THE PARTIES AGREE as follows:

Position description
The Employee will be employed by the company as a Level 4, Concrete
Products worker.
The Employees position will include the duties, responsibilities and
obligations outlined in the attached position description.
The Employee will also perform other duties as the Company may allocate to
the Employee from time to time. The Company reserves the right to alter the
Employee's position, duties, responsibilities and obligations as it sees fit from
time to time.
TERM OF EMPLOYMENT
This position is a full-time position commencing on a date to be determined by
the parties.
The Employee will be employed at Shed 5. 550A Alderley Street, Toowoomba.
It should be noted however that the Employees location may change during
the course of employment.
HOURS OF WORK
Ordinary hours
The normal working hours shall be up to 45 normal hours per week Monday to
Friday, consisting of 38 ordinary hours and up to 7 reasonable additional hours
compensated for in the employees annual salary.
Starting and finishing times are as directed by the Company between 5am
and 6pm. Where agreement is reached, alternative individual times may be
agreed. The Company may set a starting time on any day at any time
between 5am and 8am inclusive.
Reasonable additional hours (overtime) to be worked
The Company may require the Employee to work reasonable additional hours
that have been compensated for in the Employees annual salary.
The Employee may refuse to work additional hours if to work those hours
would be unreasonable. In determining whether additional hours are
reasonable or unreasonable the following must be taken into account:

(i) Any risk to Employees health and safety from working the additional hours.
(ii) The Employees personal circumstances, including any family
responsibilities.
(iii) The needs of the workplace/project, site or enterprise. Such needs include,
but are not limited to, unforeseeable delays in the programme; work that is
critical in ensuring site access; housekeeping activities, and maintenance.
(iv) The notice (if any) given by the Company of the requirement to work
overtime and the notice by the Employee to the Company of their intention to
refuse it.
(v) The usual patterns of work in the industry in which the Employee works.
(vi) Whether any of the additional hours are on a public holiday.
(vii) The nature of the Employees role, and the Employees level of
responsibility.
(viii) Whether the additional hours are in accordance with an averaging
arrangement in this agreement.
(ix) Any other relevant matter.
Time off in lieu
Subject to management approval, the Employee may take time off in lieu of
payment for excessive overtime, being those hours worked in excess of 45
hours per week. Time off in lieu may be banked and is accrued on a time for
time basis (e.g. for every one overtime hour worked, the Employee shall
receive one hour as time off in lieu). Time off in lieu is to be taken at times
agreed to between the Employee and the Company.
The Employee is only entitled to time off in lieu if it banked and agreed. Any
time off in lieu accrual will be recorded on the Employees payslip. All banked
time off in lieu will be paid out on termination.
LEAVE ENTITLEMENTS
The Employees leave entitlements are listed below.
Annual leave
For each year of service with the Company, the Employee is entitled to four
weeks of paid annual leave. The Employee accrues paid annual leave
progressively during a year of service according to the ordinary hours of work,
and annual leave accumulates from year to year.
Any accrued untaken leave shall be paid out on termination.
The Employee is entitled to take an amount of annual leave during a
particular period if:
(a) The amount of annual leave has accrued; and
(b) The Company has authorised the Employee to take the annual leave
during the requested period. Authorisation by the Company is subject to the
operational requirements of the workplace, but the Company shall not
unreasonably refuse or revoke its consent once given.
The Company may close the business down during the Christmas New Year
period. The Company may direct the employee to take accumulated annual
leave or unpaid leave during this period.
Personal/carers leave
As a full-time employee the Employee is entitled to accrue paid
personal/carers leave on the basis of ten days per year or pro-rated for any
period less than one year according to the Employees ordinary hours of work.

