Register.

.............................. Industrial Registrar

Operative Date: Certified Agreement --- DPI Forestry Certified Agreement 2005

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Attachment B

I, Garry John Hannigan, Assistant Director- General, DPI Forestry, Department of Primary Industries and Fisheries the deponent, of 160 Mary St, Brisbane 4001 make oath and solemnly and sincerely affirm and declare as follows – 1. I am the Assistant Director-General of DPI Forestry and I am authorised under the Act and rules to make this

affidavit. 2. The agreement, attachment A is not for a new business, a project agreement or a multi-employer agreement. 3. The agreement is made with 6 employee organisations. 4. The full names and addresses of the employee organisations are –

The Australian Workers Union of Employees, Queensland 12th Floor, 333 Adelaide St Brisbane Qld 4000 The Construction, Forestry, Mining and Energy, Industrial Union of Employees, Queensland 2nd Floor, Union House 366 Upper Roma St Brisbane Qld 4000 The Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees 366 Upper Roma Street Brisbane Qld 4000 The Queensland Public Sector Union of Employees 96 Albert Street Brisbane Qld 4000 The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees Level 4 457 Upper Edward St Brisbane Qld 4000 The Federated Engine Drivers’ and Firemen’s Association of Australasia, Queensland Branch, Union of Employees 2nd Floor, Union House 366 Upper Roma St Brisbane Qld 4000

5. The employer, DPI Forestry ABN 43 300 906 356 of 160 Mary St Brisbane 4001 is in the Forest Growing industry. 6. The name of the relevant awards are the –

Forestry Employees Award – Department of Primary Industries 2003 Queensland Public Service Award – State 2003 Engineering Award – State 2002 Building Trades Public Sector Award – State 2002 Employees of Queensland Government Departments (Other than Public Servants) Award – State 2003 Family Leave (Queensland Public Sector) Award – State 2004 Queensland Government Departments and Certain Government Entities Apprentices’ and Trainees’ Order

7. The number of female employees to be covered by the agreement is 210 8. The number of male employees to be covered by the agreement is 658 9. The number of apprentices to be covered by the agreement is NIL 10. The number of trainees to be covered by the agreement is 8 11. The name and address of each employer to be bound by the agreement is DPI Forestry, 160 Mary St Brisbane 4001

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12. The average percentage by which the wages of the employees to be covered by the agreement will increase under the Agreement compared with wages before the agreement is 4% per annum for the life of the agreement.

13. The nominal expiry date of the agreement is 31 October 2007 14. The steps taken to ensure compliance with section 143 of the Act were:

(a) DPI Forestry wrote to all relevant unions on 20 July 2005 inviting them to attend preliminary procedural discussions regarding the formulation of a new enterprise agreement on 1 August 2005.

(b) DPI Forestry received written notification of a proposal to make a Certified Agreement from the Australian Workers’ Union of Employees, Queensland on 6 October 2005 and the Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees on 20 October 2005.

(c) Formal negotiations commenced 14 days after receiving notification of the AWU proposal to make a certified agreement.

15. The steps taken to ensure compliance with section 144 were:

(a) All employees proposed to be covered by the agreement were issued with or given access to a copy of the proposed agreement at least 14 days prior to a ballot being conducted. Specifically, employees had access to the agreement via email, posting on the intranet site, posting on bulletin boards and distribution of hard copies on 10 January 2006. An email was also sent to all administration officers asking them to ensure all staff had access to a copy.

(b) All employees were advised of information sessions to be held in their area and supported to attend. (c) The terms of the proposed agreement were explained to all employees having regard to those employees with

particular needs, eg. women, persons from a non-english speaking background, young persons and persons with limited literacy or numeracy skills, in information sessions conducted throughout the state prior to the ballot.

(d) Participants at information sessions were able to freely ask questions to clarify any concerns they had regarding the draft Agreement. All staff were also provided with a contact list of union officials, management and human resources representatives able to answer questions regarding the draft Agreement.

(e) A state-wide secret ballot was conducted to seek approval of the proposed agreement from 1 February 2006 to 3pm 10 February 2006.