The Employee is entitled to two days of compassionate leave for each

occasion when a member of the Employees immediate family, or a member
of the Employees household contracts or develops a personal illness that
poses a serious threat to their life, or sustains a personal injury that poses a
serious threat to their life, or dies.
Personal leave may be taken because the Employee is not fit for work because
of a personal illness, or personal injury, affecting the Employee; or to provide
care or support to a member of the Employees immediate family, or a
member of the Employees household, who requires care or support because
of a personal illness, or personal injury, affecting the member; or an
unexpected emergency affecting the member.
Notice and evidence requirements
(a) An Employee must give the Company notice of the taking of leave. When
practicable, the Employee must advise the reason and likely duration of the
absence before 7am on the first day of the absence
(b) Where practicable and the circumstances permit, the Employee must
endeavour to arrange leave to minimise the impact on operational
requirements.
(c) The provision of appropriate reasonable documentary evidence including:
1 For sick leave, a medical certificate or, if it is not reasonably
practicable to provide a medical certificate, a statutory declaration
made by the Employee.
2 For carers leave, a medical certificate in respect to the family or
household member, or, if it is not reasonably practicable to provide a
medical certificate, a statutory declaration made by the Employee.
3 For compassionate leave, any reasonable evidence that the Company
requires.
Public holidays
Where the Employee would ordinarily be required to work on a day on which a
public holiday falls, the Employee is entitled to be paid on public holidays.
SALARY
The Employees gross salary will be $61,354.80 per annum inclusive of the
superannuation guarantee payments by the Company.
The breakdown of the salary package is as follows:
Base salary

$56,160.00 ($1,080.00
per week)
Superannuati $5,194.80
on

The employees salary is loaded to compensate for working up to 45 normal

hours per week, consisting of 38 ordinary hours and up to 7 reasonable
additional hours.
The employees salary includes a $1.00 per hour loading in compensation for
any work related allowances that may apply from time to time in accordance
with the Modern Award.
The employees salary includes the applicable industry allowance.
The Company will make superannuation contributions of 9.25% to the

Employees nominated superannuation fund or in accordance with the

Superannuation Guarantee (Administration) Act 1992 and any Regulations,
whichever is the greater.
The Company will review the Employees salary annually and will adjust same
in accordance with the Company's policy of annual review based on
performance, productivity and such other matters as the Company considers
in its absolute discretion to be relevant.
Any element of the Employees remuneration paid to the Employee in any pay
period, which is in excess of the minimum ordinary rate payable under a pay
scale in an industrial instrument or applicable legislation, for that pay period,
may be set-off by the Company against any amount payable to the Employee
in relation to any overtime, weekend work, shift work or paid leave that would
be otherwise payable to the Employee under any award, other industrial
instrument, or other law.
Payment of salary: The Employees salary will be paid on a weekly basis by
direct credit, into a bank account nominated by the Employee.
Compensation for all legal entitlements: Except as specifically provided for
under this contract, the Employees annual salary compensates the Employee
for any legal entitlement arising under an award, agreement or any other law
or legal instrument, such as, but not limited to, any periodic rate of pay,
overtime payments, weekend and holiday penalties, shift allowance, vehicle
allowance, travelling expense, penalty payments and annual leave loading. As
such any salary that the Employee receives that is greater than the
entitlement the Employee would receive under the NES, any applicable award,
agreement or any other law or legal instruments satisfies any other legal
entitlements where the Employee receive less than the minimum amount
under that law or legal instrument.
ANTI DISCRIMINATION
The parties agree that the effect of this letter is not to allow any conduct or
treatment either direct or indirect that would:
(a) Contravene the Anti Discrimination Act 1991
(b) Discriminate on the basis of family responsibilities.
TERMINATION
The Company may terminate this agreement at any time without prior notice
if the Employee:
(a) Commits any serious or persistent breach of any of the provisions of this
agreement
(b) Is guilty of serious misconduct or wilful neglect in the discharge of his or
her duties
(c) Becomes bankrupt or makes any arrangement or composition with his or
her creditors
(d) Becomes of unsound mind
(e) Is convicted of any criminal offence other than an offence which in the
reasonable opinion of the Company does not affect his position as an
Employee of the Company
(f) Becomes permanently incapacitated by reason of a non-work related
accident or illness from performing his duties under this agreement and for

the purposes of this clause incapacity in excess of 90 consecutive days or for

an aggregate period of six months in any period of 12 months will be deemed
to be permanent incapacity
(g) Fails to fulfil his/her duties, responsibilities and obligations pursuant to this
agreement to a satisfactory standard.
The Employee may terminate this agreement at any time by giving the
Company notice in writing for a period of not less than four weeks. The
Company will provide four weeks notice or as required by statute if this
produces a higher entitlement.
CONFIDENTIALITY
The Employee acknowledges that in the course of the Employees
employment they will have access to and be entrusted with commercially
sensitive information in respect of the business, financial dealings,
transactions, clients and the affairs of the Company and that such information
is or may be confidential.
The Employee will not at any time either during the continuance of his/her
employment or after the termination of his/her employment for any reason
divulge any of the affairs or secrets of the Company to any other company,
person or persons without the previous consent in writing of the Company, nor
use or attempt to use any information which he or she may acquire in the
course of his or her employment in any manner which may injure or cause
loss or be calculated to injure or cause loss to the Company.
Any compiled lists or database held by the Company, the Employee, a fellow
employee or third party for the company are confidential. The information
derives its confidentiality from the
secrecy surrounding it, if any, and because it was assembled or conveniently
arranged only for employees of the Company to access.
The Employee will use his/her best endeavours to prevent the publication,
disclosure or copying of any such information concerning the Company.
RESTRAINT
The Employee undertakes to the Company that he or she will not, and will
ensure that none of its associates (as defined in the Corporations Act 2001
(Cwlth) shall within the restraint period, be engaged in any business or
activity which involves the provision of services similar to those provided by
the Company or any Customer (for which Customer of the Company to that
the Employee provided services within the six months prior to the cessation or
termination of this contract) within the Brisbane area or any other area where
the Employee provided services to that Customer. For the purposes of this
clause, engaged or involved in includes direct or indirect involvement as
principal, agent, partner, employee, shareholder, unit-holder, director, trustee,
beneficiary, manager, consultant, advisor or financier.
In this clause restraint period means:
(a) Any period during the term
(b) A period of six months from the date of cessation or termination of this
contract; but if for any reason this period is unenforceable, then
(c) A period of three months from the date of cessation or termination of this
contract.
The covenant contained above shall be construed as if it was the number of
separate covenants which each resulting sub-clause being severable from

each other resulting sub-clause. If any such separate resulting sub-clause

shall be invalid or unenforceable for any reason, such invalidity or
unenforceability shall not prejudice or in any way affect the validity or
enforceability of any other resulting sub-clause.
If any of the prohibitions or restrictions contained in this clause is judged to go
beyond what is reasonable in the circumstances and necessary to protect the
goodwill of the business of the Company but would be judged reasonable and
necessary if any activity were deleted or a period or area were reduced, then
the prohibitions or restrictions apply with that activities deleted or period
reduced by the minimum amount necessary.
Each of the prohibitions and restrictions in this clause has effect as a separate
and severable prohibition or restriction and is not to be enforced accordingly.
The Employee acknowledges that all of the prohibitions and restrictions in this
clause are reasonable in the circumstances and necessary to protect the
business of the Company.
DUTIES
The Company may direct the Employee to carry out such duties as are
reasonably within the limits of the Employee's skill, competence and training
consistent with the Employee's classification provided that such duties are not
designed to promote deskilling.
The Company may direct the Employee to carry out such duties and use such
tools and equipment as may be required provided that the Employee has been
properly trained in the use of such tools and equipment.
OTHER EMPLOYMENT AND CONFLICT OF INTEREST
The Employee must promptly disclose to the Company any additional
employment that he or she contemplates or attends which relates to or is in
competition with the Company that may result in a conflict of interest. The
Company must assess the real or potential conflict in any individual case and
instruct the Employee to not engage in the proposed employment or
otherwise. Conflict of interest is a ground for termination of employment.
STAND DOWN
The Company may stand down the Employee and deduct payment for any day
or part day upon which the Employee cannot be usefully employed due to any
of the following circumstances:
1 Industrial action or participation in any industrial action.
2 A stoppage of work (other than for inclement weather within the
allowance prescribed by this agreement) for any cause, including breakdown of machinery or failure or lack of power, for which cause the
Company is not reasonably responsible.
DISCIPLINE
Where the Company believes that the Employee is not meeting the standards
of performance or conduct reasonably expected, the Employee may be
subject to the companys discipline procedures.
NATIONAL EMPLOYMENT STANDARDS
The NES are minimum standards under the Fair Work Act 2009 (Cwlth),
applying to employment of the Employee. The NES shall be read wholly in

conjunction with this contract.