(f) The ballot resulted in a valid majority of relevant employee supporting the agreement: 670 voted in support of the agreement 54 voted against the agreement 6 returned an informal vote

16. The proposed agreement is not a project agreement, therefore section 145 does not apply. 17. The employer did not coerce, or attempt to coerce, any relevant employee not to make a request to a relevant

employee organisation to be represented by the employee organisation in negotiating with the employer about the agreement.

18. The employer did not coerce, or attempt to coerce, any relevant employee into withdrawing a request made by the

employee to a relevant employee organisation for the relevant employee organisation to represent the employee in negotiating the agreement.

23. The procedures for preventing and settling disputes are set out in Part 8 of the proposed agreement. 24. DPI Forestry remunerates all its men and women employees undertaking work of equal or comparable value

equally, therefore the requirements for equal remuneration of employees under section 156(1)(l) have been met. 25. The agreement attached passes the no-disadvantage test under chapter 6, part 1, division 3 of the Industrial Relations Act 1999.

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I swear that the facts set out above are true. Assistant Director-General, DPI Forestry - Deponent SWORN by the deponent at on before me [Justice of the peace]

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(Last page) PARTICULARS OF THE EMPLOYER Name: DPI Forestry ABN: 43 300 906 356 Business address: 160 Mary Street, Brisbane 4001 Address for service: GPO Box 944, Brisbane Qld 4001 Phone number or contact phone number: (07) 3247 5603 Fax number: (07)3225 8741 E-mail address Name: Mr Garry Crompton Position, title, office etc: Industrial Advocate Organisation, corporation, association, department business etc: The Australian Workers’ Union of Employees, Queensland Residential or business address: 333 Adelaide Street, Brisbane Address for service: GPO Box 88, Brisbane Qld, 4001 Phone or contact phone number: (07)3221 8844 Fax number: (07)3221 8700 E-mail address: garry.crompton@awu.org.au Name: Mr Jason Stein Position, title, office etc: Industrial Advocate Organisation, corporation, association, department business etc: The Construction, Forestry, Mining and Energy, Industrial Union of Employees, Queensland Residential or business address: 2nd floor, Union House, 366 Upper Roma Street, Brisbane Qld 4000 Address for service: as above Phone or contact phone number: (07)3236 2355 Fax number: (07)3236 2230 E-mail address: jstein@qld.cfmeu.asn.au Name: Mr Rohan Webb Position, title, office etc: Industrial Advocate Organisation, corporation, association, department business etc: The Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees Residential or business address: 366 Upper Roma Street, Brisbane Qld 4000 Address for service: PO Box 13006, George Street, Brisbane Qld 4003 Phone or contact phone number: (07)3236 2550 Fax number: (07)3236 2089 E-mail address: rohan.webb@amwu.asn.au Name: Mr Des Holloway Position, title, office etc: Industrial Advocate Organisation, corporation, association, department business etc: Queensland Public Sector Union of Employees Residential or business address: 96 Albert Street, Brisbane Qld 4000 Address for service: PO Box 15175, City East Qld 4002 Phone or contact phone number: (07)3017 6137 Fax number: (07)3017 6241 E-mail address: dgh@qpsu.org.au Name: Ms Penny Tovey Position, title, office etc: Director Organisation, corporation, association, department business etc: The Association of Professional Engineers, Scientists and Managers, Australia, Queensland Branch, Union of Employees Residential or business address: Level 4, 457 Upper Edward Street, Brisbane Address for service: as above Phone or contact phone number: (07)3832 1477 Fax number: (07) 3832 3268 E-mail address: ptovey@apesma.asn.au

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Name: Chris Price Position, title, office etc: Assistant State Secretary Organisation, corporation, association, department business etc: The Federated Engine Drivers’ and Firemen’s Association of Australasia, Queensland Branch, Union of Employees Residential or business address: 2nd floor, Union House, 366 Upper Roma Street, Brisbane Qld 4000 Address for service: as above Phone or contact phone number: (07)3236 2355 Fax number: (07)3236 2230 E-mail address: queries@qld.cfmeu.asn.au