The NES include:
1 Maximum weekly hours of work
2 The right to request flexible working arrangements
3 Parental leave and related entitlements
4 Annual leave
5 Personal/carer's leave and compassionate leave
6 Community service leave
7 Long service leave
8 Public holidays
9 Notice of termination and redundancy pay
10 A Fair Work Information Statement for all employees that make clear
their rights and entitlements under the new system and how to get
advice and help.
FITNESS FOR WORK
Under no circumstances will the Employee be affected by alcohol and/or
affected by any other drug whilst at work. The Employee must ensure that he
or she adheres to the companys occupational health and safety policies, rules
and procedures at all times in the workplace. Any breach of the companys
occupational health and safety policies, rules and procedures may be deemed
to be misconduct and may lead to disciplinary action or dismissal.
If, when the Employee is affected by alcohol or any other drug and is sent
home to recover, he or she will not be paid for the lost time. Attending for
work under the influence of alcohol and/or affected by any drug may be cause
for disciplinary action or termination of employment.
No alcohol and/or drugs will be permitted on company projects and the
Employee must not consume any alcohol during lunch, rest or crib breaks.
MOBILE PHONE
Where the Company provides a mobile telephone, it is to be used for the
purpose of Company business. The mobile telephone must not be used for
personal or recreational purposes and expenses for mobile phone calls will be
limited to the prescribed limit contained in the mobile phone plan. This plan
may change from time to time at the discretion of the Company. Any
additional costs over the limit or excess costs incurred will be paid by the
Employee.
The use of mobile phones on site may be considered a workplace health and
safety risk in certain circumstances. The Company may direct the Employee
not to use a mobile telephone in certain areas or during particular work times.
COMPANY PLANT, EQUIPMENT AND VEHICLES
Where vehicles, plant or equipment are provided, they are to be used for the
purpose of Company business. They shall not be used for personal or
recreational purposes or for the carrying of passengers, unless authorised by
the Company. Company vehicles, plant and equipment must be
driven/operated by Employees only. The Employee shall be responsible for the
following whilst in charge of the plant, equipment or vehicles:
1 Maintaining fuel, oil, water and any other fluid levels
2 Notifying the Company that servicing and or maintenance is required
3 Maintaining all interior and exterior appearance in a clean state

0
4
5
6

Keeping vehicles and/or plant locked/secured and in a secure place at

all times when not in use
Reporting to the Company any damage, however slight
Any liability arising from the carrying of unauthorised passengers,
breaches of road laws, or council parking regulations
Keeping any logbook up to date.

Any liability for any insurance excess will be the responsibility of the
Employee where the plant, vehicle or equipment is used for personal purposes
or the driver/operator is at fault or the driver/operator is under the influence
of alcohol or a prohibited drug.
Where the Employee is responsible for damage to the Companys or another
persons property or equipment due to the Employees negligence, the
Employee will be liable to pay for the damage.
A breach of the above provisions may lead to disciplinary action being taken
or termination of employment.
The Employee should not leave any personal possessions in Company vehicles
as the vehicle insurance may not cover any loss or damage to such personal
possessions.
HEALTH AND SAFETY
The employee will be made aware of the Companys occupational health and
safety policies, rules and procedures. The Employee is to ensure that they
adhere to the Companys occupational health and safety policies, rules and
procedures at all times in the workplace. Any breach of the Companys
occupational health and safety policies, rules and procedures may be deemed
to be misconduct and may lead to disciplinary action or dismissal.
Smoking is not permitted inside the Companys premises (including toilets) or
vehicles.
The Employee must immediately notify the company by completion of the
relevant form if they injure themselves at work or subsequently become
aware of any injury or disease that they may have sustained during the
course of employment with the Company.
COMPANY POLICIES
The Employee acknowledges that he/she has received a copy of the Company
employment policies and procedures containing the Company policies and
agrees to all the conditions contained within the document. These policies do
not form part of the contract of employment.
The Employee will comply with such other directions of the Company as set
out in the Company employment policies and procedures and other Company
policies as applicable and as varied by the Company from time to time. The
Employee will take the time to read the policies and
reacquaint himself or herself with the Company employment policies and
procedures and other Company policies (and their variations) from time to
time.
Please signify acceptance of these terms and conditions by signing the
enclosed duplicate and returning it to me.
I look forward to your contribution to the work of Company and wish you every
success in your appointment.
Yours sincerely

Darryn Payne
DIRECTOR
I, Brett Anderson, have read and understood this letter and accept the terms and
conditions contained in it. I believe the terms and conditions set out in this letter to be
fair and reasonable.
Signature:
Date: