REQUEST FOR PROPOSAL NO. 483520

KOGAN CREEK SOLAR BOOST PROJECT CONSTRUCTION PHASE ENGINEERING SUPPORT

CS Energy Ltd (ABN 54 078 848 745)

RFP Closing Date and Time: 2.00 pm EAST Thursday 2 December 2010

Issue Date: 17 November 2010

CONTENTS

SECTION A – REQUEST FOR PROPOSAL CONDITIONS 3

SECTION B – GENERAL CONDITIONS OF CONTRACT – 31

General conditions for the engagement of Consultants

SECTION C – THE BRIEF 47

SECTION D - CLIENT SUPPLIED DOCUMENTS 61

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SECTION A - REQUEST FOR PROPOSAL CONDITIONS

1. INTRODUCTION

CS Energy Limited (the Principal) is a owned Corporation generating electricity from operating sites located at:

CS Energy has a corporate office in and three operating sites: • - located near Biloela in central Queensland • - located near Mount Isa in north-west Queensland • - located near Ipswich in southeast Queensland. • Kogan Creek Power Station – located near Chinchilla in south Queensland

The Principal is responsible for the operation and maintenance of its electricity generating assets, with objectives to pursue opportunities to maximise value, reduce input costs, reduce plant down time and create a greater flexibility in generation capability.

To progress achieving these objectives, the Principal requires the expertise of specialised Contractors to provide defined services aligned to the objectives of the Strategic Sourcing Program to achieve:

. The lowest total cost option for purchased goods and services . Significant consolidation of the current supply base . Innovative supply solutions and service from Suppliers . Appointment of Suppliers that provide the best value to CS Energy . Best performance on safety and environmental management and incident prevention . Benefits from improvements throughout the life of the relationship . CS Energy – Supplier relationships that are based on high levels of transparency and cooperation and a philosophy of openness and trust.

2. GENERAL

In consideration of CS Energy requesting the Proposal and in consideration of CS Energy agreeing to consider the Proposal in accordance with these Conditions, the Respondent agrees to be bound by these Conditions.

The Respondent’s proposal shall address all requirements of the scope of work, summarised as Owner’s Engineering (OE) services, to support the construction of CS Energy’s Kogan Creek Solar Boost Project in accordance with the Brief.

The engineering services are being requested for both for a reduced OE scope as well as full OE scope of work.

Progression to award of contract for the abovementioned plant and services is fully dependent on final project approval by CS Energy. No contracts will be awarded in relation to this project without this approval, which has not been given at the time of release of this RFP. RFP 483520 – Kogan Creek Solar Boost Project Construction Phase – Engineering Support Page 3 of 61 Commercial in Confidence

3. REQUEST FOR PROPOSAL CONTENTS PAGE

The Request for Proposal (RFP) Contents page defines the Proposal and prospective Respondents shall ensure that the RFP is complete as detailed therein.

4. LANGUAGE AND UNITS OF MEASUREMENT AND STANDARDS

Each Proposal, together with any supporting documents, shall be written in the English language and measurements and quantities shall be in units consistent with the provisions of the National Measurement Act 1960 and subsequent amendments.

Any Australian Standard Publications referred to in the RFP are obtainable from the offices of Standards Australia and shall be the latest published version, unless otherwise stated.

5. NATURE OF CONTRACT

5.1 Lump Sum Contract

The Respondent shall set out the Lump Sum prices to perform the work in accordance with Schedule 5.

The Respondent shall provide a Schedule of Prices fully priced and summed to agree with the Lump Sum Fee.

If any correction shall be necessary in the Schedule of Prices to agree with the Lump Sum Fee, the Schedule of Prices will be adjusted accordingly.

5.2 Schedule of Rates Contract

The Respondent shall include a complete Schedule of Rates in accordance with Schedule 5. All items not specifically listed in the Schedule but necessary for the completion of the work in accordance with the Proposal shall be deemed to be included in the Schedule of Rates.

5.3 Separable Portions

The RFP does not incorporate separable portions as described in Section C – Scope of Work.

6. SUBCONTRACTORS

Respondents shall state in the proposal, the names and addresses of subcontractors whom it is intended shall be engaged upon work associated with the Contract. If the subcontractor for a particular item of work has not been selected, a list of candidate subcontractors from which the subcontractor is to be selected shall be submitted in the Proposal.

Where major elements of the work are to be subcontracted, the Respondent shall submit details of proposed subcontractors experience in work of similar type and magnitude.

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7. RESPONDENT TO ACQUAINT ITSELF

Where the Respondent requires clarification of any aspect of the RFP, enquiries in this regard shall be directed to the person nominated in the Section C of this RFP as the CS Energy’s Representative.

If at the time of submitting the proposal the Respondent still has any doubt as to the meaning of any part of the RFP, the proposal shall include a statement setting out the interpretation upon which the proposal is based.

Where any element of the work under the Contract is to be performed by the Respondent on premises provided by CS Energy, the Respondent will be deemed to have taken into account any impediments to, or facilities for, performance of that work element by the Respondent and to have made due allowance in the Fees submitted in the Proposal.

Claims for extra fees and/or expenses or for extra time under the Contract will not be allowed on the grounds that the Respondent claims insufficient information in the RFP or was not aware of conditions applicable to the premises on which the work is to be performed.

The Respondent agrees that: (i) all information provided by the Respondent in the Schedules is accurate; (ii) it has and shall maintain the necessary experience, skill and expertise to perform and complete the Works in accordance with the Contract; (iii) it shall maintain adequate resource levels throughout the period of the Proposal stage prior to award, including nominated key personnel required for the proper performance of the Contract; (iv) it shall ensure key personnel nominated in the Proposal negotiation phase must be available to provide continuing conformance to the Proposal; and (v) that a breach of any of the foregoing warranties shall be grounds for termination of the Contract and a claim for damages by CS Energy.

8. SITE INSPECTION

Not Used

9. ORAL ADVICE

Oral advice or information given or obtained in respect of this RFP shall not constitute a warranty or a representation to the Respondent and shall not be binding on CS Energy. CS Energy shall be bound only by advice or information furnished by the CS Energy in writing.

10. COMPLETION OF PROPOSALS

The RFP Schedules shall be signed by the Respondent.

The Respondent shall state - (a) In the case of an individual, the full first name or given names, last name and address; RFP 483520 – Kogan Creek Solar Boost Project Construction Phase – Engineering Support Page 5 of 61 Commercial in Confidence

(b) In the case of a business name, the Australian Business Number (ABN) the names and addresses of all proprietors and the address of the principal place of business; (c) In the case of a company, the full name of the company, the ABN and the address of the registered office of the company. Proposal schedules shall contain all information required by the RFP.

11. RESPONDENT'S STANDARD CONDITIONS

Conditions of tendering, contract or sale other than as set out in the RFP shall be excluded completely from forming part of the Proposal.

Any reasonable departures from the nominated conditions shall be set out in the proposed departures (Schedule 3), for consideration by CS Energy. Respondent’s are advised CS Energy makes no guarantee that it will consider proposed departures that are excessive in quantity and in direct conflict with this RFP conditions of contract. CSE makes no guarantee that it will accept any proposed departures.

12. FEES

(a) Currency All Fees shall be expressed in Australian currency (AUD). (b) Goods and Services Tax The Fees shall exclude Goods and Services Tax applicable to any goods or services to be supplied to CS Energy under the Contract. (c) Firm Price Fees Unless otherwise provided for in the RFP, Fees shall be submitted on a firm price basis. (d) Provision for Partial Proposal Unless the RFP provides otherwise the Respondent shall submit a Proposal for the whole of the work.

13. LODGEMENT OF PROPOSALS

13.1 RFP Schedule

The RFP Schedule is as follows:

Date Process Step Wednesday 17 November RFP issued to Respondents 2010 Monday 22 November 2010 Respondents declare intention to respond to RFP Monday 29 November 2010 Last day to submit questions and requests for clarification Thursday 2 December 2010 Closing date for RFP submission Friday 17 December 2010 Evaluation period for short listed Respondents ends

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13.2 Intention to respond to Request for Proposal

All recipients of this RFP are requested to notify CS Energy Ltd of their intention or otherwise to participate in this RFP process and lodge a Proposal. Recipients are asked to notify the CS Energy Commercial Representative by 2.00 pm AEST by 22 November 2010.

13.3 Questions and requests for clarification

All questions and requests for clarification must be received by 2.00 pm AEST by 29 November 2010.

13.4 Deadline for Request for Proposal Submission

Proposals must be lodged by 2.00 pm (the closing time) on the 2 December 2010.

The Proposal, complete with all supporting documents, shall become and remain the property of CS Energy.

13.5 Methods for the submission of Proposals

13.5.1 Post

Via Post, of a CD-ROM disk addressed to the Tender Box, CS Energy, PO Box 769, Brisbane Qld 4001 and be received at the above address by the closing date specified in 13.4 above.

13.5.2 Electronic Tender Box

CS Energy utilises the QLD Government e-tendering facility. All responses are to be lodged by accessing www.qgm.qld.gov.au.

Proposals submitted via this method must include an electronic copy of the Proposal by the closing date specified in 13.4 above.

All electronic Proposals must be submitted in PDF format and MUST NOT exceed 10mb peremail.

13.5.3 In Person

Via personal placement in the Tender Box, CS Energy, HQ North Tower, Level 2, 540 Wickham Street, Fortitude Valley, QLD, 4006 by the closing date specified in 13.4 above.

In Person as an electronic copy on CD_ROM disk.

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13.6 Late Submission

CS Energy may, at its discretion, reject a Proposal delivered after the closing time irrespective of the reason for the late delivery.

13.7 CS Energy’s Contact Details

For all correspondence in relation to this RFP:

Joanne Donnelly PO Box 769, Brisbane Qld 4001 E-Mail: [email protected]

Discussion with other parties within or associated with CS Energy may result in disqualification from this process.

Answers to all questions considered material to the RFP process will be emailed all Respondents who have indicated their intention to respond to this RFP in order to ensure fairness in the process.

14. OPENING OF PROPOSALS

Respondents or their representatives shall not be entitled to be present at the opening of the Tender Box and at the opening of Proposals.

15. CANVASSING

The canvassing by Respondents and/or their agents will be considered grounds for the rejection of a Proposal.

16. INFORMATION REQUIRED AFTER OPENING OF PROPOSALS

The Respondent shall provide, after the opening of Proposals, all additional information as may be requested by the CS Energy for evaluation of the Proposal.

Such information will normally be requested via issue of an Information Request Form to the Respondent. The form contains space for CS Energy’s request, reply by the Respondent, record of subsequent discussion at an interview (if applicable), final resolution and signature by the Respondent and CS Energy.

The Respondent shall be represented at such interviews by a responsible person(s) conversant with all aspects of the Proposal, who is/are authorised to make, at the interview, any decision on behalf of CS Energy.

The Respondent shall accept all costs associated with representation at any interview requested by CS Energy.

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Completed and resolved Information Requests will form part of the Proposal and will be incorporated in the Contract.

17. KEY EVALUTION CRITERIA

CS Energy is seeking to appoint Contractors who are able to demonstrate exceptional service delivery, quality, capability, account management, contract management, supply management and innovation. In addition Contractors must be able to demonstrate the potential to significantly add value to CS Energy’s overall business. During the contract term, CS Energy and its Contractors will work to continuously identify opportunities to improve service and reduce the total costs of materials. Ongoing management of this aspect of the Contract is a high priority deliverable and will feature as one of the Key Performance Indicator’s in any Contract awarded.

Respondents must provide competitive pricing. In addition to total cost, CS Energy will evaluate: • Experience and Capabilities • Service • Quality • Contract Management • Innovation • The Consultant’s expertise on similar projects • The Consultant’s proposed project management systems for the full OE scope • The Consultant’s technical and financial capability to carry out the Services • The Consultant’s approach to risk management • The Consultant’s proposed key personnel, including: o Availability o Power station experience o Familiarity with Work Health and Safety requirements o Familiarity with site work o Familiarity with power station outage work o Familiarity with testing and commissioning work o Familiarity with contract management, in particular for the project engineer and lead site engineer • The Consultant’s current expertise and back-up support for personnel, project management systems and standards and ability to value add • The Consultants fees • The Consultant’s ability to meet the project timetable

18. ACCEPTANCE OF PROPOSAL

During the evaluation of Proposals CS Energy in its sole discretion may negotiate any aspect of any Proposal or may invite best and final offers from any Respondent.

CS Energy may accept the Proposal that CS Energy considers represent the best value for money or CS Energy may decline to accept any or all Proposals.

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CS Energy shall not be obliged to consider any Proposal and shall not be liable for any costs or damages incurred by a Respondent arising from the non-acceptance of a Proposal.

Unless and until a formal agreement is executed, the Proposal together with CS Energy’s written acceptance thereof shall evidence the Contract between CS Energy and the successful Respondent.

19. DISCLOSURE OF PROPOSAL INFORMATION

The Respondent agrees that CS Energy may disclose such information to CS Energy’s Board, and advisers as may be necessary to evaluate and obtain approval to accept any Proposal received. The Respondent further agrees that after the Contract has been awarded the name of the successful Respondent may be notified in writing by CS Energy to unsuccessful Respondents.

It is a condition of this RFP that the above information may be disclosed by CS Energy.

Respondents are advised that proposal information other than the above may also be subject to disclosure resulting from applications by others under the Right to Information Act 2009.

Where any such information is provided on a confidential basis or relates to the Respondent’s trade secrets and/or business, professional, commercial or financial affairs, Respondents should endorse the information accordingly and CS Energy will take this into account when deciding if the information should be disclosed.

Notwithstanding any such endorsement by the Respondent, CS Energy does not guarantee that information will not be disclosed in response to applications received under the Act. However, where CS Energy considers that the Act requires disclosure of information, that information will not be disclosed until the Respondent's views regarding disclosure have been obtained and their application, if any, for review of any decision to disclose has been finalised in accordance with the Act.

20. PROPERTY AND COPYRIGHT IN THE REQUEST FOR PROPOSAL

The RFP shall at all times remain the property of CS Energy.

All rights of intellectual property, including copyright, in the RFP and other documents supplied to the Respondent by or on behalf of CS Energy are the property of CS Energy and shall not be used by the Respondent for purposes other than the preparation of a Proposal except with the prior written approval of CS Energy.

21. NO COLLUSION

The Respondent warrants that the proposal is in all respects an independent Proposal and that no collusion has taken place between the Respondent and any other prospective Respondent or interested party in the preparation of the whole or any part of the Proposal.

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22. NOTICE TO RESPONDENTS

CS Energy reserves the right at any time and from time to time before the RFP closing time to issue (by notice in writing to the Respondent and all other prospective respondents) variations, additions to, or deletions from all or any of the elements of the RFP. Such notifications in writing will be entitled "Notice to Respondents" and will form part of the RFP.

23. JOINT PROPOSALS

Where a Proposal is lodged in the name of two or more persons or corporations either by way of Joint Venture, partnership or otherwise irrespective of the relationship between the parties, each such person or corporation shall be jointly and severally bound by the terms of the RFP and, if the Proposal is accepted be jointly and severally bound by the terms of the Contract.

24. VALIDITY PERIOD

The validity period for Proposals shall be 90 calendar days from lodgement closing time.

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SECTION A - REQUEST FOR PROPOSAL SCHEDULES

SCHEDULE DESCRIPTION COMPLETED AND NUMBER SUBMITTED

1 Acknowledgment from Respondent 2 Details of Respondent 3 Conformance or Non-Conformance of Proposal 4 Tender Form 5 Pricing Schedules 5a – Schedule of Rates – Reduced and Full OE3 5b – Schedule of Rtes – Part Time 5c – Reimbursable Expenses 6 Relevant Experience And Capabilities 7 Respondent’s Key Personnel 8 Nominated Subcontractors 9 Details Of Proposal

Respondent

Official Position Held

Name

Signature

Date

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SCHEDULE 1 – ACKNOWLEDGMENT FROM RESPONDENT

Name of person, firm or company tendering: USE BLOCK LETTERS

...... …………………… .

Address of:

...... …………………...... submits a proposal to provide the review described in this Request for Proposal issued by CS Energy Ltd. The Respondent acknowledges and agrees that this Proposal: (1) is for the price as set out in the Schedule Schedules (Lump Sum and/or Schedule of Rates Items); (2) is accurate, valid and remains open for acceptance by CS Energy Ltd until the end of the Validity Period; and (3) has been compiled in accordance with the Conditions of Proposal contained in this Request for Proposal. The Respondent acknowledges and agrees that: (1) it has fully examined this Request for Proposal and any other documents referenced or referred to in this Request for Proposal, and any other information made available by CS Energy Ltd to Respondents for the purposes of submitting a Proposal; (2) it has made its own interpretations, deductions and conclusions from the information made available to it and accepts full responsibility for those interpretations, deductions and conclusions; (3) it has considered all information relevant to the risks, contingencies and other circumstances having an affect on the responses in its Proposal and which is obtainable by the making of reasonable inquiries; (4) it sought and examined all necessary information which is obtainable by making reasonable enquiries relevant to the risks and other circumstances having effect on its Proposal; (5) it has read, taken appropriate advice on and fully understood this RFP and its requirements, including all of this RFP; (6) in lodging its Proposal it did not rely on any express or implied statement, warranty or representation, whether oral, written, or otherwise made by or on behalf of CS Energy Ltd, or its officers, employees, agents or advisers other than any statement, warranty or representation contained in this RFP; (7) it satisfied itself as to the correctness and sufficiency of its Proposal; (8) it is responsible for all costs and expenses related to: (a) the preparation and lodgement of its Proposal; (b) any subsequent negotiation/interview; and (c) any other action or response in relation to this RFP.

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(9) it is not aware of any circumstances or relationships that constitute a conflict or potential conflict of interest in respect of this RFP or the Respondent’s obligations if is selected. The Respondent must state any circumstances or relationships which constitute a conflict or potential conflict of interest in respect of this RFP; and (10) grants authority to CS Energy Ltd to conduct such investigations of the financial standing ofthe Respondent] as CS Energy Ltd deems necessary and reasonable for the purposes of conducting its evaluation of this Respondent’s Proposal; and (11) in submitting its Proposal, the Respondent agrees to be bound by the Conditions of this RFP. The individual submitting this Proposal warrants that he or she is duly authorised to bind the party for whom he or she signs this Proposal.

Respondent

Official Position Held

Name

Signature

Date

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SCHEDULE 2 - DETAILS OF RESPONDENT

Respondent to complete and submit with Schedule 1 – Acknowledgment from Respondent

Details of Respondent

If a company, state whether subsidiary or holding company (or parent).

………………………………………………………………………………………… If a subsidiary company, state name of holding company (or parent) and any related entities.

…………………………………………………………………………………… List details of director/s, partner/s, manager/s and company secretary.

Name Position

Registered Business Name Registered Business Address ABN Facsimile Number Telephone Number

Contact person/ Nominated Representative Name Position Telephone Email

Details of current insurance coverage

Details of previous experience

Details of QLD Government Standing Offer Agreements

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SCHEDULE 2 - DETAILS OF RESPONDENT (CONTINUED)

Details of similar projects or engagements

Respondents must provide details of at least one similar project or engagement of similar size or complexity to CS Energy Ltd requirements. The following information should be provided at a minimum: 1. Project Description 2. Client Organisation 3. Date of Commencement 4. Brief Description including Services provided, skills that were required, lessons learnt and how these experiences will be applied to CS Energy Ltd requirements. 5. Nominated Project Referee and contact details

Official Position Held Name Signature Date

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SCHEDULE 3 - CONFORMANCE OR NON-CONFORMANCE OF TENDER

Respondent to complete and submit with Schedule 1 – Acknowledgment from Respondent

1. SCHEDULE 3a – NON-CONFORMANCE WITH THE TERMS AND CONDITIONS OF THE REQUEST FOR PROPOSAL [Insert Respondent’s Name] has read the terms and conditions of Request for Proposal, and submits this Proposal in accordance with them. This Proposal complies with the Request for Proposal and General Conditions of Contract.

2. SCHEDULE 3b - NON-CONFORMANCE WITH THE CONTRACT CONDITIONS [Insert Respondent’s Name] has read the terms and conditions of the Request for Proposal. This Proposal does not comply with the Request for Proposal and/or General Conditions of Contract, and the departures are as set out below. The Respondent acknowledges that CS Energy makes no guarantee that it will consider proposed departures that are excessive in quantity and in direct conflict with this RFP conditions of contract. CSE makes no guarantee that it will accept any proposed departures. Respondents are required to provide a clear and concise rationale for each proposed departure.

Schedule 3a - Departures from Request for Proposal Conditions

Request for Proposed Departures Rationale for Departure Proposal Condition Clause Number

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Schedule 3b - Departures from General Conditions of Contract

General Proposed Departures Rationale for Departure Conditions of Contract Clause Reference

Official Position Held Name Signature Date

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SCHEDULE 4 - TENDER FORM AS2125-1996

Respondent to complete and submit with Schedule 1 – Acknowledgment from Respondent

LUMP SUM AND/OR SCHEDULE OF RATES

Name of person, firm or company tendering (USE BLOCK LETTERS)

......

......

Address of:

......

...... Hereby proposes to perform the work for the provision of Owner’s Engineering (OE) services, to support the construction of CS Energy’s Kogan Creek Solar Boost Project in accordance with the following documents:

Conditions of Proposal

Tender Schedules

Conditions of Contract

The Brief

CS Energy Supplied Documents

1. For the Lump Sum of:

...... ($ ) GST EX

and;

2. At the rates in the attached Schedule of Rates

Respondent’s Signature Name / Company Name Date

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SCHEDULE 5 – PRICING SCHEDULES

Respondent to complete and submit with Schedule 1 – Acknowledgment from Respondent

1. Pricing Schedules The Respondent acknowledges and agrees that: (1) price details must not be included anywhere else in the Proposal; (2) this Schedule must set out the various components of cost included in the Proposal; (3) all prices quoted by the Respondent must exclude any GST payable; (4) it must include details about any assumption or other caveats on which Proposals are based, the price and effect of the assumptions or other caveats, as well as information or events required to remove caveats; (5) it must specify the length of time for which all prices and /or costs quoted will remain valid, which must not be less than the Validity Period. (6) in fixed Australian dollar terms, with the above description of how adjustments will be calculated; and

Schedule 5a - Schedule of Rates Payments All-inclusive measurement for payment (GST exclusive) upon completion of each section of work actually carried out.

1. Total pricing as per schedules for: a. Reduced OE3 scope b. Full OE3 scope

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2. Pricing as per schedules a. For full time staff: i. Hourly rate per staffing discipline ii. Weekly rate per staffing discipline b. For part time staff: i. Hourly rate per staffing discipline ii. Daily rate per staffing discipline c. Expense rates and travel time d. A discussion whether part time attendance is practical

3. Price list as per schedules for other staff categories that would apply to work on this project

4. QA information, including details of Consultant’s QA system, any recent relevant audits.

5. Sub-contractors proposed

(6) in fixed Australian dollar terms, with the above description of how adjustments will be calculated; and Overall Firm Price.

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Schedule 5a- Schedule of Rates Payments – all expenses inclusive (Site) Reduce and Full OE Scope

These GST exclusive rates are in Australian Dollars for the duration of the contract and are all inclusive $/hour and $/week. These costs must include all expenses.

A tax invoice shall be provided to the client by the Consultant. The tax invoice shall show each staff member that has provided the services in that period. The applicable payment rate for that staff member as set out in the agreed schedule multiplied by the number of weeks worked in that period; and total amount claimed for each employee in providing the services for that period.

The Consultant shall complete the following to provide a list of proposed personnel, their position in the Owner’s Engineer’s Project Organisation, availability and location for the Project (the listing is to include subcontractors). Include a resume for each key person.

Table 1 POSITION/DISCIPLINE NAME LOCATION AVAILABILITY $ PER $ PER HOUR WEEK Period------to------% utilisation------%

Note that the week is based on contractors generally working 5 days of 10 hours, but does not limit the amount of time that the person may have to work in that week. If the person has to work at site on days which are usually non-working, then CS Energy shall pay the incremental daily or hourly rate (as applicable) without expenses. In no case will CS Energy pay more than the daily rate per day.

Please state the validity of these prices (e.g. 30 June 2011). ______

Increase in payment for indexation – indexation for all inclusive rate is ______%

Please submit this table in excel.

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Notes regarding Rates

The rates in Schedule 5a are deemed to include: (i) all employment costs, wages, salaries, leave allowances, bonuses, additional hours, site, mobilisation and disability allowances, workers' compensation, payroll tax, fringe benefit tax, superannuation costs; and (ii) all on-site and off-site overheads and profit, other than GST and those expenses which are Reimbursable Expenses. * A day is a 24 hour period from midnight to midnight.

Official Position Held Name Signature Date

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Schedule 5b - Schedule of Rates Payments – Part time staff and additional work (Office and Variations)

These GST exclusive rates are in Australian Dollars for the duration of the contract and are all inclusive $/hour and $/week. These costs must include all expenses.

A tax invoice shall be provided to the client by the Consultant. The tax invoice shall show each staff member that has provided the services in that period. The applicable payment rate for that staff member as set out in the agreed schedule multiplied by the number of weeks worked in that period; and total amount claimed for each employee in providing the services for that period.

For office work, and variations to the Brief and additional work provided with the prior approval of the Client, the Client shall pay the Consultant at the following rates:

Office based roles (in CS Energy Brisbane Office) should provide a weekly rate based on a 5 day 8 hours per day week. The daily rate will be 20% of the weekly rate and the hourly rate will be 2.2% of the weekly rate.

Table 5b – Schedule of Rates Part Time Staff

POSITION/DISCIPLINE NAME LOCATION $ PER $ PER HOUR DAY

Please submit this table in excel.

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Schedule 5b - Schedule of Rates Payments – Part time staff and additional work (Office and Variations) – (continued)

Notes regarding Rates

The rates in Schedule 5b are deemed to include: (i) all employment costs, including travelling and accommodation costs, wages, salaries, additional hours, leave allowances, bonuses, site, mobilisation and disability allowances, workers' compensation, payroll tax, fringe benefit tax, superannuation costs; and (ii) all on-site and off-site overheads and profit, other than GST and those expenses which are Reimbursable Expenses. * A day is a 24 hour period from midnight to midnight.

Increase in payment for indexation – indexation for the office and variation inclusive rate is ______%

Official Position Held Name Signature Date

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Schedule 5c – Reimbursable Expenses

The Consultant agrees that there are no reimbursable expenses for the work in the manpower plan. Any variation will be priced at Schedule 5a rates. For daily and hourly work performed, authorised expenses will be reimbursed.

Mark up % applicable to approved Reimbursable expenses ______%

Please provide a list of expected Reimbursable expenses and rates

Sub contractors and other consultants will have no mark up applied.

Description UOM Rate

Pier Diems

Travel time – ex Brisbane to 1 x vehicle – multiple Site and return occupancy

Accommodation – Chinchilla Night

Accommodation – Chinchilla 4 weeks – full time site personnel

Other

Official Position Held Name Signature Date

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SCHEDULE 6 - RELEVANT EXPERIENCE AND CAPABILITIES

Respondent to complete and submit with Schedule 1 – Acknowledgment from Respondent

CS Energy is seeking to ensure that potential Contractors are experienced in providing the specified goods and/or services to power stations or relevant heavy industries in similar locations to CS Energy.

Please provide the following information about your organisation’s experience with similar contracts.

Client Name Client Industry Contact Name Contact Number Contract Dates (from/to) Approximate Value (A$) Details of Contract

Client Name Client Industry Contact Name Contact Number Contract Dates (from/to) Approximate Value (A$) Details of Contract

Official Position Held Name Signature Date

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SCHEDULE 7 – RESPONDENT’S KEY PERSONNEL

Respondent to complete and submit with Schedule 1 – Acknowledgment from Respondent

Respondent to list in this Schedule details of the key personnel who will be responsible for completing the requirements of the Contract and a brief resume of their most recent relevant experience.

1. CVs of: a. all staff for the reduced OE scope b. key staff for the full OE scope

2. Availability of: a. all staff for the reduced OE scope b. key staff for the full OE scope

3. Relevant staff experience a. On similar type work for: i. all staff for the reduced OE scope ii. key staff for the full OE scope b. Include site management, contract management, commissioning and testing management, work health and safety management c. Include Power Station construction, commissioning and outage management experience d. The OE Site Representative will be required to have the following skills as a minimum: i. Have a minimum of ten years experience ii. Have power station experience preferably iii. Have site, contract and risk management experience iv. Have experience monitoring and addressing Work Health and Safety issues on site e. The project engineer will be required to have the following skills as a minimum: i. Be a mechanical engineer; other disciplines may be suitable ii. Have a minimum of five years experience iii. Have power station experience preferably iv. Have project and contract management experience

4. Sample site engineer role statements (showing skills, experience and duties)

Official Position Held Name Signature Date

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SCHEDULE 8 – NOMINATED SUBCONTRACTORS

Respondent to complete and submit with Schedule 1 – Acknowledgment from Respondent

Name (Company/Sole Trader) ABN Licence or Trade Certificate Number Expertise Relevant Experience

Name (Company/Sole Trader) ABN Licence or Trade Certificate Number Expertise Relevant Experience

Name (Company/Sole Trader) ABN Licence or Trade Certificate Number Expertise Relevant Experience

Official Position Held Name Signature Date

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SCHEDULE 9 – DETAILS OF PROPOSAL

Respondent to complete and submit with Schedule 1 – Acknowledgment from Respondent

1. Project Management System 2. QA Plans 3. Site Working Pattern Details of any impact, if the following working patterns are applied on Site o 6 x 10 hours o 5 x 10 hours + 4 hours every Saturday o 5 x 10 hours + 4 hours every second Saturday 4. Staff compensation for longer working weeks Details and confirmation of staff remuneration/compensation for the longer working weeks, and indicate, in general terms, the form of that remuneration/compensation.

5. Service

6. Quality 7. Contract Management 8. Innovation 9. The Consultant’s expertise on similar projects 10. The Consultant’s proposed project management systems for the full OE scope 11. The Consultant’s technical and financial capability to carry out the Services 12. The Consultant’s approach to risk management 13. The Consultant’s proposed key personnel, including: 14. Availability 15. Power station experience 16. Familiarity with Work Health and Safety requirements 17. Familiarity with site work 18. Familiarity with power station outage work 19. Familiarity with testing and commissioning work 20. Familiarity with contract management, in particular for the project engineer and lead site engineer 21. The Consultant’s current expertise and back-up support for personnel, project management systems and standards and ability to value add 22. The Consultants fees 23. The Consultant’s ability to meet the project timetable

Official Position Held Name Signature Date

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SECTION B – GENERAL CONDITIONS OF CONTRACT – Part A: General Conditions of Contract

The General Conditions of Contract shall be AS4122-2000 – General conditions of contract for engagement of consultants.

ANNEXURE to the Australian Standard General Conditions of Contract for Section B Engagement of Consultants AS4122-2000 Part A

Item 1 The Brief is comprised in the Section C following documents: (Clause 1)

2 (a) The Client or Principal is: CS Energy Ltd (Clause 1) ABN 54 078 848 745

(b) The Client's or Principal's HQ North, Level 2 address is: 540 Wickham Street Fortitude Valley QLD 4006 GPO Box 769, BRISBANE, QLD, 4001

3 (a) The Consultant is: ...... (Clause 1) ...... ACN ...... ABN ......

(b) The Consultant's address is: ...... 4 The law applicable is that of the Queensland State or Territory of: (Clause 1)

5 The Contract documents are: 1 These General Conditions of Contract (Clause 2) 2 The Brief being the documents stated in Item 1. 3 ...... 4 ...... 5 ......

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6 (a) If required by Clause 3(b), †Yes the Consultant shall submit a Program for carrying out the Services: (Clause 3(b))

(b) If yes, the Program shall be ...... in the following form: ...... (Clause 3(b)) ......

(c) If yes, the Program shall be ...... submitted at the following ...... time: ...... (Clause 3(b))

7 Key personnel: Name Work to be carried out (Clause 3(g)) ......

8 Fees and charges to satisfy Not Applicable Legislative Requirements payable by the Consultant: (Clause 4(f))

9 The Client's representative is: ...... (Clause 6.1) ......

10 The Consultant's representative ...... is: ...... (Clause 6.2) ...... 11 Intellectual Property Rights — Alternative 1 Alternative applying: (Clause 8.1)

† Delete as appropriate

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12 If Alternative 2 applies, the Not Applicable additional fee payable to the Consultant to vest the Intellectual Property Right in or relating to the Contract Material in the Client: (Clause 8.1)

13 Additional Purposes for which At the Client’s discretion Contract Material may be used: (Clause 8.2)

14 The Consultant's liability is limited as follows: (Clause 9.1)

15 (a) Amount of professional $2,000,000.00 indemnity insurance shall not be less than: (Clause 10.1)

(b) The period for which professional indemnity 6 years after the date of completion of the Services insurance shall be maintained is: (Clause 10.1)

16 The amount of public liability insurance shall not be less than: $10,000,000.00 (Clause 10.2)

17 Claims for payment shall be † On the ...... day of each month made: † On completion of the following stages of work (Clause 13.1) ......

† Delete as appropriate

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18 (a) The Consultant's fee shall be † Lump Sum Fee: $ ...... determined as follows: Where the fee is payable on a lump sum basis it is (Clause 13.2) not adjustable except as provided for in the Contract † Fee in Stages: The stages for the delivery of the Services and the †fee/ †percentage of the fee applicable to each stage:

Stage †Fee / †Percentage of fee ......

† Time Charge:

Level of Task Rate per hour ......

(b) The expenses and † As set out in Schedule 1 disbursements to be † As follows: ...... reimbursed to the ...... Consultant shall be: (Clause 13.2) ......

19 The times and place for payment No later than shall be: (a) ...... days after the date of (Clause 13.3) submission of a claim for payment (If nothing stated, 28 days) (b) ...... Place of Payment ...... (If nothing stated, the Client's address)

† Delete as appropriate

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20 The rate of interest on overdue 0% per cent per annum payments is: (Clause 13.4)

21 The deemed frustration date if Services are not completed: ...... (Clause 14.1)

22 Arbitration and Expert Determination (Clause 15)

(a) Person to nominate an The Chairperson for the time being of the Chapter arbitrator or Expert of the Institute of Arbitrators & Mediators Australia (Clause 15.3) in the State or Territory in Item 4);

(b) Rules for arbitration Rules 5–18 of the Rules of The Institute of (Clause 15.3) Arbitrators & Mediators Australia for the Conduct of Commercial Arbitrations);

(c) Rules for expert The Guidelines for Expert Determination of the determination Australian Commercial Dispute Centre). (Clause 15.4)

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SECTION B – GENERAL CONDITIONS OF CONTRACT - Part B: Deletions, Amendments and Additions

ANNEXURE to the Australian Standard General conditions of contract for Section B Engagement of Consultants AS 4122-2000 Part B

The following clauses have been AMENDED to those of AS4122-2000:

Clause 1 INTERPRETATION

After: the definition of Brief Insert:

Business Day means a day on which banks are open for general banking business in the state in which the Services are being delivered;

After the definition of Client Insert:

Confidential Information has the meaning given to it in Clause 22; Consequential Loss means: (a) In the case of loss or damage resulting from a breach of Contract – indirect, remote or unforeseeable loss, including: (i) loss of profits; (ii) loss or denial of opportunity; (iii) loss of access to markets; (iv) loss of goodwill; (v) loss of business reputation, future reputation or publicity; (vi) damage to credit rating; (vii) loss of use; or any similar loss occasioned by that breach, whether or not in the reasonable contemplation of parties at the time of execution of this Contract as being a probable result of the relevant breach; and (b) in the case of loss or damage arising from any tort (including negligence) – indirect, remote or unforeseeable loss and, in the case of pure economic loss, loss not flowing directly from the commission of the tort;

After: the definition of Consultant at the end of the definition Insert:

‘and its Personnel’

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Delete the definition of documents and Replace with: documents includes all designs, plans, drawings, specifications, diagrams, calculations, models, surveys, flow charts, procedures, tests, reports and other records, information and documents, whether in written, printed, electronic or any other form;

Health, Safety and Environment Plans or HSE Plans means the health, safety and environment plans to be provided by the Consultant to the Client in accordance with clause 19;

Delete the definition of Intellectual Property Rights and Replace with:

Intellectual Property Rights means industrial and intellectual property and includes (but is not limited to) all patentable inventions, designs, copyright and circuit layouts and all inventions, discoveries, designs, formulae and know-how;

After: the definition of Legislative Requirements Insert: Near miss means any unplanned incident that occurs at the workplace or while undertaking the Services which, although not resulting in injury, illness or damage to the environment or plants had the potential to do so;

Personnel means in relation to:

(a) the Client, the Client’s employees, agents, contractors and consultants (other than the Consultant); or (b) the Consultant, the Consultant’s subcontractors, employees, agents, consultants, subcontractors and their employees, agents and contractors;

After: the definition of Services Insert:

Site means the place at which the Services are to be carried out, as specified in the Brief or as directed by the Client;

Site Conditions means the general site conditions set out in Section D of this Contract (as amended from time to time) with which the Consultant and its Personnel must comply;

After: at the end of clause 1 Insert:

A reference to: (a) any legislation includes any statutory modification or re-enactment of, legislative substitution for, and subordinate legislation under, that legislation; (b) any party to this agreement or any other document or arrangement includes that party’s executors, administrators, substitutes, successors and permitted assigns; (c) a clause, schedule, annexure or appendix is a reference to a clause of or schedule, annexure or appendix to this Contract and references to this Contract include its schedules and any annexures; (d) a party is to be construed as a reference to a party to this Contract; and (e) a policy, document or agreement including this Contract includes a reference to that policy, document or agreement as amended, novated, supplemented, varied or replaced from time to time.

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Clause 3 RESPONSIBILITIES AND OBLIGATIONS OF THE CONSULTANT

After: clause 3 at the end of the clause Insert:

(s) If the Consultant is quality assured to industry recognized standards the Consultant must: (i) maintain its quality assurance program for the duration of this Contract; (ii) carry out regular compliance audits to ensure that it meets that quality standard; and (iii) make the results of those compliance checks available to the Client at the Client’s request.

Clause 5 SERVICE OF NOTICES

Delete: clause 5 and replace with the following:

A Notice, consent, approval or other communication under this Contract (Notice) must be in writing, and may be given by delivery, post, facsimile or emailto the address set out in this Contract, or another address which a party may, from time to time, give notice of to the other.

A Notice is deemed to have been received: (a) If the Notice is delivered by hand to the receiver, at the time of delivery; (b) If the Notice is posted in a postage paid envelope addressed to the receiver, three days from the date of posting; (c) If the Notice is given by facsimile, upon receipt by the sender of a confirmation message from the receiver or the confirmation answerback code of the receiver; or (d) If the Notice is given by email, by 5.00pm on the following business day after the email is sent.

Clause 9.2 Indemnity by Consultant

In clause 9.2 Indemnity by Consultant make the following amendments:

Delete: in the first line of clause 9.2 “Subject to clause 9.1”.

Insert: at the beginning of clause 9.2(a) “subject to clause 9.1”.

Insert: at the beginning of clause 9.2(b) “despite the provisions set out in clause 9.1”

Delete: the last sentence of clause 9.2 which begins with “The indemnity under..”

After: clause 9.2 Insert:

9.3 Consequential Loss

In no event shall either the Client or the Consultant be liable for any Consequential Loss suffered by the other party in respect to this Contract.

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Clause 10.2 Public Liability Insurance

In the first paragraph, after each use of the word “Client” Insert “and its Personnel”.

Insert after 10.3 Insurance of Employees

10.4 Liability and Indemnity for deductibles and excesses

The Consultant shall be solely liable for payment and shall indemnify the Client in respect of the amounts of any deductibles or excess payable with respect to any claim made by either the Client or the Consultant under the insurance policies the Consultant is required to effect and maintain under this Contract.

10.5 Further Assurances In respect of all insurances required by the Consultant under this Contract, the Consultant must not: (a) breach its duty of disclosure to its insurer; (b) misrepresent anything to the insurer before the relevant policy of insurance is entered into; (c) breach a term or condition of the relevant policy of insurance; or (d) cancel (without replacement), or materially vary or permit any insurance to expire (without replacement) without, in each instance giving to the Client at least 30 days prior notice of that intent.

Clause 13.2 Payment of Disbursement, Fees and Expenses

Insert: at the end of clause 13.2

Any amounts payable under this Contract will be paid: (a) in Australian dollars; (b) not subject to escalation or adjustment for rise and fall costs unless agreed in writing between the parties; (c) exclusive of GST; and (d) inclusive of all taxes, duties, excises and charges (except those referred to in paragraph (c)).

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The following clauses have been ADDED to those of AS4122-2000:

Clause 17 SITE CONDITIONS

The Consultant, when upon the site, must comply with, and must ensure that its Personnel comply with the Site Conditions and all other requirements, directions, standards, systems, practices and policies of the Client while on the site.

Clause 18: HEALTH, SAFETY AND ENVIRONMENT OBLIGATIONS GENERALLY

While carrying out the Services, the Consultant must, and must ensure that it’s Personnel: (a) comply with any required HSE Plan approved in accordance with clause 19; (b) ensure that all machinery, tools, plant and equipment used by its Personnel are maintained so as to enable it to comply with its obligations under this Contract; (c) comply with the Client’s health and safety policies and procedures including the site conditions; (d) comply with the Client’s site environmental authority issued under the Environmental Protection Act 1994 (Qld), the Environmental Management System for the site, and the Client’s environmental policies and procedures; (e) comply with any Australian or international standards or codes regarding occupational health, safety and environment. The Consultant must: • only allow it’s Personnel to enter the site after such Personnel have: (i) attended the Client’s workplace health, safety and environment induction course whether conducted by the Client or the Consultant (as approved by the Client); (ii) duly signed a declaration that they will comply with the Client’s health, safety and environment policies and procedures and reasonable directions of the Client which declaration will be included in the attendance record required to be signed by the Personnel; and (iii) been authorised to enter onto the site by the Client’s representative. • during the performance of the Services take all reasonable and proper precautions and exercise all due diligence to prevent: (i) damage to property; (ii) injury or death to persons on the site; (iii) environmental harm, damage or pollution; (iv) the occurrence of nuisance from dust, water, noise and vibration; • implement and enforce safe work practices and procedures on the site; • make health and safety equipment available for persons working on the site and instruct those persons on the, and ensure their, proper use of that health and safety equipment; • immediately notify the Client’s representative of: (i) any death, near miss, dangerous event (as defined in the Workplace Health and Safety Act 1995 (as amended)) or injury to persons and of any damage to property on or adjacent to the site;

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(ii) any occurrence, incident, near miss, or event which causes or is likely to harm, damage or pollute the environment and details of persons or firms responsible for the occurrence, incident, near miss or event; (iii) or any complaint made to the Consultant by any person about the work undertaken by the Consultant on the site; • comply with any reasonable direction given by the Client where the Client’s representative forms the view that the work practices of the Consultant or its Personnel may cause, personal injury, damage to property, nuisance from dust, water, noise and/or vibration or damage or pollute the environment through or in connection with the Services. • supply all records, statistics and information to the Client’s representative as and when requested; and • remove all rubbish, materials, plant and equipment from the site to the reasonable satisfaction of the Client’s representative and in compliance with the requirements of the Environmental Protection Act 1994 (Qld) and the relevant regulations under that Act. Clause 19 HEALTH, SAFETY AND ENVIRONMENT PLAN If required by the Client, prior to the Consultant entering the site to carry out the work the Client must approve the Consultant’s health, safety and environment plan as follows: (a) at least 7 Business Days prior to the date the Consultant is to commence the Services the Consultant must submit to the Client a copy of its health, safety and environment plan (HSE Plan) which must set out the procedures the Consultant will use to manage its day to day health, safety and environment activities and describe how it proposes to ensure that in connection with its performance of this Contract: (i) the risk of injury or illness to any person is kept at a level acceptable to the Client; (ii) no environmental harm (within the meaning of the Environmental Protection Act 1994 (Qld)) is caused or contributed to; and (iii) that the Client’s requirements for the HSE Plan are complied with in accordance with the Client’s corporate procedures and the Consultant acknowledges that those requirements are available from the Client on request. (b) if the HSE Plan submitted by the Consultant is in the Client’s representative reasonable opinion acceptable, the Client’s Representative must accept the plan and notify the Consultant within 3 Business Days from receipt of the plan; (c) if the HSE Plan submitted by the Consultant does not meet the Client’s requirements then the Client’s representative must advise the Consultant within 3 business days from receipt of the plan by the Client’s representative and provide details as to why it does not meet the requirements; (d) the Consultant must within 7 days of receiving a notice under paragraph c) amend or revise its plan and re-submit it to the Client’s representative for acceptance. (e) If the Consultant resubmits the plan to the Client’s representative, more than twice and the Client does not accept the plan, then the Contract may be terminated by the Client giving written notice to the Consultant. If this Contract is terminated in accordance with this clause then neither party is entitled to make claim against the other party in respect of that termination.

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(f) No comment upon nor review, acceptance or approval of the Consultant’s HSE Plan by the Client’s representative shall affect any warranty or guarantee by the Consultant or relieve the Consultant of any of its liabilities or obligation under this Contract.

Clause 20 HEALTH, SAFETY AND ENVIRONMENTAL INCIDENT MANAGEMENT

(a) The Consultant acknowledges that the CS Energy Incident Management Procedure forms part of the health and safety obligations of the Consultant under this Contract. (b) The Client may amend the Client’s Incident Management Procedure from time to time. The Client will notify the Consultant of any amendment to the Incident Management Procedure that may impact upon the Consultant’s obligations under the Incident Management Procedure.

Clause 21 DOCUMENTS AND RECORDS

Despite any other provision of this Contract, the Consultant must provide to the Client copies of all documents required as part of the Services.

Clause 22 CONFIDENTIALITY

(a) Subject to Clause 22(b), this Clause 22 applies to all information (whether of a scientific, engineering, industrial, mining, technical, business or financial nature or otherwise) in whatever form of or relating to a party’s business or operations disclosed to or obtained by the other party or its Personnel (Confidential Information). (b) For the purposes of this Clause 22, Confidential Information does not include information, which a party can establish: (i) is or becomes widely known in the public domain, except through disclosure contrary to this Contract; (ii) was already in the party’s possession when it was given to it and was not otherwise acquired from the other party; or (iii) was lawfully received from another person having the unrestricted legal right to disclose that information without requiring the maintenance of confidentiality. (c) A party must ensure that its Personnel comply with the terms of this Clause 22. (d) Subject to Clause 22(b), a party and its Personnel must not: (i) disclose, directly or indirectly, any Confidential Information of the other party to any person without the prior written approval of the other party; (ii) use or make a copy of any Confidential Information of the other party otherwise than for the purposes of this Contract; and (iii) a party must immediately notify the other party if the first party becomes aware of any unauthorized access to, or use or disclosure of, any Confidential Information of the other party. (e) The obligations in clause 22(d) do not apply to a party where it is required by law to disclose. (f) A party, at the reasonable written request of the other party and in any event, upon the termination or expiration of this Contract, is required to immediately deliver to the other party all documents, including without limitation, all copies, containing, recording or referring to Confidential Information of the other party which are in its possession, power or control, or (at the other party’s request) have such material deleted from its computer and confirm such deletion promptly in writing.

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(g) Despite any other provision of this clause the Client may disclose information to its Shareholding Minister (as that term is defined in the Government Owned Corporations Act 1993 (Qld)) as required under the terms of the Government Owned Corporations Act 1993 (Qld). (h) This Clause survives the expiration or termination (for any reason) of this Contract and is in addition to obligations at law or under any statute or trade or professional custom or use.

Clause 23 INDUSTRIAL RELATIONS MATTERS

The Consultant is responsible for its own industrial relations matters and must at all times keep the Client informed of any matters which may affect the Contract.

Clause 24 FOREIGN RESIDENCY PROVISIONS

In the event that: (a) the Consultant is a foreign resident performing the Services within Australia; (b) the Client believes, or has reasonable grounds to believe, that the Consultant is a foreign resident performing the Services within Australia; or (c) the Consultant has a foreign address (including a payment address), and the Client does not have reasonable grounds to believe the Consultant is an Australian resident; then the Client will be entitled to withhold from the amount/s payable to the Consultant such amount as is required to be withheld for the purposes of compliance with the Australian Taxation legislative requirements.

If the Consultant disputes that the Client should be entitled to withhold any amount under this Clause 24, then the Consultant must either provide the Client with a certified copy of: (d) the exemption the Consultant has obtained from the Commissioner of Taxation; or (e) such evidence (for example, tax return) to verity to the Client that the Consultant is an Australian resident for the purposes of the Australian Taxation legislative requirements. The Client will remit any amounts withheld under this Clause 24 to the Commissioner of Taxation or such other relevant government authority or agency, as required by Australian Taxation legislative requirements.

Clause 25 GST

(a) In this Contract: (i) "GST Act" means A New Tax System (Goods and Services Tax) Act 1999 and any related tax imposition Act (whether imposing tax as a duty of customs excise or otherwise) and includes any legislation which is enacted to validate recapture or recoup the tax imposed by any of such Acts; (ii) "Representative" means a representative member of a GST group to which the relevant supplier belongs; and (iii) the expressions "adjustment note", "consideration", "GST", "input tax credit", "supply", "tax invoice", "recipient" and "taxable supply" have the meaning given to those expressions in the GST Act.

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(b) Unless otherwise expressly stated, all prices or other sums payable or consideration to be provided under this Contract are exclusive of GST. (c) Despite any other provision in this Contract, if GST is imposed on any supply made under this Contract, the recipient must pay to the supplier an amount equal to the GST payable on the taxable supply. (d) The recipient must pay the amount referred to in paragraph (c) above in addition to and at the same time as payment for the taxable supply is required to be made under this Contract. (e) If the amount of GST paid or payable by the supplier on any supply made under this Contract differs from the amount of GST paid by the recipient, for any reason, then the amount of GST paid by the recipient will be adjusted accordingly by a further payment by the recipient to the supplier or the supplier to the recipient, as the case may be. (f) If this Contract requires a party to reimburse or indemnify the other party for any expense, loss or outgoings ("reimbursable expense") the amount required to be reimbursed or indemnified by the first party will be the amount of the reimbursable expenses net of input tax credits (if any) to which the other party is entitled in respect of the reimbursable expense ("net amount") provided that should the reimbursement or indemnity be subject to GST, the net amount shall be increased in accordance with paragraph (c) above. (g) A valid tax invoice or adjustment note must be delivered by a supplier to the recipient before the supplier is entitled to payment of an amount under this clause. The recipient can withhold payment of the amount until the supplier provides a valid tax invoice or adjustment note as appropriate. (h) If this Contract requires the calculation of a price by the addition of a percentage margin to another rate or price, the percentage shall be applied to the rate or price exclusive of GST (or where the rate is expressed as being GST inclusive, then less any input tax credit the supplier is entitled to claim in respect of that item). (i) In the event that liability for payment of GST in respect of a supply under this Agreement is imposed upon a Representative of a supplier this clause shall nonetheless apply and any amounts to be calculated pursuant to paragraphs (c) and (e) above shall be calculated in all respects as if the supplier was liable for the GST imposed on such supply and entitled to input tax credits properly allocated to the making of that supply.

Clause 26 GENERAL

(a) The non-exercise of or delay in exercising any power or right of a party does not operate as a waiver of that power or right, nor does any single exercise of a power or right preclude any other or further exercise of it or the exercise of any other power or right. A power or right may only be waived in writing, signed by the party to be bound by the waiver. (b) The indemnities contained in this Contract are continuing obligations notwithstanding completion of the Services or termination of this Contract. (c) This Contract is the entire agreement of the parties on the subject matter generally. (d) Any provision in this Contract that is invalid or unenforceable is to be read down, if possible, and is otherwise capable of being severed to the extent of the invalidity or unenforceability, without affecting the remaining provision of this Contract. (e) Subject to Clause 11 (Variations), this Contract may only be amended in writing, duly executed by the parties. (f) The Consultant is an independent Consultant and not an employee of the Client.

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(g) The Consultant is not an agent of the Client for any purpose unless specifically authorized in writing by the Client to act as agent.

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SECTION B – GENERAL CONDITIONS OF CONTRACT – CS Energy Security Statement

ANNEXURE to the Australian Standard General conditions of contract for Section B Engagement of Consultants Part C CS ENERGY SECURITY STATEMENT

The Consultant agrees: 1.1 to use the Client’s computers, telecommunications equipment, manual and automated systems, and other related facilities and assets only in a manner consistent with the Consultant's job function and for conducting Client business; 1.2 that any user identifications or passwords assigned to the Consultant are to be used only by the Consultant and are not to be divulged to any other party. The Consultant shall report to the Consultant's supervisor, if any, and to the Client representative any knowledge of unauthorized attempts to breach security or knowledge of any security loopholes; 1.3 to have access only to information or facilities for which the Consultant is specifically authorized and to comply with the terms and conditions on any software licenses which the Consultant shall use during the course of the Consultant's work, including any restrictions on copying of third-party software; 1.4 that it will not maintain personal information or information for business other than the Client’s on the Client’s computing equipment; 1.5 to the Client’s right to access all electronic files maintained on the Client’s equipment, including the Consultant's electronic mail, for the purpose of conducting security investigations and debugging and shall raise no objection to the Client’s access to any information or data which the Consultant may have installed or placed on any of the Client’s assets or systems; 1.6 that the Consultant's access authorisations terminate and that the Consultant will return all Client cards, badges and all Client computing resources and property assigned to the Consultant on the last day of any assignment or at any other time that the Client shall request; 1.7 that failure to comply with any of these conditions may result in the Consultant being disciplined or its contract being terminated; 1.8 the Client retains the right to pursue prosecution when misuse of its information and computing resources is suspected; and 1.9 to instruct any and all of its Personnel with respect to these conditions and ensure that they comply with them.

AGREED:

Consultant

Title:

Name:

Signature: Date: RFP 483520 – Kogan Creek Solar Boost Project Construction Phase – Engineering Support Page 46 of 61 Commercial in Confidence

SECTION C – THE BRIEF

1. INTRODUCTION

CS Energy wishes to engage a suitably qualified and experienced engineering consultant to provide Owner’s Engineering (OE) services, to support the construction of CS Energy’s Kogan Creek Solar Boost Project. The Consultant shall be based mainly at the site with availability and commencement to be two weeks after award.

2. OVERVIEW

The proposed project is a utility scale solar thermal addition to the Kogan Creek Power Station. The solar thermal system will provide steam to augment the fired steam and result in an increase in steam flow through the turbine and an increase in exported electricity. Kogan Creek is ideally located in an area with good solar insolation, with an existing power station connected to the electricity network. The project will complement CS Energy’s existing operations at the Kogan Creek Power Station site, comprising a 750 MW coal-fired super-critical steam turbine unit and associated open-cut mine, which were commissioned in late 2007. Kogan Creek Power Station is located approximately 250 km north-west of Brisbane near the town of Chinchilla.

This project is a key step in the commercialisation of the compact linear Fresnel reflector (CLFR) for power generation.

CS Energy is negotiating towards a contract with the solar thermal technology provider, AREVA for the supply and installation of the solar field based on Compact Linear Fresnel Reflector technology for direct steam generation.

A separate approach to the market for balance of plant (BOP) has been made for integration of the Solar Field into the steam circuit of Unit A at Kogan Creek Power Station. The BOP includes all of the equipment and services located within the Power Station building required for the tie-in to the existing power plant steam and water circuits. Most of this work will be conducted during Kogan Creek Power Station outage – August 2011.

The solar field will occupy approximately 30 hectares of land and will be comprised of 14 solar boilers.

The sketch below provides an overview of the project concept.

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Major Project Dates Project start date December 2010

Site mobilisation January 2011

Kogan Creek Power Station Outage – connection of Solar Field to Kogan Creek August 2011 Power Station

Project completion December 2012

CS Energy reserves the right to amend any element of the proposed timetable during the tendering process.

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3. SKILLS AND TASKS 3.1 Project Structure – Organisation Chart

The project structure will be as per the below organisation chart. The Consultant’s staff needs to fit into, and complement, the other staff on the project.

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3.2 Manpower plan The time estimate and related skills to be used as a basis for this proposal is provided below. CS Energy reserves the right to amend any element of the proposed manpower plan.

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3.3 Resourcing

Dependent on CS Energy‘s available resources at the time of project implementation, CS Energy may: • either manage the project in-house up till the construction phase, only requiring reduced OE support to provide support to the project team in Brisbane and to be the site OE representative. In this instance, CS Energy will retain overall contract management responsibility. • or would require full OE services if CS Energy technical staff were not available at the time

This project will require skills in: • Project management • Power station construction, outage and commissioning • Development plant scale project management • Risk management

3.4 Client Staffing

Below is an overview of the skills required for the baseline staffing levels provided above.

CS Energy will provide the following staff: • Project manager / contract superintendent • Public relations officer • Human resources officer • Legal officer • Finance officer • Procurement officer • IT support

3.5 OE Staffing

The OE resourcing will be as follows: • Two full time equivalents (FTE) will be required at any time on site, as per the resourcing table, with skills ranging from civil, mechanical and electrical / Instrumentation and control depending on the development stage of the project. • Three FTE will be on site for a short duration (of about four months) when civil, electrical and mechanical skills are required. • A single FTE will be present on site during the acceptance testing • A project engineer will be assigned to the project for its duration.

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o The project engineer will remain in the project office for the duration of the contract and support site engineering staff as required o The project engineer will provide engineering support including but not limited to design reviews and support to the site staff o The project engineer will provide management support to the project manager, including but not limited to quality management, work health and safety, contract management, contract variations, scheduling, cost control, CS Energy internal reporting • A mechanical contracts engineer will be assigned to the project for its duration. o The mechanical contracts engineer will initially work part time in the project office and will transition to full time site mechanical engineer as the site mechanical activities start o The mechanical contracts engineer will act as OE site representative for the duration of the contract once on site. o The mechanical contracts engineer will also act as commissioning manager and commissioning mechanical engineer o The mechanical contracts engineer will be the only acceptance test engineer o If required, the mechanical contracts engineer can be replaced by a member of the OE staff with skills more suitable to the commissioning and acceptance test phase of the project. This staff member will then also take over the role of OE site representative • An electrical / instrumentation and controls (I&C) contracts engineer will be assigned to the project for its duration. o The electrical / I&C contracts engineer will initially work part time (three days a week) in the project office and will transition to a full time electrical / I&C engineer during the site electrical work and interconnections o The electrical / I&C contracts engineer will act as full time commissioning electrical / I&C engineer on site o If required, the electrical contracts engineer can be replaced by a member of the OE staff with skills more suitable to the commissioning and acceptance test phase of the project, e.g. with skills focused on instrumentation and controls skills • A site civil / structural engineer will be required on site from the start of the project until the end of all civil works o The civil / structural engineer will initially work part time (three days a week) in the project office and will transition to a full time civil engineer during the site civil and structural works o The civil / structural engineer will act as OE site representative until the arrival of the mechanical engineer. • Contract management and scheduling will be undertaken by the mechanical engineer, with support from the project engineer

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• Construction management will be performed by the mechanical contracts engineer once on site. The civil engineer will temporarily hold this position until the arrival of the mechanical engineer on site. • Commissioning management will be performed by the mechanical contracts engineer

3.6 CSE Staffing

In addition, the following senior staff will be provided for technical expertise and support to the project / site engineers by CS Energy in the context of the reduced OE scope. It is envisaged that this staff would be provided by the OE in the context of the full OE scope. • Document control officer • Project civil engineer • Project mechanical engineer • Project electrical / I&C engineer • Process engineer

3.7 Kogan Creek Power Station staffing

The on-site staff at Kogan Creek Power Station will:

• Rotate its key operator and other relevant staff as required through training • Familiarise themselves with the plant operation and maintenance • Provide an advisory role during the cut-in phase • Operate the power station with the new solar boilers as required, initially under the direction of AREVA • Provide overall oversight in terms of work health and safety

3.8 Safety management

The following is planned • A work health and safety officer will be provided by AREVA as Principal Contractor for the solar plant field site • A work health and safety officer will be provided by the balance of plant contractor if required • CS Energy will provide work health and safety supervision via its Kogan Creek Power Station work health and safety officer • While the Owner’s Engineer is not required to provide a work health and safety officer, the OE site staff will be required to inform the CS Energy work health and safety officer of any health and safety issues • OE to be aware of good work health and safety practices, observe and discuss work health and safety issues with contractors and Owner • The OE must comply with and sign on to any site safety plans and audits.

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4. FULL ESTABLISHMENT

The Consultant shall ensure that the Contract is fully resourced at all times throughout the term of the Contract.

If a person in a role changes, for whatever reason (including without limitation sickness, personal reasons, leave, resignation, non performance, CS Energy direction), the Consultant shall replace them at their cost.

4.1 Working Arrangements

The site work week is expected to be 5 days of 10 hours per day. The Brisbane office work week is expected to be 5 days of 8 working hours per day.

The site is CS Energy’s Kogan Creek Power Station, Queensland.

4.2 Office Location and Equipment

CS Energy will provide office accommodation and computers for the Brisbane based work.

CS Energy will provide standard office software (Microsoft office – Word, Excel and Outlook). Other software may be available on request.

CS Energy will provide office accommodation and computers, site cordless phone at Kogan Creek Power Station for the site based work.

CS Energy will provide desk phones, wired internet connection, safety inductions for both sites

Consultants are to provide PPE and mobile phones.

5. SCHEDULE OF RATES INDEXATION

The rates in this contract will be subject to escalation on a yearly basis. The rates in the offer shall be firm up to 31 July 2011, and then indexation will apply. The percentage be in accordance with the CPI Annual Rates as published by the Bureau of Statistics end July each year. The Consultants rates shall be all inclusive.

The rate will be varied as followed:

Rate (2012$) = Rate (2011$ as offered) x (1 + ABS CPI ) Rate (2013$) = Rate (2012$ as offered) x (1 + ABS CPI )^2

Rate(2012$) shall apply for the period August 2011 to July 2012 inclusive. Rate(2013$) shall apply for the period August 2012 to July 2013 inclusive.

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The rates offered in the schedules are 2011$ in the equation above.

6 SCOPE OF WORK

The following table provides a breakdown of the major tasks to be undertaken by the OE, whether for the reduced or full OE3 scopes of work.

Tasks labelled as “support” will be performed under the supervision and instruction of the CS Energy project manager

Reduced OE Full OE

Scope Scope General

Overall project management N N Contract superintendent N Y Overall Kogan Creek site supervision, site control and N N plant operation To monitor, review and progress, on behalf of the N Y Owner, the Project. To administer the Contracts on behalf of the Owner. N Y OE site representative Y Y To clearly identify all necessary interfaces between Support role Y contracts so as to minimise any costs and variances. To co-ordinate any design work done by the Contractors, Design review Y sub-contractors or consultants support role To supervise and monitor site preparation/clean-up Y Y activities on site To monitor the performance of the Contractors under the Y Y Contracts To advise the Owner on the need for other works or services necessary to complete the interfaces and the Support role Y works. To monitor the Contractors’ compliance with the Applicable Laws and codes relative to Workplace Health Y Y and Safety To establish and man the Site office with the appropriate Support role Y personnel. To provide technical support as reasonably required by the Owner to further the Project Agreements between Y Y the Owner and the counterparties or Owner’s consultants. To set up, maintain and update (as necessary) document control procedures as per the Specification to manage communications for the Project between the N Y Owner, Contractors, Engineer and other parties to the Project Agreements.

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Reduced OE Full OE

Scope Scope To monitor and comment on the training programme and N Y the training to be provided by the Contractors. To check that insurances and bonds have been arranged (and are maintained) in accordance with the Support role Y Contracts To review and approve subcontractor and vendor Support role Y selection on behalf of the Owner under the Contracts To draw the Owner’s attention to particulate matters of Y Y concern, resulting from interaction with Contractors. To prepare and deliver monthly Project status reports Support role Y including the activities of the Engineer. To report expeditiously as necessary all matters requiring a decision by the Owner and superintendent Y Y under the Contracts Monitoring and Review of Projects’ Progress

To convene regular Site progress meetings that representatives of relevant Contractors will be required Y Y to attend To review and report on any programme or schedule Y Y produced by or for the Owner or any of the Contractors To report to the Owner any failure by the Contractors to Y Y deliver any programme or schedule under the Contracts. To monitor the progress of delivery of equipment and materials from manufacturers works and elsewhere and Y Y identify potential delays. To monitor the progress on Site construction work Y Y against programmes and schedules. To consider applications for extensions of time by Contractors and to make recommendations, with full Y Y reasons to the superintendent. Project Accounting and Payment Certification

To prepare for the Owner a Final Price and provide a milestone payment schedule. Such estimate and Support role Y schedules should be in sufficient detail to satisfy the Owner. To monitor milestones under the Contracts and examine and consider the Contractor’s invoices, together with supporting documentation, and verify the amounts Support role Y claimed, or determine the amounts due, under the Contracts. Payment certificates will be issued to the Owner with recommendations for payment in accordance with the Support role Y Contracts. To consider and fully report to the Owner, with recommendations, on all items for which any of the Support role Y Contractors claims a variation in the contract price under

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Reduced OE Full OE

Scope Scope the Contracts and to consider and report on not only the amount of the claim, but also on whether the Contractors are entitled to any variation at all. To recommend to the Owner the issuance of certificates Y Y under the Contract. To prepare reports and payment claims for grants Support role Y

Review and Consideration of Contractor’s Documents

To produce a design plan, covering the civil, electrical, control, mechanical and ancillary integration, for approval by the Owner and to implement the approved Support role Y design review plan so that design documentation can be reviewed in a timely manner. To represent the Owner and monitor contracts and support role, contractors’ HAZOP, hazard assessment and Safety no attendance Y Integrity Levels (SIL) determination to HAZOP To review, examine, comment and/or approve all design documentation as appropriate and consider all aspects of the Project, from the following viewpoints: safety and Support role, Y hazardous operations, performances, reliability, no approval availability, operability, maintainability, compliance with contracts, conformities, program To reply to and acknowledge contractors’ submissions (correspondence, drawings, calculations, etc) as Support role Y required (if any) indicating the action to be taken in accordance with the design review plan. To review the Contractors’ documentation as appropriate Support role Y for compliance with the Contract and the Specification. To consider whether production of the design documentation is in a logical manner to allow a thorough Support role Y review and to report the failure, if any, by the Contractors and make recommendations for action. To examine, review and comment on the Contractor’s operating procedures and operation and maintenance manuals for the use of engineering, commissioning, Support role Y operating and maintenance personnel associated with the Project. To review, report and make recommendations on the Contractor’s proposals in respect of recommended Support role Y spares. Audit of Contractor’s Quality Assurance Programme and Procedures To establish a quality control plan in accordance with the Support role Y Specification. To verify manufacturing progress during visits compared support role Y

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Reduced OE Full OE

Scope Scope to information provided by the Contractors. To report after each quality audit with recommendations Y Y for any additional involvement which may be required To witness, and take part in, the pre-commissioning tests, functional tests, tests on Completion, the Y Y performance test and the Reliability Test and to report, and make recommendations, on the results of each. To develop and implement a site inspection plan in accordance with the Specification, any inspection to be Y Y carried out by the Engineer. Ensure completion of all punchlists under the Contracts. Y Y To ensure that the Contractors provide and install all Y Y initial fills of all systems. Project Safety

To monitor site safety policy for all Contracts Y Y To provide a Work Health and Safety Officer N N To be aware of and monitor Work Health and Safety on Y Y site To address Work Health and Safety issues in all project Y Y meetings

7. RESPONSIBILITIES

The Owner’s Engineer shall: • Work under the supervision of CS Energy Project Manager • Have contractual authority over contractors for the full OE scope

The Owner’s Engineer Site Management key performance indicators will be, though not limited to, the following: • Approach to contract management is non-adversarial • Approach to industrial relations during construction is non-adversarial • Low incidences of minor and lost time injuries during construction • No reportable environmental incidents during construction • Milestone dates are achieved • Performance tests are passed • Project final cost is within approved total expenditure • Operator is satisfied that final quality of the plant is suitable for operation and maintenance

The role, scope and price of the Owner’s Engineer will be developed in time for an orderly start to the project.

Site control (security, inductions) will be by AREVA and CS Energy.

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7.1 Reporting

Monthly reports shall be submitted at the end of each month, at a date to be agreed with CS Energy, to record the status on all aspects of the Project. Monthly report will include, but will not be limited to, the following:

• Progress Summary, including: o Highlights on project costs, logistics, schedule, technical o Areas of concern o Health and safety • Engineering progress

In addition, for the reduced OE3 scope of work weekly reports shall be submitted each Monday, and will include, but not be limited to, the following: • Activities completed during previous week • Activities to be completed in current week • Progress against schedule • Areas of concern • Consultant time and expense to date • Progress (as measured against the baseline schedule)

7.2 Provision of Information

CS Energy will make available to the Owner’s Engineer all documentation in their possession that is needed to effectively carry out the assignment.

7.3 Tools & Procedures

The Project team shall use the following tools to support the management of the Project construction phase: • TRIM - for document management • Primavera – Project scheduling package • CS Energy Policies & Procedures

7.4 Workplace Health and Safety

All construction works shall be carried out in accordance with the requirements of the Queensland Workplace Health & Safety Act and Regulations.

CS ENERGY has set a goal of “Zero Lost Time Injuries” in the delivery of this Project.

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Details of the Health and Safety OE scope and staffing requirements are provided in the “Skills and Tasks” and “Scope of Work” sections of this request for proposal.

CS Energy will provide Emergency Rescue and Fire Response coverage by engaging the services of the existing CS Energy Emergency Response Team (ERT) that is based at the adjacent Kogan Creek Power Station.

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SECTION D – CLIENT SUPPLIED DOCUMENTS

• Kogan Site Conditions

• Fatigue Management

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SITE CONDITIONS

Kogan Creek Power Station Pty Ltd

Revised 24 April 2009

CS Energy Ltd Kogan Creek Power Station Site Conditions

Definitions ...... 3 1 Introduction ...... 4 2 Application Of Site Conditions ...... 4 3 Contractor Responsibility, Site Access and Induction...... 4 4 General Working Conditions ...... 5 4.1 Personnel Access and Electronic Swipe Cards ...... 5 4.2 Vehicles ...... 5 4.3 Security ...... 6 4.4 Prohibited From Site ...... 6 4.5 Permit To Work System ...... 6 4.6 Smoking ...... 7 4.7 Fit for Duty ...... 7 5 Risk Management and Workplace Health, Safety and Environment ...... 7 5.1 Compliance with Legislation and Standards ...... 7 5.2 Safety and Environmental Plan ...... 7 5.3 Environmental Performance ...... 8 5.4 Environmental Incidents and Complaints ...... 8 5.5 Audits ...... 9 5.6 Non-Compliance ...... 9 5.7 Health and Safety Professionals ...... 10 5.8 Protective Clothing and Safety Equipment ...... 10 5.9 Working at Height ...... 10 5.10 Tools and Equipment ...... 11 5.11 First Aid ...... 11 5.12 Vaccinations ...... 11 5.13 Injuries ...... 11 5.14 Dangerous Occurrences / Incidents / Near Misses ...... 11 5.15 Material Safety Data Sheets (MSDS) ...... 11 5.16 Site Inductions ...... 12 5.17 Bullying, Harassment and Victimisation ...... 12 5.18 Electric and Magnetic Fields ...... 12 6 Facilities ...... 12 6.1 General ...... 12 6.2 Portable Office/Crib and Ablution Buildings ...... 13 6.3 Storage Area ...... 13 6.4 Site Cleaning ...... 13 6.5 Power Supplies ...... 13 6.6 Lighting ...... 14 6.7 Water ...... 14 6.8 Compressed Air ...... 14 6.9 Photography ...... 14 7 Contractors Equipment ...... 14 7.1 Responsibility For Equipment ...... 14 7.1 Electrical ...... 15 7.2 Inspection, Measurement and Test Equipment ...... 16 7.3 Statutory Authority Certificates ...... 16 7.4 Lifting, Rigging and Scaffolding Equipment...... 16 8 Workmanship ...... 16 9 Qualifications and Experience ...... 16 9.1 General ...... 16 9.2 Pressure Welders ...... 17 9.3 Trades Assistants/General Hands ...... 17 10 Accommodation and Transport ...... 17 11 Industrial Relations ...... 17 12 Equal Employment Opportunity (E.E.O.) ...... 17 13 Interference ...... 18 14 Liaison ...... 18 15 Audit Requirements ...... 18 16 Business Systems ...... 18

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CS Energy Ltd Kogan Creek Power Station Site Conditions

DEFINITIONS

Term Definition

Contract The Contract between the Principal and the Contractor attached to these Site Conditions.

Contractor The entity contracted to perform and complete the services and/or any party, which makes a supply to the Principal under the Contract, however named in that Contract.

Personnel The Contractors employees and agents including any permanent, casual, apprenticed and subcontracted personnel.

Principal Kogan Creek Power Station Pty Ltd (ABN: 82 088 229 832) and/or CS Energy Limited (ABN: 54 078 848 745) and/or the entity stated as the Principal in the Contract.

Principal’s Any person nominated from time to time by the Principal and may Representative include any or all Kogan Creek Power Station employees.

PTW “Permit To Work” is an authorisation on the prescribed form giving approval for work on specified equipment/or in a specified area.

Site The place where the services are to be performed and includes any area that is located within the boundaries of the Kogan Creek Power Station and any buffer land that the station manages.

Services The whole and any part of the work which the contractor is required to perform and complete under the contract and includes variations, remedial work and all other work reasonably necessary for the performance of the Contract.

Station Means Kogan Creek Power Station

Work Shall have the same meaning as Services

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CS Energy Ltd Kogan Creek Power Station Site Conditions

1 INTRODUCTION

Kogan Creek Power Station Pty Ltd (ABN 82 088 229 832) is a wholly owned subsidiary of CS Energy Limited.

The Station is a 750MW, single unit, supercritical-steam; coal-fired power station located approximately 28km east of Chinchilla in south-west Queensland. The Station operates as a base load power station, generating electricity 24 hours per day, 7 days per week.

2 APPLICATION OF SITE CONDITIONS

These Site Conditions apply unless otherwise specified in the Contract between the Principal and the Contractor.

3 CONTRACTOR RESPONSIBILITY, SITE ACCESS AND INDUCTION

Prior to the Contractor or the Personnel accessing the Site, the Contractor must:

• ensure that its Personnel have completed the Principal’s site induction training (in accordance with paragraph 5.16 below) and PTW training (as applicable);

• ensure that its Personnel have received an electronic access card issued from the Principal upon completion of the site induction;

• provide at least three (3) days prior to commencement of the Services details of all Personnel accompanied by copies of their trade or professional certificates, indentures and tickets/licences necessary to carry out the Services along with a current form of identification in the form of a Drivers Licence or passport to the Principal’s representative; and

• ensure that all Personnel are fully aware of the Principal’s policies and procedures (copies of which can be obtained from the Principal’s representative) along with the requirements and conditions of the Contract regarding their performance and conduct while on or in the vicinity of the Site.

The Principal reserves the right to refuse entry or withdraw permission for any person from the Site if they do not comply with these Site Conditions or have the necessary competencies set out in clause 9.1.

The Contractor is responsible for:

• ensuring that the Personnel comply at all times with these General Site Conditions;

• ensuring that all Personnel are available at Site at the designated times and ready for the performance of the Services. If any of the Personnel are not available at the designated time and ready for the performance of the Services, unless provided for in the Contract, the Contractor shall supply a replacement within three (3) hours of such and event; and

• all aspects of security within the Contractor’s own work areas.

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CS Energy Ltd Kogan Creek Power Station Site Conditions

4 GENERAL WORKING CONDITIONS

Only competent, experienced, skilled, licensed and certified Personnel will be utilised to provide the Services. The Contractor shall provide evidence of such skills, experience competencies and certification/licenses to the satisfaction of the Principal.

All Personnel will be expected to work alongside the Principal’s multi disciplined, multi skilled workforce, and other Contractors on Site.

4.1 Personnel Access and Electronic Swipe Cards

Contractor’s Personnel are not permitted access to any area outside the immediate location where the Services are being performed. Specifically, Contractor’s Personnel are not permitted to enter the Control Room or any of the administration buildings, laboratory, workshops or stores, unless directed by the Principal’s representative.

The Principal reserves the right to refuse or withdraw permission for any person to access the Site. Any interruption to the Services under the Contract caused by the withdrawal of a persons permission to access the Site shall be regarded as an interruption within the control of the Contractor, and despite any other provision of the Contract, shall not be grounds for an extension of time or a claim for delay or disruption costs.

In such circumstances, the Contractor shall ensure that replacement Personnel acceptable to the Principal shall be available to commence work on the Site within three (3) hours of such an event, at no additional charge.

Electronic swipe cards will be issued to all Personnel who have completed the Kogan Creek Site Induction and it is the Contractors responsibility to ensure that all Personnel log on whenever they enter the Site and log off whenever they leave. If the Personnel are not required to be on Site for any more than (2) two consecutive business days, then they must return their swipe card to the Principal at the completion of each Site visit.

Additionally, the Contractor must ensure that all swipe cards issued to the Contractor’s Personnel are returned to the Principal upon completion of the work or termination of any of the Contractors Personnel. Failure to return the swipe cards will result in a $50 charge for each card - to be deducted from the Contractor’s final invoice.

4.2 Vehicles

Only Contractor's vehicles carrying equipment necessary for the performance of the Services shall be allowed on Site and entry to Site by each vehicle will be subject to approval by the Principal. Private vehicles belonging to Contractor’s Personnel are not permitted to enter Site.

All vehicles required to access the Site shall be registered and comply with Queensland legislative requirements. They must also abide by the following specific conditions: • Vehicles shall be registered with Site Security and provided with a “Vehicle Access Pass” prior to being granted access to Site. • All Personnel driving vehicles on Site shall have a current driving licence endorsed for the type of vehicle being driven. • All vehicles shall be clearly marked with the name of the Contractor. • All vehicles shall be fitted with a clearly visible rotating light. • Seatbelts must be worn on Site, in accordance with general road rules. • Keys shall be left in vehicles at all times when the vehicle is unattended. • There is to be no parking inside the turbine hall or between the boiler and bag house and other “no parking” designated areas on Site.

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CS Energy Ltd Kogan Creek Power Station Site Conditions

• The speed limits on Site will be sign posted and must be adhered to at all times. • Vehicles shall at all times obey road line markings and signs on Site.

4.3 Security

The Contractor’s Personnel shall comply with the Principal’s security procedures and policies with respect to entry to and exit from Site, vehicle parking and traffic control. All Personnel shall comply with any direction given by the Principal’s Representative including security staff.

Any vehicles and mobile plant, containers, personal bags, cases, tool boxes and the like being brought onto or taken from the Site shall be subject to inspection. All Personnel on Site will be deemed to have consented to such inspection.

The Contractor shall immediately report any theft to the Principal’s Representative.

4.4 Prohibited From Site

At no time, without the express written permission from the Principal, shall firearms, ammunition, pyrotechnics, explosives, illicit drugs, alcohol or animals be permitted to be brought on to the Site.

4.5 Permit To Work System

The Principal has a Permit to Work (“PTW”) system that is used to control all work on Site. All Personnel shall comply with the Principals PTW Manual and Code Of Practice, KC-PTW- 01 and associated procedures. These ensure that prior to the performance of any work, all potential energies on plant and equipment are properly isolated.

It is the responsibility of all Personnel to ensure that isolation points are not interfered with or operated without following the procedure set out in the Principal’s policy “KC-PTW-01”. Non- adherence to this policy or interference with any isolation point constitutes a serious breach of the Site Conditions.

The Principal may request that the Contractor nominate a PTW Officer and/or PTW Officer in Charge (“OIC”) for performance of the Services. This nomination is to be completed in accordance with the Principal’s policy “Approval and Training of Authorised persons within the PTW System” (PTW Manual V1.00.03).

The Principal’s PTW System includes the use of danger isolation tags and locks to secure isolation points. Personnel: • shall be issued with a numbered personal lock; • shall be required to fix their lock to the PTW Board ,sign on to the PTW ; • shall adhere to any instructions given by their OIC regarding work and removal of their personal lock; and • shall undertake training for the role of PTWO and OIC if requested by the Principal.

Unauthorised interference with danger tags, isolation locks and/or PTW Boards constitutes a serious breach of the Site Conditions.

Personal locks are to be returned to Principal’s representative at the completion of the Services on Site.

Failure to return locks to Principal’s representative will result in a charge of $25 for each lock. This amount will be deducted from the Contractor’s final invoice.

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CS Energy Ltd Kogan Creek Power Station Site Conditions

4.6 Smoking

Kogan Creek Power Station operates as a smoke free work site. Smoking is not permitted in any working area or other prescribed areas on Site. Smoking will only be permitted in areas designated by the Principal.

4.7 Fit for Duty

All Personnel must ensure they comply with the Principal’s policies and procedures regarding fitness for duty. They are to be fit for the duties they undertake and that they work in a manner that protects both themselves and other personnel from potential harm.

The Contractor acknowledges that while at the Principal’s workplace and/or conducting business on behalf of the Principal they are obliged to participate in testing programs as a condition of access to its workplaces.

Specific to the management of alcohol and other drugs, the contractors may be asked to provide a sample, either breath (for alcohol testing) or saliva (for drug testing).

The Principal will exclude, from any of the Principal’s sites, any Contractor whose test result does not meet the requirements set out in the procedure.

Risks due to the effect of fatigue shall be managed by the Contractor with appropriate control measures implemented. The most effective means to manage fatigue is to have adequate restorative sleep.

Where a Contractor has exceeded the requirements of the Principal’s fatigue management conditions they may be requested to leave site or refused entry to the site.

5 RISK MANAGEMENT AND WORKPLACE HEALTH, SAFETY AND ENVIRONMENT

5.1 Compliance with Legislation and Standards

The Contractor shall comply with all of the Principal’s policies and procedures as well as relevant Workplace Health and Safety Standards. These may include but are not limited to: • Workplace Health and Safety Legislation • Work Cover Legislation • Environmental Legislation

5.2 Safety and Environmental Plan

The Contractor shall submit an Occupational Health, Safety and Environmental (“OHSE”) Plan detailing the main activities and tasks involved while performing the Services on Site. The OHSE Plan shall show the assessment and control of risks for the potential hazards associated with the performance of the Services.

The Contractor’s OHSE Plan shall detail the requirements and methods used to ensure that all Personnel are physically fit and capable of performing the work and that work practices are environmentally sound and able to be carried out in a safe manner.

The Contractor shall complete Job Safety & Environmental Analysis sheets (JSEA’S), for all work prior to commencing that work.

Upon request, the Contractor shall provide the Principal with details of any OHSE incidents or near misses that may have occurred while carrying out the Contract.

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CS Energy Ltd Kogan Creek Power Station Site Conditions

5.3 Environmental Performance

The Contractor shall comply with any relevant requirements of the Environmental Protection Act 1994 and the Integrated Planning Act 1997 and the requirements of the Principal relating to environmental management and protection.

Some of these provisions include:

(a) The Contractor must ensure that all reasonable and practicable measures have been taken to prevent and/or minimise harm to the environment from any activity that will or is likely to cause environmental harm.

(b) The Contractor must prevent the occurrence of nuisance from dust, water, noise and vibration or other sources through or in connection with the execution of the Services.

(c) If the Contractor becomes aware that the Contractor or any other individual or group has caused any environmental harm, the Contractor shall notify the Principal immediately.

(d) The Contractor must immediately notify and supply with details to the Principal of any complaint made to the Contractor by any person about the Services undertaken by the Contractor on the Site.

(e) The Contractor must comply with any reasonable direction given by the Principal where the Principal forms the view that the Contractor’s work practices or those work practices of the Contractor’s Personnel may cause nuisance from dust, water, noise and vibration or harm, damage or pollute the environment through or in connection with the Services.

(f) Any spillage of wastes, contaminants or other materials shall be contained and then cleaned up as quickly as practicable and in the manner specified in the Site induction and relevant Site procedures. Spillages are not to be cleaned by hosing, sweeping or otherwise releasing such wastes, contaminants or materials into any stormwater drainage system, roadside gutters or watercourses.

(g) All oils, fuels and chemicals brought on to Site or decanted on Site by the Contractor must be adequately labelled, contained and bunded at all times to prevent spillage onto the ground or stormwater systems. They must be accompanied by a Material Safety Data Sheet, (“MSDS”) and registered in accordance with clause 5.14 of this document.

Any oil or chemical spill shall be contained and then cleaned up immediately with an approved dry type oil absorbent material. Each Contractor with equipment on Site that could potentially leak or spill oil shall hold on Site a stock of an approved oil absorbent material. The material may also be obtained from one of the many Oil Spill Kits located around the Site. Used oil absorbent material shall be placed in the designated disposal bins. No oil or absorbent material shall be permitted to discharge into stormwater drainage system, roadside gutters or watercourses

The Principal must be notified in the event of any environmental incidents.

5.4 Environmental Incidents and Complaints

The Contractor must report incidents and non-compliance with Environmental Authorities or complaints referred to in clause 5.3, in the following manner for:

(a) Incidents and non-compliance with Environmental Authorities

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(i) Written advice of the following information must be provided as soon as possible but no later than 7 days following an occurrence, incident or event (for the purposes of this clause all referred to as “event”): (A) The location of the event; (B) The time of the event; (C) The time the holder of the Environmental Authority became aware of the event; (D) The suspected cause of the event; (E) A description of the resulting effects of the event;

(F) Actions taken to mitigate any environmental harm and/or environmental nuisance caused by the event; and (G) Proposed actions to prevent a recurrence of the event.

(b) Complaints (i) Time, date and nature of complaint; (ii) Type of communication (telephone, letter, personal etc) (iii) Name, contact address and contact telephone number of the complainant (Note: if the complainant does not wish to be identified then “Not Identified” is to be recorded); (iv) Response and investigation undertaken as a result of the complaint (Note: if the complaint is considered frivolous or vexatious, the reasons for considering the complaint frivolous or vexatious must be recorded.); (v) Name of person responsible for investigating the complaint; (vi) Action taken as a result of the complaint investigation and signature of responsible person; and

(c) Advise if the complaint is about dust and provide on-site meteorological data relevant to the time from a representative site including wind speed and direction, temperature, barometric pressure, daily rainfall and relative humidity.

5.5 Audits

The Occupational Health Safety and Environment (“OHSE”) Plan will be audited in three stages, detailed as follows:

Stage 1

Prior to commencement of work on Site - the OHSE Plan will be reviewed against Station standards to ensure compatibility with existing systems.

Stage 2

During work on Site – the Principal may conduct an audit to ensure compliance with the controls detailed in the OHSE Plan.

Stage 3

On completion of work on Site - overall compliance of the OHSE Plan against Station systems is assessed and recorded for future work.

5.6 Non-Compliance

The number of audits will vary according to the length of the contract and time spent on Site. Non-compliance to the OHSE Plan will be reported in writing detailing non-conformances and opportunities for improvement. Extensive non-compliance or acts of incompetence or negligence will be considered a breach of contract.

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The Principal will not tolerate any breaches of the Site safety conditions and will require immediate action to remedy any breach.

5.7 Health and Safety Professionals

Where a Contractor employs more than 30 employees the Contractor shall appoint and maintain a Workplace Health and Safety Officer and Rehabilitation Officer prior to commencement of work on Site. The Contractor shall provide details of the names, contact numbers and qualifications of the persons so appointed.

5.8 Protective Clothing and Safety Equipment

The Contractor shall ensure that all Contractor Personnel wear protective clothing and are provided with, and use safety equipment to the complete satisfaction of the Principal. Protective equipment that shall be provided by the Contractor and worn by its Personnel in accordance with the requirements of the Workplace Health and Safety Act 1995, shall include, but not be limited to, the following: • High colour visibility long sleeved cotton shirts and trousers and/or combination overalls or equivalent. (Sleeves to be rolled down and buttoned at the wrist); • All Contractors shall ensure that their Personnel wear the same colour high visibility clothing; • Flame retardant clothing for all persons performing: • Potential live electrical work. • Acting as safety observers • Working in proximity to energised conductors • Welding and boiler-making work • Fully covered steel toe capped safety shoes/boots in accordance with AS2210; • Non - metallic safety helmets to AS1801-81 (Red and Orange helmets not to be worn on Site as they are reserved for emergency purposes only); • Hearing Protection (to be worn near all plant areas and/or when required by a JSEA); • Minimum requirement eye protection to AS1337 or any other types of eye protection as identified by a JSEA (Eye protection is mandatory and must be worn at all times while on Site); • Gloves as required; • Respiratory protective devices as required to AS1716; • Other PPE as required by JSEA’s.

The Principal will not provide protective clothing or wet weather gear to the Contractor’s Personnel.

The Contractor is responsible for the safety of all traffic and the provision of all necessary warning lights and barriers and all measures necessary for the protection of and the prevention of injury, loss or damage to any person or property in connection with the execution of the Services.

5.9 Working at Height

All Personnel must ensure they comply with the Principal’s policies and procedures regarding working at heights and must implement fall protection control measures when working at heights greater than 2.0m. Fall protection may be implemented by a combination or any of the following means: • Edge protection – permanent handrails • Scaffold – hand and mid rails with kickboards • Fall arrest or fall restraint systems with an associated recovery plan.

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5.10 Tools and Equipment

The Contractor shall ensure that all tools and equipment supplied to perform the Services are fit for purpose and are maintained in a clean and safe condition. Where applicable, such tools and equipment shall comply with legislative requirements. i.e. Lifting slings to be certified and electrical equipment “tested and tagged”.

All electric welding equipment must be fitted with a voltage reduction device (VRD) to AS 3195.

Without lessening the responsibility of the Contractor the Principal shall have the right to inspect any and all tools and equipment. If, after such inspection, the Principal finds that the tools or equipment are unsuitable to perform the Services, the Contractor shall provide replacement tools or equipment at no additional cost to the Principal.

5.11 First Aid

The Principal’s Security officers will be trained to administer First Aid, and in the event of Personnel sustaining injury they will be available to administer First Aid during the hours of 0600 and 1800 Monday to Friday. Outside of these hours the Principal’s personnel on Site will be available to provide First Aid services.

Contractors are encouraged to provide Personnel who are trained in First Aid.

It is a requirement of the Workplace Health and Safety Act 1995 that every “serious bodily injury’, “dangerous event”, “work caused illness” or “work injury” (as the terms are defined in that Act) be immediately reported to the Principal.

5.12 Vaccinations

Where the Contractor is performing work that requires vaccinations such as Hepatitis A & B, tetanus, etc, the Contractor is responsible for ensuring its Personnel are appropriately vaccinated and these are up to date at all times. Information on Personnel vaccinations shall be provided to the Principal upon request.

5.13 Injuries

The Contractor shall ensure that all injuries to its Personnel are reported to the Principal as soon as practicable. An injury report must be completed by the Contractor and handed to the Principal within twenty-four (24) hours of the injury occurring.

5.14 Dangerous Occurrences / Incidents / Near Misses

The Contractor shall ensure that all dangerous events and/or critical incidents and near misses involving its Personnel are reported to the Principal as soon as practicable.

5.15 Material Safety Data Sheets (MSDS)

All chemical and/or hazardous substances used on Site shall be accompanied by a Material Safety Data Sheet (MSDS) and shall be registered in the Principal’s “Chemical and Hazardous Substances Register”.

An MSDS must be submitted to the Principal prior to any chemical and/or hazardous substance being brought on to Site.

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A copy of the MSDS must accompany any chemical and/or hazardous substance at all times while it is on Site.

5.16 Site Inductions

No Personnel shall be allowed to access the Site prior to completing the Principal’s Site induction training and receiving a Site access card (electronic swipe card).

No Personnel shall perform work on Site prior to completing the Principal’s Site induction and PTW training.

Site induction training will be valid to access the Site for a period of twelve (12) months from the date of training after which, the Personnel will be required to complete the training again. However, if any Personnel have not accessed the Site for a period of six (6) months or more, then they are required to complete the site induction again.

Specific inductions may be required for certain areas of plant and types of work including but not limited to confined space training, specific electrical training and cooling tower specific inductions.

Should the Contractor employ additional Personnel during the course of the Contract, the Principal will arrange as soon as possible to conduct inductions for these Personnel. Any delay by the Principal in conducting this training will not be grounds for extensions of time or claims for additional costs.

5.17 Bullying, Harassment and Victimisation

The Contractor must take all necessary measures to prevent the occurrence of bullying, harassment and victimisation by the Contractors Personnel. If the Contractor becomes aware of any instance of bullying, harassment or victimisation then the Contractor must notify the Principal immediately and take steps to address the issue.

5.18 Electric and Magnetic Fields

Some areas of the Site and plant have access restrictions due to the presence of high voltage generation or transmission sources. Personnel and others must advise the Principal if they have pacemakers, metallic medical implants or hearing devices.

6 FACILITIES

6.1 General

The Contractor may be allocated a lay down and storage area or building or part thereof on Site by the Principal. Power, water, sanitation and drainage may be available for the Contractor's use.

The Contractors use of any laydown area, facility, building or part thereof, is pursuant to a non-exclusive licence only. The Principal may at any time withdraw or amend the permission for such use. The Principal’s permission for any use by the Contractor does not create or imply any form of tenure in any area, lay down, building or part thereof.

All maintenance or improvements to any area shall be approved by the Principal prior to any work being done. The cost of maintenance and improvement of any property of the Contractor shall be met by the Contractor.

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Any area occupied by the Contractor but outside the area allocated to the Contractor shall, at the request of the Principal, be cleared at the Contractor's expense. The Principal has the right to change and/or allocate new areas to the Contractor.

6.2 Portable Office/Crib and Ablution Buildings

With Principal’s written consent, the Contractor may supply and install the Contractor’s own portable site buildings including offices, lunchrooms, toilets, locker rooms, washing facilities and containers, all of which, must be installed and maintained to the satisfaction of the Principal. All buildings/containers shall be in accordance with the Workplace Health and Safety Act 1995 and any relevant Regulations and the relevant Australian Standards and otherwise shall be of a standard satisfactory to the Principal.

Without lessening the responsibility of the Contractor or the statutory obligations, all buildings/containers may be inspected by the Principal prior to the equipment being permitted on Site. Any building/container that does not, in the opinion of the Principal, comply with any requirement of the Principal will not be permitted on Site.

All buildings/containers shall be clearly marked with the Contractor’s name.

All shipping containers being used for work on Site shall have an emergency hatch/exit fitted.

Upon any request by the Principal, all Contractor buildings and containers on Site shall be made available by the Contractor for inspection by the Principal.

6.3 Storage Area

The Contractor shall be responsible for the adequacy of protection against loss, corrosion damage or mechanical damage of the Principal’s materials and/or equipment in their possession. If necessary, the Contractor shall arrange covered storage at the Contractor’s expense. Any damage that may occur to material and/or equipment shall be repaired, refurbished or replaced to a condition reasonably required by the Principal before that item is installed.

6.4 Site Cleaning

The Contractor is responsible for cleanliness of the Contractor’s work and facilities areas and is to arrange and maintain any necessary services required to achieve such cleanliness.

The Contractor shall be responsible for the removal of all rubbish, spoil and waste from Site. The Contractor is not to use any Site rubbish bins without the permission of the Principal. Materials shall not be dumped on any adjacent land. At all times when working on Site, the Contractor shall make provision to prevent damage to the local environment, adjacent plant or buildings.

Upon completion of the Contract, the Contractor shall, subject to the provisions of the Contract, remove all buildings, workshops and temporary Services, all equipment and surplus materials and shall restore the Site and leave the whole of the work area and surroundings in a clean and tidy condition fit for immediate use.

6.5 Power Supplies

A limited supply of electricity at 240 volt and 415 volt 3 phase 4 wire 50 Hz will be provided free of charge to the Contractor provided that the Contractor exercises reasonable economy in its use. All electrical work performed by the Contractor must be performed in accordance with section 7 of these Site Conditions.

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The Principal may provide power supplies solely for the use of the Contractor. The Contractor shall supply approved power distribution boards to connect to these outlets for all the Contractor’s power requirements.

The power distribution board shall be provided by the Contractor in accordance with AS 3000 and other relevant Australian Standards. Residual Current Device (RCD) protection is required on all power distribution boards.

All connections and disconnections at the above mentioned supply points shall be carried out by the Contractor and approved by the Principal prior to use.

Where required by the Principal, cable shall be run in conduit.

6.6 Lighting

The Contractor shall provide all temporary lighting required for the performance of the Services. All lighting must comply with relevant legislation (codes and standards) for the type of work to be performed. The Contractor shall not tamper with or remove any lighting that has been installed by the Principal.

The Contractor shall be responsible for the maintenance and supply of parts for all the Contractor’s own lighting.

6.7 Water

A limited supply of potable and/or non-potable water will be provided to the Contractor and at various locations on the Site free of cost subject to the Contractor exercising strict control over its usage.

Any pipe-work required by the Contractor for reticulation beyond the Principal’s points of supply shall be provided by the Contractor at no cost to the Principal. The Contractor shall install and maintain such pipe-work with the approval of and to the reasonable satisfaction of the Principal.

6.8 Compressed Air

A limited supply of compressed air may be made available from the Station compressed air system for operation of small air tools used to perform the work.

Where the Contractor's compressed air needs cannot be readily met by the Station system, the Contractor shall provide its own compressors. Compressed air for blast cleaning work shall be provided by the Contractor. Compressors shall be fitted with approved silencers and located on Site to the satisfaction of the Principal.

6.9 Photography

No photographs are to be taken on Site without the written permission of the Principal.

7 CONTRACTORS EQUIPMENT

7.1 Responsibility for Equipment

The Principal will not accept responsibility for loss of or damage to the Contractors vehicles, tools, clothing or equipment. The Contractor shall arrange any security deemed to be necessary within the Contractor’s own work area at no cost to the Principal. The Contractor shall immediately report any theft to the Principal.

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Each item of equipment belonging to the Contractor shall be clearly marked with identification specifying ownership and contact details of the Contractor.

7.1 Electrical

All electrical work on site shall be conducted in accordance with the Principal’s Electrical Safety Management Procedure, CS-OHS-31 as well as the relevant Australian Standards, Codes and Statutory requirements.

The Contractor shall submit to the Principal, no later than two (2) weeks prior to the commencement of work on Site, a plan showing where the power distribution boards are to be located and an inventory of all electrical equipment to be utilised on Site.

Without lessening the responsibility of the Contractor in regard to safety of equipment and statutory obligations, all electrical equipment, shall have clear and permanent identification and have current certification as “tested and tagged”. All equipment may be subject to inspection by the Principal prior to being permitted on Site.

Any equipment that does not comply with all statutory and/or Site requirements will not be permitted on Site.

Any equipment or tooling found to be defective by the Contractor or the Principal is to be immediately removed from service by the Contractor and clearly marked “Out Of Service”. All electrical faults that occur during the conduct of the Services must be reported to the Principal. The Contractor shall ensure that all of the Contractor’s electrical equipment is suitably maintained, calibrated, certified and repaired at no cost to the Principal.

The Principal has in place restrictions relating to the performance of live electrical work and work in proximity of exposed energised conductors. Personnel are not to encroach the safe approach distances and exclusion zones as specified in the Electrical Safety Regulations and Codes of Practice and/or the Principal’s policies and procedures. Personnel must be authorised through the PTW System to work in any explosive atmospheres or hazardous areas, undertake live electrical work, test and prove de-energised and work in an "authorised zone".

All Personnel are to treat any exposed electrical part as energised until it is isolated and proven de-energised. The Principal requires all electrical Personnel to implement a test for dead before commencing work on electrical equipment and installations - (TEST BEFORE YOU TOUCH).

Where electrical work has been conducted on electrical equipment, a certificate of testing and safety is to be provided to the Principal by a licensed electrical Contractor.

Where electrical installation work has been performed on a high voltage electrical installation, or on an electrical installation located in a hazardous area, the work is to be inspected by an accredited auditor and an inspection and test certificate is to be provided to the Principal.

Electrical Cord Extension Sets

All electrical cord extensions sets on Site shall comply with Australian Standard AS 3120:1999 – Approval and test specification – Cord Extension Sockets.

All socket ends of electrical leads used on Site must be fitted with a socket with a “shroud” or protection of the socket face.

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All power leads used to conduct the Services shall be run in a neat and safe manner, ensuring that access for Personnel and vehicles is not endangered or impeded. Where cables cross walkways, then suitable protective covers shall be supplied and installed by the Contractor.

7.2 Inspection, Measurement and Test Equipment

The Contractor’s inspection, measuring and test equipment shall comply with the Principal’s calibration requirements. Records shall be provided to the Principal prior to the equipment’s use on any plant or equipment on Site.

7.3 Statutory Authority Certificates

Before any item of plant that is subject to Statutory Authority Certification, is put to use on Site the Contractor shall provide copies of the relevant Statutory Authority Certificates to the Principal. No modification shall be made to any plant or equipment that is the subject of a certificate unless the modification is approved by the Authority that issued the certificate. The Contractor shall provide the Principal with a copy of the authorisation of the modification.

7.4 Lifting, Rigging and Scaffolding Equipment

All lifting, rigging and scaffolding equipment to be used on Site must comply with statutory requirements and Site safety requirements. The Contractor is required to have a procedure that prescribes the methods of registration and inspection of all lifting and rigging equipment.

Scaffolds erected on Site must be tagged if they are greater than 2m high.

The “Scafftag" recording system is used for all scaffolding on Site.

Without lessening the responsibility of the Contractor in regard to safety of equipment and statutory obligations, all lifting, rigging or scaffolding equipment and appropriate certificates and records may be inspected by the Principal prior to the equipment being allowed on Site. Contractors shall ensure that containers carrying lifting, rigging and scaffolding equipment are accessible so that the Principal may conduct an inspection prior to equipment entering Site. Any equipment that does not comply with all statutory and/or Site requirements shall not be allowed on Site.

All equipment found by the Principal to be defective or inappropriate for use shall be immediately removed from service and costs incurred in repairing or replacing the equipment be met by the Contractor.

8 WORKMANSHIP

The Services shall be conducted in a proper and tradesman-like manner and to the standards specified in the contract, and to the extent that such standards are not specified, then to a standard commensurate with international practices, methods, specifications, standards of safety, construction and commissioning/testing for work of a similar nature to that being carried out by the Contractor.

9 QUALIFICATIONS AND EXPERIENCE

9.1 General

All Contractor’s Personnel shall:

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(a) have experience commensurate with the tasks they are employed to do, for example, in heavy industry maintenance or construction, be able to work at heights, in confined spaces, and be able to communicate and cooperate with other employees;

(b) possess the appropriate trade certificates/statutory tickets relevant to the Services being performed or specified in the Contract between the Principal and the Contractor. These must be attached to the Identification Card Application to be completed prior to access to Site. Permission to enter the Site will not be given if qualifications are not attached to these applications; and

9.2 Pressure Welders

If the Services include coded welding then, the Contractor shall ensure that its weld supervisor is qualified in accordance with AS 1796-2001 to Certificate No.10 and that pressure welders maintain current qualifications for codes required to perform the Services. Testing shall be the responsibility of the Contractor and should be undertaken within 6 months prior to commencement of work on Site. The Contractor is to maintain records of such qualifications and provide them to the Principal if requested.

9.3 Trades Assistants/General Hands

All trades assistants shall have experience working with tradespersons on large industrial sites. Where the Contractor chooses to employ people with little or no experience of this type of work or where the person is younger than seventeen (17) years of age they shall only be employed in areas and on work approved by the Principal.

10 ACCOMMODATION AND TRANSPORT

Unless otherwise specified in the Contract, the Principal will not provide accommodation and transport for Personnel or meet the cost of any accommodation and transport that the Contractor provides for the Contractor’s Personnel. The Contractor shall be deemed to have made all appropriate allowances in the contract price.

11 INDUSTRIAL RELATIONS

The Contractor shall be responsible for industrial relations within the Contractor’s own workforce.

The Contractor shall keep the Principal fully informed of any disputes or other matters likely to affect industrial relations on the Site.

Upon request, the Contractor must provide copies of all industrial instruments and agreements applicable to the Contractors workforce to the Principal.

The Contractor must ensure that it deals with all industrial matters relevant to its Personnel at the Site such that the services are executed without interruption, that industrial disputes are avoided and all Personnel are paid and receive all amounts, benefits, allowances and conditions to which they are entitled.

12 EQUAL EMPLOYMENT OPPORTUNITY (E.E.O.)

The Contractor shall provide employment conditions that ensure equal employment opportunities and that are free from unlawful discriminatory practices. Such employment must reflect both relevant legislation and current community standards.

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13 INTERFERENCE

As the Principal is an electricity generating authority the operation and maintenance of the Station is at all times of primary importance. The Contractor shall not do anything that could interfere in any way with the continuity of electricity supply without approval of the Principal whose decision shall be final and despite any other provision of the Contract may be in the interest of the Principal alone.

14 LIAISON

The Contractor shall appoint and make available at no additional expense to the Principal, a Contractor’s representative to act as liaison officer between the Principal and the Contractor.

The Contractor shall notify the Principal in writing of the name and contact numbers of the Contractor’s representative and of any subsequent changes.

Any direction given by the Principal to the Contractor’s representative in relation to the Services under the Contract shall be deemed to have been given to the Contractor.

Matters within the knowledge of the Contractor’s representative shall be deemed to be within the knowledge of the Contractor.

15 AUDIT REQUIREMENTS

Upon reasonable notice, if required by the Principal, the Contractor shall make available for inspection, time sheets, wages books and any other documentation that substantiates a claim for payment or evidences compliance with any requirement of these Site Conditions.

16 BUSINESS SYSTEMS

If required by the Principal, the Contractor shall utilise the Principals business management system, SAP, to provide work close out information as required by the Principal.

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CS ENERGY PROCEDURE FOR FATIGUE MANAGEMENT CS-OHS-12

Responsible Officer: GM Organisation Development Approved: Chief Executive

CONTENTS

1. Preamble ...... 3 2. Scope ...... 3 3. Purpose and Objective...... 3 4. Definitions ...... 4 5. Obligations ...... 6 6. Responsibility ...... 6 6.1 Shared Responsibility ...... 6 6.2 CS Energy ...... 7 6.3 Site Managers / Relevant General Manager ...... 8 6.4 Superintendents and Supervisors ...... 8 6.5 Health &Safety Specialist & Rehabilitation & RTW Coordinator ...... 9 6.6 Employees, Contractors and Visitors ...... 9 6.7 CS Energy Contract / Overhaul Administrators ...... 9 6.8 Contracting Company ...... 10 7. Counselling and Support ...... 10 7.1 Employee Assistance Program (EAP) ...... 10 7.2 Employee Treatment and Support ...... 10 8. Privacy and Confidentiality ...... 11 9. Education and Training...... 11 10. Fatigue Management System and Procedures...... 12 10.1 Fatigue Risk Management Framework ...... 12 10.2 Risk Assessment ...... 12 10.3 Identification of Fatigue ...... 12 10.4 Assessing Fatigue Impairment ...... 12 10.4.1 Assessment Methods, Tools and Criteria: ...... 13 10.4.2 Self-assessment ...... 13 10.4.3 Random Assessment ...... 14 10.4.4 Overhaul Assessment ...... 14 10.4.5 With Cause (post-incident) Assessment ...... 14

10.4.6 Reasonable Suspicion Assessment ...... 14 10.4.7 Assessment Results...... 15 11. Management of a Person Impaired by Fatigue ...... 15 11.1 Employees Affected by Fatigue...... 15 11.2 Contractors or Visitors Affected by Fatigue ...... 16 12. Rules For Managing Fatigue ...... 16 12.1 Planning / Pre-agreed Rosters ...... 16 12.2 Contingency and Call Outs ...... 17 12.3 Contractor Pre-commencement Requirements ...... 17 13. Accommodation ...... 18 14. Travel ...... 18 15. Fatigue Impact from Roster Alteration ...... 18 16. Extended Hours following a Contingency ...... 18 17. Call outs ...... 19 18. Telephone Call Disturbances ...... 19 19. Prior Sleep and Wakefulness ...... 19 20. Breaks Within Shifts ...... 20 21. Scheduling ...... 20 22. Emergency and Crisis Response ...... 20 23. Monitoring Future Research ...... 21 24. Audit, Review and Reporting Process ...... 21 23.1 Review and Recording ...... 21 23.2 Records ...... 21 23.3 Audit and Review of Actual Performance ...... 22 23.4 Incidents ...... 22 25. Further Information ...... 22 26. References ...... 22 Appendix 1 – Sign and Symptoms of Fatigue ...... 23 Appendix 2 – Risk Factors and Control Measures ...... 24 Appendix 3 – Prior Sleep Wake Model ...... 26 Appendix 4 – Risk Score Chart ...... 28 Appendix 5 – Form S1886, Observation Record and Fatigue Assessment ...... 29

Version History

1 Amended following review from Workshop held March 2010 B. Johnson 23.10.10 0 Issued for implementation B Johnson 20.01.09 Revision Description Originator Date

CS-OHS-12 – Procedure for Fatigue Management 2 1. PREAMBLE

This procedure complies with the common policy for the Management of Fatigue developed collaboratively by Employee and Management representatives of , , and CS Energy with State Union Officials of AMWU, APESMA, ASU, QSU, ETU, and CFMEU (M&E). The focus of this document is health and safety of workers and others relating to fatigue. Fatigue related impairment is considered an identifiable workplace hazard. Like any hazard, the controls employed to manage the risks posed by fatigue are based on sound principles. The most effective means to manage the effects of fatigue is to have restorative sleep. Work rosters are the primary means employers use to establish the working hours of Employees. The first order of control to manage fatigue outlined in this document is derived by assessing the opportunity that particular work patterns provide for restorative sleep. The duration of breaks or limits of planned rosters promoted in this procedure are based on the opportunity for restorative sleep provided by rostered work patterns. This procedure is designed to manage the health and safety risks resulting from fatigue related impairment. Any possible longer term effects of particular work patterns for example the psychosocial effects are not considered in this procedure.

2. SCOPE

This procedure applies to all CS Energy Employees, Contractors and Visitors whilst at the workplace or carrying out activities on behalf of (or when representing) CS Energy.

3. PURPOSE AND OBJECTIVE

CS Energy has an obligation to minimise risk due to fatigue on Employees, Contractors, Visitors and the public whilst at the workplace or whilst carrying out activities on behalf of (or when representing) CS Energy. This is underpinned by the organisation’s ‘Fit for Duty’ policy and ‘Fatigue’ policy. Where the effects of fatigue and/or the nature of the work being performed induces fatigue causing impairment to a person’s health and safety, CS Energy will ensure that appropriate and reasonable management action, consistent with this procedure, is taken. The objective of this procedure is to provide appropriate knowledge, skills and tools for the safe management of fatigue to: • maintain a safe and healthy work environment; • minimise the risk to Employees, Contractors, Visitors and the public; • act as a minimum standard; • encourage persons affected by work and non-work related fatigue to seek assistance; • enable the appropriate people to perform their role and responsibilities whilst maintaining the privacy and confidentiality of people participating in fatigue management; and • educate and provide a greater understanding of the effects of fatigue to Employees, Contractors and Visitors.

CS-OHS-12 – Procedure for Fatigue Management 3 4. DEFINITIONS

The definitions in this document pertain only to the matters dealt with in this document. They shall not be used to infer rights and/or obligations in any other industrial mechanism.

24-hour Period A rolling period of 24 consecutive hours. On Call Persons rostered to be available to respond to plant contingencies outside their rostered attendances. Call Out A period when a person is required to work outside their rostered attendance due to an unplanned event.

Circadian Rhythm A bodily rhythm that is cyclic and recurs every 24 hours. It increases alertness and performance during the day and drives us to sleep at night. Compulsory Break Break periods as defined in Section 12. Consultation The timely exchange of relevant information and ideas in such a manner that the parties have the actual and genuine opportunity to influence the outcome.

Contingency A future event which is possible but cannot be predicted with any certainty. Contractor A person who carries out work under a contract for services with CS Energy, either as an individual or as an Employee of a company other than CS Energy or its related bodies corporate as defined in the Corporations Act 2001 (Cth). Crisis A time of severe difficulty or danger. Emergency A serious unexpected and potentially dangerous situation requiring immediate action. Employee A person having a valid contract of employment with CS Energy and/or is in receipt of salary or wages from CS Energy or its related bodies corporate as defined in the Corporations Act 2001 (Cth).

Employee Assistance The EAP is provided by trained professionals operating Program externally to CS Energy. They provide counselling, information and assistance on a wide range of problems including work stress, relationship and family problems, conflict and managing change, and other issues that may lead to fatigue problems. Essential Personnel Personnel vital to the resolution of the crisis. Extra Ordinary Hours Successive days of greater than 12.5 hours. Fatigue A state of impaired physical and/or mental performance and lowered alertness. Influences on fatigue include, but are not limited to restorative sleep, physical or mental activity, refreshment, time of day and length of time awake.

CS-OHS-12 – Procedure for Fatigue Management 4 Fatigue Assessment Is a process to assist in determining fatigue risk level and suitable control measures for Personnel. It may be used for situations such as call outs, extension of work time, random, due cause etc. Fit for Duty Means that a person is in a state (physical, mental and emotional) which enables them to perform assigned tasks competently and in a manner which does not threaten or compromise the safety or health of themselves or others.

Handover A meeting between the change of shift. Health & Safety An employee of CS Energy who is engaged in a Health and Specialist Safety role as a Manager, Coordinator or Advisor. Night / Shift Work Requirement to work during the time when a person would normally be asleep, that is, they require a change to the normal sleeping pattern. Typically, work outside daylight hours. Personnel / Persons Employees, Contractors, Visitors. Prior Sleep Wake Is a means for determining a person’s fatigue risk levels based Model on the amount of sleep obtained in the prior 24 and 48 hour period.

Random A selection process where each variable in the sample has the same probability of being selected.

Reasonable Suspicion Is an opinion that is formed as a result of an observation that is conducted by a suitable trained person with reference to Appendix 1.

Rest Period A period allocated for recovery and/or restorative sleep. Risk Assessment A documented process of identifying hazards, assessing the risks and determining the control measures. Roster A programmed sequence of attendance. Rostered Hours Attendance at work according to an agreed schedule Safety Critical Work Work or activities that are critical to the safe planning and/or performance of tasks, involve the safety of people or others at the workplace and the safe operation of plant or the safe use of equipment

Shift Work A pattern of work rosters including day and/or night periods Sleep Debt Occurs when a person does not achieve adequate restorative sleep. It can accumulate over a period of days of inadequate sleep or a night without sleep. Sleep debt may result in impaired performance, reduced alertness and higher levels of sleepiness and fatigue. A sleep debt can only be repaired with recovery sleep. Sleep Inertia Impairment of alertness and performance immediately upon waking e.g. may last for a period of up to 30 minutes Scheduling The allocation of tasks and resources.

CS-OHS-12 – Procedure for Fatigue Management 5 Stakeholders Includes Employers, Employees, Employee Representatives and Industrial Organisations. Suitable Place for A facility where a person can obtain good quality restorative Sleep sleep. Suitable Trained A person who is authorised by CS Energy to perform fatigue Person assessments following successful completion of training and education by a trainer in the relevant field approved by CS Energy.

Transparent and Information must be readily available and accessible to all Auditable personnel within 7 days of occurrence e.g. distributed to the working party, intranet, etc. Unplanned An event that has the ability to imminently cause (a) safety risks, Contingency (b) environmental impacts and (c) loss of generation. Visitor A person seeking access to a CS Energy workplace without entering into an employment relationship or contract with CS Energy, e.g. attending a CS Energy workplace as an invited guest of an Employee or Contractor. Working Time The period of time spent conducting company business.

5. OBLIGATIONS

All Personnel shall comply with this common policy for fatigue management. All Employers have an obligation to ensure that this policy is in place to promote, support, monitor and review the workplace practices and outcomes. All Personnel have an obligation to ensure they turn up to work in a state that enables them to conduct their business activities in a safe manner. All Employers have an obligation to ensure that as far as reasonably practical that those workers unfit to drive due to the effects of fatigue are transported to their home or alternative suitable place for sleep. Where a fatigue risk is identified the situation must be managed to remove or minimise the risk.

6. RESPONSIBILITY

Everyone at the workplace has a responsibility to ensure that fatigue does not affect their own or others’ health and safety in the workplace.

6.1 Shared Responsibility

The management of fatigue is considered a shared responsibility between an organisation and its Personnel as illustrated in Figure 1. CS Energy is responsible for providing a safe system of work which includes the development, implementation and management of working time schedules, work schedules and the establishment of a safe work environment and work practices. Personnel are responsible for ensuring they are fit for duty by taking into account their lifestyle and medical factors that could influence fatigue, and managing these appropriately.

CS-OHS-12 – Procedure for Fatigue Management 6 FATIGUE Organisational Employee Responsibilities Responsibilities

WORK-RELATED NON WORK-RELATED Hours of work, Situation & Workload & Lifestyle, Environment Medical disorders

Fig. 1 - Shared responsibility model

6.2 CS Energy

CS Energy will: • educate its Employees about the impacts of fatigue; • offer rehabilitation and assistance to any Employee taking into account the person’s right to privacy and confidentiality; • provide leadership and commitment through the allocation of resources and Personnel for the establishment, implementation, evaluation and review of the fatigue management program; • review, monitor and track all aspects of the fatigue management program to ensure compliance across whole of site and Personnel as well as identifying areas for improvement; • ensure that the fatigue assessment process is utilised and documented; • provide appropriate fatigue management training; • develop and implement agreed working rosters to ensure adequate opportunity for restorative sleep is provided; • provide support processes, policies and services for Personnel; • ensure that if a person’s capacity to work safely is reduced by fatigue they can notify their supervisor without fear of adverse repercussions; • ensure that privacy and confidentiality is maintained; • provide suitable accommodation for Employees when required to travel for work; • provide an Employee Assistance Program (EAP) that places emphasis on the recognition and management of fatigue; and • report quarterly to Employees on the number and location of evaluations carried out.

CS-OHS-12 – Procedure for Fatigue Management 7 6.3 Site Managers / Relevant General Manager

Site Managers / Relevant General Managers are responsible for: • implementing this procedure at the workplace; • investigating apparent breaches of the provisions of this procedure; • taking appropriate actions where breaches of the procedure have occurred; • ensuring that privacy and confidentiality is maintained; • ensuring that during recruitment processes, prospective Employees are advised that a fatigue procedure is in place; • ensuring that the Employee and workplace induction processes includes education on the standards, obligations and responsibilities of this procedure; • ensuring that investigations of incidents assess the effects of fatigue; • assisting Supervisors and Managers in applying this procedure. This includes facilitating access to counselling, rehabilitation and other assistance services when required; • monitoring the application of this procedure and regularly assessing the suitability and adequacy of this procedure and identifying any aspects that can be improved and report accordingly about those matters; • providing advice to management, particularly on the privacy and confidentiality rights of Employees; and • ensuring that privacy and confidentiality is maintained.

6.4 Superintendents and Supervisors

Superintendents and Supervisors are responsible for: • assisting in and implementing this procedure to minimise the causes of work related fatigue; • ensuring that, to the extent possible, fatigue is considered in planning working rosters, work allocation and scheduling, taking into account the range of matters set out in Appendix 2; • identifying and advising the relevant Site/General Manager about issues with the practical application and operation of this procedure and any areas for improvement; • consulting with appropriate Personnel, arranging suitable alternate duties (where possible) and/or a safe location for a person impaired by fatigue; • ensuring that fatigue is considered in the investigation of any incident; • maintaining privacy and confidentiality, including acting on reports of concern about privacy and confidentiality; • facilitating other actions as defined under this procedure; and • recognising and assessing the signs, symptoms and management of fatigue (refer to Appendix 1).

CS-OHS-12 – Procedure for Fatigue Management 8 6.5 Health &Safety Specialist & Rehabilitation & RTW Coordinator

Health & Safety Specialists and Rehabilitation and Return to Work (RTW) Coordinators are responsible for: • ensuring that information and education regarding this procedure are provided in Employee and workplace inductions; • offering to arrange support, counselling and medical advice for Employees; • providing advice on establishing suitable alternate duties (where possible); and • Maintaining records and reporting fatigue matters and statistical data. • maintaining privacy and confidentiality.

6.6 Employees, Contractors and Visitors

Employees, Contractors and Visitors (all Personnel) must: • Not wilfully place their own or others health and safety at risk; • make every reasonable effort to be fit for work whilst:

- at work; - on call; - driving a company vehicle; or - operating company plant or equipment. • notify their Supervisor (host if Visitor) if:

- their work performance is likely to be affected by fatigue; or - there is any risk to themselves or others due to the effects of fatigue; • notify their Supervisor or other responsible person immediately (if a person will not self manage their potential impairment) where there a potential risk to health and safety if they suspect others in the workplace are behaving in a manner that suggests fatigue related impairment exists (refer to signs and symptoms in Appendix 1); • encourage other Personnel to comply with this procedure; • participate in fatigue assessments, if requested; • report any actual or potential fatigue risks; and • fulfil their obligation to arrive at work fit for duty. All Personnel are encouraged to use time away from work to obtain sufficient restorative sleep to ensure fatigue related risks are managed to an acceptable level.

6.7 CS Energy Contract / Overhaul Administrators

Contract/Overhaul administrators are responsible for: • ensuring that information on this procedure is provided with the contract documentation; and • advising Contractors of their role in complying with CS Energy’s fatigue management procedure.

CS-OHS-12 – Procedure for Fatigue Management 9 6.8 Contracting Company

The Contractors’ fatigue risk management systems shall, as a minimum, comply with this procedure. • Contractor companies are individually responsible to ensure that suitable place for sleep accommodation is available for their Employees; • Contractor companies shall provide to CS Energy, upon request, working time records and travel history for the 7 day period leading up to the on-site commencement date for the site. Documentation regarding all workers is to be kept on record prior to the commencement of any contract; • Contractors shall ensure that any workers that have worked 6 or more consecutive day shift/work in the previous 7 days are to have a 24 hour break prior to commencement of work on-site to allow opportunity for adequate restorative sleep; • Contractors shall ensure that any workers that have worked 4 or more consecutive night shift/work in the previous 7 days are to have a 48 hour break prior to the commencement of a day shift/work on-site to allow opportunity for adequate restorative sleep; • any breach of this procedure will be considered a serious safety incident that will be investigated. A Contractor found to be in breach of the requirements of this procedure may result in the imposition of penalties under the contract. In extreme circumstances they may be asked to show cause why they should not have their contract and/or access to CS Energy site(s) terminated; and • all travel time when in control of a vehicle prior to the commencement of and after the completion of work shall be incorporated into the assessment of fatigue levels.

7. COUNSELLING AND SUPPORT

7.1 Employee Assistance Program (EAP)

CS Energy provides a confidential EAP through an external service provider. This program is available to all Employees and their families free of charge. Contact details of the EAP are posted around each workplace. CS Energy can provide information regarding the service and will arrange an appointment on request. An Employee may directly contact the external service provider if they so choose.

7.2 Employee Treatment and Support

CS Energy recognises that some Employees may require treatment and/or support for fatigue related issues. If an Employee believes he or she requires assistance, or where CS Energy management consider a person may require assistance, that Employee will be encouraged to obtain treatment and/or support through: • EAP Counsellors; • Community Health Services; • Support groups or other specialist services; • Rehabilitation and RTW Coordinators; • Medical Practitioners; • An Occupational Health Nurse or Health and Safety Adviser.

CS-OHS-12 – Procedure for Fatigue Management 10 CS Energy will, in all cases, offer an appropriate, fully funded treatment and/or support program in accordance with the organisation’s procedure for Workplace Rehabilitation and WorkCover Claims, Document No. CS-OHS-4. Any Employee who participates in a treatment and or support program to manage a fatigue related issue will be granted leave (which may include special leave) in accordance with the relevant workplace industrial instruments (e.g. EBA).

8. PRIVACY AND CONFIDENTIALITY

The use of information gained as a result of a fatigue assessment will be strictly limited to purposes consistent with this procedure. CS Energy will ensure, that Employee, Contractor and Visitor information is kept confidential and secure. All documentation and requests for disclosure will be handled according to relevant Legislation. Information will only be used for the purpose of determining fitness for duty, assignment of appropriate duties, treatment and/or support purposes. CS Energy will only release information to a third party as required by law, and with the written permission of the Site Manager after the person concerned has been advised. The person concerned will be advised and this advice shall be documented. Records of fatigue assessments are not to be passed on by the company to any future Employer (except in the case of a transmission of business where the Employees transfer their employment to the new owner). Records of fatigue assessment results of Contractors will be kept secure and not passed on to any person other than their Employer’s nominated representative. CS Energy will take all reasonable steps to respect the privacy and confidentiality of person’s participating in fatigue management. The behaviour and actions of all parties involved will be under close scrutiny with regards to maintaining the privacy and confidentiality of persons being assessed. Concerns about privacy and confidentiality should be reported to their Supervisor, Health and Safety Representative or Union Delegate. Breaches of confidentiality are considered a serious matter and will be treated in accordance with the performance management process outlined in the procedure, Counselling, Discipline and Dismissal, Document No. CS-HR 23. Where relevant to an incident investigation records will only be referenced in the investigation and flagged with the appropriate cross-referencing. These records will be kept in accordance with regulatory requirements.

9. EDUCATION AND TRAINING

CS Energy will provide all Employees with an education program on fatigue management including their responsibilities under this procedure. This education will give Employees the knowledge and ability to manage their own fitness for work. The education program will be on-going and flexible. It will respond to fatigue related trends identified through policy and procedure reviews and audits. All Employees will participate in training to recognise symptoms and behaviours associated with the affects of fatigue including support mechanisms and the application of the procedure. Supervisors, Planners and Health and Safety Personnel, including on-site industrial representatives will participate in more detailed training. The EAP is available to provide Employees and their families with assistance and/or support. EAP consultants will provide further education and information as required.

CS-OHS-12 – Procedure for Fatigue Management 11 10. FATIGUE MANAGEMENT SYSTEM AND PROCEDURES

10.1 Fatigue Risk Management Framework

Fatigue risk management is about managing sleep, the duration of sustained wakefulness and type of work performed. The level of control will reflect the level of fatigue risk. It is a shared responsibility between CS Energy and its personnel. Work related risk factors shall be addressed because they reduce physical performance, impact on psychological factors such as judgement, concentration, vision and decision- making processes. The process for undertaking risk assessments and fatigue assessments to identify control measures is outlined in this section.

10.2 Risk Assessment

A recognised risk methodology (e.g. AS4360 or PAS55) shall be utilised to assist in the evaluation and management of fatigue risks. Work related risk factors shall be addressed as they can reduce physical performance, impact on psychological factors such as judgement, concentration, vision and decision-making processes. When performing a risk assessment use Form S1878, Job Safety and Environmental Analysis (JSEA) to document the activity, tasks, risk analysis and controls measures to be applied. When undertaking risk assessments and identifying control measures refer to the risk factors that contribute to fatigue and typical control measures outlined in Appendix 2. To support the risk assessment the following tools may be applied: (i) fatigue assessment tool, Form S1886, ‘Observation and Fatigue Assessment’. Refer to Section 10.4; and (ii) work schedule/roster/shift pattern assessment tool, e.g. Fatigue Audit InterDyne (FAID). Refer to Section 15. Risk assessments will provide a graded/graduated process for the determination of fatigue cut off levels such as low, moderate and high risk categories with subsequent actions such as breaks, task rotation, refreshments and others outlined in Appendix 2.

10.3 Identification of Fatigue

Identification of persons who may be affected by fatigue can occur as a result of: • self-assessment and voluntary disclosure by the person affected; • direct observation of the affected person’s behaviour, consistent with Appendix 1; • a workplace incident investigation; • monitoring compliance with this procedure; • completing a fatigue risk assessment; and • conducting the relevant site risk assessment process.

10.4 Assessing Fatigue Impairment

A fatigue assessment tool assists in understanding a person’s level of fatigue. It is a condition of entry to CS Energy workplaces that all Employees, Contractors and Visitors can be assessed at any time for fatigue.

CS-OHS-12 – Procedure for Fatigue Management 12 The fatigue assessment will be conducted by a suitably trained person who is authorised by CS Energy. The assessment shall be documented on the approved form, S1886, ‘Observation and Fatigue Assessment’. Any person who is requested to undergo a fatigue assessment and refuses such a request will not be allowed entry to, or remain in the workplace.

10.4.1 Assessment Methods, Tools and Criteria:

Provided are several fatigue assessment methods. These include: • sleep opportunity; • signs and symptoms – use the fatigue table detailed in Appendix 1; • prior sleep wake model (sleep duration) – Appendix 3; • hazard control methods – refer to Appendices 2 and 4, and Risk Assessment Section 10.2; • sleepiness scales; • hours of wakefulness; • incident reporting; and • self reporting. This criteria is used in the assessment tool, ‘Observation and Fatigue Assessment’ form (S1886) to document, assess and provide appropriate action/s to safely manage fatigue. This form is detailed in Appendix 5. This form is the tool to be used for the following assessments: (i) Self. (ii) Random. (iii) Overhaul. (iv) With cause (post- incident). (v) Reasonable suspicion. The assessment will indicate the person’s level of fatigue giving a score and corresponding risk category with pre-determined responses and actions. This is detailed in Appendix 4.

10.4.2 Self-assessment

Personnel are encouraged to self-assess where they believe they may be impaired due to the effects of fatigue. Self-assessment is generally performed using the Prior Sleep Wake Model (Appendix 3) and/or by identifying signs and symptoms (Appendix 1). This is a voluntary assessment process. An Employee who identifies they are impaired by fatigue (to the extent that it has the potential to create a health and safety risk) as the result of a voluntary self- assessment must cease work immediately and contact their Supervisor. A formal risk assessment will be conducted to identify appropriate controls. An Employee who is unfit for work as a result of fatigue impairment due to personal circumstances shall apply for appropriate leave. Leave will be in accordance with the relevant procedure or site industrial agreement. An Employee’s voluntary self-assessment that results in non-attendance, will not be recorded.

CS-OHS-12 – Procedure for Fatigue Management 13 Excessive non-attendance may be managed as per the performance management process outlined in the procedure, Counselling, Discipline and Dismissal, Document No. CS-HR-23.

10.4.3 Random Assessment

The Health and Safety Committee of each workplace will set the assessment frequency and number of Personnel to be assessed. The site security system will generate a random selection of names for testing from those person’s names that have “swiped in” for access to site. Those people selected will be advised to report and undergo assessment. Random assessments may also be initiated where there is concern that a high level of risk may exist due to, for example: (i) Large numbers of Contractors on-site for a forced outage or other repair work. (ii) Construction projects occurring on-site. (iii) Community social events where it is likely persons may be fatigued. Where random assessments have been initiated a suitably trained person shall conduct the assessment using form S1886, ‘Observation and Fatigue Assessment’.

10.4.4 Overhaul Assessment

Overhauls are subject to assessments detailed in Section 10.4. Random assessments may occur during the progress of an overhaul.

10.4.5 With Cause (post-incident) Assessment

If an incident occurs in the workplace that a Supervisor or Health and Safety Specialist believes caused or could have caused serious injury to people and/or serious damage to plant and equipment (with cause), the person/s involved will be assessed for fatigue, using form S1886, ‘Observation and Fatigue Assessment’, as soon as practicable by a suitably trained person. This assessment will form part of the incident investigation process.

10.4.6 Reasonable Suspicion Assessment

Reasonable Suspicion is identified from observation of signs and symptoms that may be displayed by a person impaired by fatigue. These are listed in Appendix 1. If a Supervisor has a Reasonable Suspicion that a person at work is impaired by fatigue, the supervisor must, as soon as possible, direct the person to stop performing any duties that, if the person is fatigued, may present a risk of injury. The supervisor should initiate an assessment, using form S1886, ‘Observation and Fatigue Assessment’, by a suitably trained person. If other Employees, Contractors or Visitors suspect a person at work is affected by fatigue, they should advise a Supervisor, that person’s representative (e.g. Contract Administrator) or a Health and Safety Specialist. In the event that it is not possible or practical the person in question to undertake an assessment, a Supervisor will direct them not to perform any further work. That person will remain in an area where he or she presents no safety risk to themselves or others until they can be assessed. Alternatively, CS Energy will make arrangements for their safe transport home, including relocation of vehicle and/or return to site later.

CS-OHS-12 – Procedure for Fatigue Management 14 10.4.7 Assessment Results

An Employee or Contractor who is impaired by fatigue due to work related factors or other reasons will be required to undertake a formal fatigue assessment (Form S1886) to indicate the level of fatigue to determine appropriate control measures. When a person has been identified as having fatigue risk, control measures shall be put in place consistent with the actions and responses detailed in Table 1 and Appendix 4. Also, the fatigue assessment utilises the Risk Score Chart in Section 6 of the Form S1886 to determine the appropriate fatigue management actions to allow that person to return to the task or appropriate tasks at a later time. If a person is removed from duties or given alternate duties as a result of a fatigue assessment the person will not be disadvantaged. Fatigue assessment records shall be held in accordance with Section 8, Privacy and Confidentiality and filed with the site Health and Safety Specialist (this does not include voluntary self-assessments for fatigue).

11. MANAGEMENT OF A PERSON IMPAIRED BY FATIGUE

Where a person has been identified with a level of fatigue that will present a risk to the health and safety of Personnel or the safe operation of plant, the person’s supervisor will discuss with that person the appropriate control measures based upon the Risk Score Chart detailed in Appendix 4. Where practicable, suitable alternative duties and control measures are to be selected (e.g. less physical work activities, monitoring of work, rescheduling of tasks, rest periods, longer breaks). Refer to Appendix 2 for possible control measures. However, it may be determined that the person leave site and return to work on their next rostered work period. Where the level of impairment is considered a health risk, that person should be referred to a medical practitioner or EAP counsellor. A medical certificate is to be obtained by that person prior to returning to work if that person has received medical treatment. When it is not possible to provide suitable alternative duties and the person is required to leave site, the Supervisor, Superintendent or Manager shall arrange transport for that person.

11.1 Employees Affected by Fatigue

Where an Employee is affected by fatigue, the supervisor shall: • record the fatigue assessment using form S1886, ‘Observation and Fatigue Assessment’; • apply the appropriate controls as per the Risk Score Chart; • where suitable alternate duties are required, conduct a risk assessment (using the JSEA) and develop suitable controls to minimise the effects of fatigue; • where a person is not fit for duty and required to leave site, provide transport for that person to their home or suitable place for rest; and • forward the Fatigue Assessment Form to the site Manager / Superintendent / Manager Major Projects for sign off then filing with the Site Health and Safety Specialist. • offer the services of EAP and/or medical practitioners.

CS-OHS-12 – Procedure for Fatigue Management 15 11.2 Contractors or Visitors Affected by Fatigue

Where the Contractor or Visitor is affected by fatigue the following shall occur: • Supervisor to record the fatigue assessment using form S1886, ‘Observation and Fatigue Assessment’; • Project Manager, Site Manager or Superintendent will attempt to contact the employer prior to providing suitable alternate duties or exclusion from site; • The Project Manager, Site Manager or employer may transfer, redeploy or stand down the person for a nominated period; • Advise the person’s employer to arrange appropriate transport to their home or suitable place for rest if exclusion from site is necessary; • Provide a copy of the Fatigue Assessment (Form S1886) to the person’s employer; and • Offer the services of EAP and/or medical practitioners.

12. RULES FOR MANAGING FATIGUE

12.1 Planning / Pre-agreed Rosters

Table 1 prescribes the rules for managing fatigue for planned or pre-agreed rosters.

Situations Basis Value Limit number of actual work hours in any 7 day 6 attendances consisting 72 hours. period. of a maximum of 12 hours each. Handover for continuous shifts for Personnel in In addition to 12 hour 3 hours roles such as: Operators, Supervisor, PTW shift, maximum 30 (6 attendances x 30 Officer, OIC, Inspector etc. minutes per shift. mins). Planned maximum hours of work (not inclusive 12 hours. 12 hours. of handovers). Long break frequency. Minimum 24 hours with no 1 Break in every 7 financial disadvantage. days. If Personnel are required to work continuously 4 or more night shifts 48 hours for 4 or more nights the person will have a rest consecutively. (to support 2 night period after change from night work/shift (see 12.2 Contingency sleeps) before returning to normal roster. and Call Outs) *See Note 1.

Rest period after change from night work/shift Minimum 48 hours 48 hours before changing to a different roster – where *see Note 1 below. (to support 2 night night work/shift has been worked continuously sleeps) *See Note 1. for 3 or more weeks.

*Note 1: The 48 hour rest period may occur at anytime during a rostered period. Breaks which fall on normal projected roster working shifts will be paid as if at work.

Table 1 - Rules for planned or pre-agreed rosters

CS-OHS-12 – Procedure for Fatigue Management 16 12.2 Contingency and Call Outs

Table 2 prescribes the rules for managing fatigue for contingency and call outs.

Situations Basis Value Limit number of actual work hours in any 7 day Inclusive of call outs. Normal roster plus period. 24 hours after which a 24 hour break must be taken without financial disadvantage.

Maximum continuous hours worked in a 24 16 hours. 16 hours. hour period inclusive of time worked as a result of unplanned contingency. *see Note 1 below

Unplanned contingency – after a work period 16 hours. Up to 16 hours. of greater than 12 hours further work periods of greater than 12 hours cannot be worked unless there has been a 24 hour break.

Minimum short break duration (Hours) 10 hours. 10 hours. following a call out or contingency.

Call outs - maximum hours worked in a 24 16 hours. 16 hours. hour period, starting from commencement of the previous attendance.

*Note 1: The Callide Power Station Certified Agreement states “an employee must not work in excess of 14 hours for any one attendance”

Table 2 - Rules for contingency and call outs.

12.3 Contractor Pre-commencement Requirements

Table 3 prescribes the pre-commencement requirements for contracting organisations including activities such as overhauls.

Situations Basis Value Ensure that any workers that have worked 6 or 6 attendances, minimum 1 Break in every 7 more consecutive day shift/work in the 24 hour break in 7 days. Days. previous 7 days are to have a 24 hour break prior to commencement of work on-site to allow opportunity for adequate restorative sleep.

Ensure that any workers that have worked 4 or 4 or more night shifts 48 hours more consecutive night shift/work in the consecutively. previous 7 days are to have a 48 hour break prior to the commencement of a day shift/work on-site to allow opportunity for adequate restorative sleep.

Table 3 - Rules for contractor pre-commencement requirements

CS-OHS-12 – Procedure for Fatigue Management 17 13. ACCOMMODATION

CS Energy is responsible to ensure that suitable accommodation is available for their Employees when required to travel for work purposes to enable them to fulfil their obligation to arrive at work in a fit state. For other Personnel refer to Section 6.8, Contracting Company responsibilities.

14. TRAVEL

Where work duration reaches 14 hours, the Employee is to be provided with transport for the return journey to their home or a suitable place for sleep. The person driving the vehicle is to be fit to safely undertake the journey. Personnel shall avoid driving more than 12 hours in a 24 hour day. Personnel driving vehicles to and from work should: • Avoid driving after being awake for a continuous period of 17 hours; • Avoid driving if they have not accumulated more than 5 hours sleep in the previous 24 hours or 12 hours sleep in the previous 48 hours; • Ensure adequate sleep the night before a long journey; • Share driving where possible; • Take a rest break from driving of at least 10 minutes every 2 hours or more frequently if feeling tired; and • Arrange alternative transport, accommodation so as not to exceed the requirements of Section 4. In the case of work purposes and when driving company provided vehicles, all of the above requirements shall apply. All travel time, when in control of a vehicle, prior to the commencement of and after the completion of work shall be incorporated into the calculation of fatigue levels. Where operation of heavy vehicles is involved, Personnel are to comply with the requirements of the National Fatigue Management Regulation for heavy vehicle operation and drivers/operators are to complete a National Driver Log Book.

15. FATIGUE IMPACT FROM ROSTER ALTERATION

New rosters or alterations to existing rosters will be subject to an assessment through a recognised fatigue analysis tool and in accordance with existing industrial instruments. The Fatigue Audit InterDyne (FAID) model may be adopted by CS Energy. In the event that rosters are to be altered, a consultative and informative process must be utilised to ensure that all stakeholders have representation and have been informed of the reasons for change. Refer to Table 1 which addresses hours of work, including the total number, spread and daily limits of hours worked and minimum breaks between shifts.

16. EXTENDED HOURS FOLLOWING A CONTINGENCY

Where a person is required to work extended hours, a fatigue assessment shall be conducted and documented after 12 hours of continuous work (excluding handover period) to manage fatigue risks before work can continue.

CS-OHS-12 – Procedure for Fatigue Management 18 In the circumstance where work is to further continue after 14 hours, the fatigue assessment shall be reviewed (or amended) to ensure control measures remain effective and are suitable to minimise the risks. Note: The Callide Power Station Certified Agreement states “an employee must not work in excess of 14 hours for any one attendance”. Persons working at Callide Power Station under this Certified Agreement are to abide by this requirement.

17. CALL OUTS

For a call out the following conditions will apply: • A formal fatigue assessment which includes prior sleep wake data, shall be conducted where the person is required to work between the hours of 7:00pm to 7:00am. A review of the fatigue assessment will be done if the work is to continue past 4 hours. • At any time, where requested by the person, that person will be transported to or from work; • A person may choose to drive provided they take into account the following fatigue issues:

- Sleep inertia (which may require them to allow 30 minutes after being woken prior to driving); - Maximum hours of work in the prior 24 hours as defined in Section 12; and - Other relevant factors which may impact on their ability to drive. Conditions relating to travel shall comply with Section 14. There is a shared responsibility between the person requesting the call out and that person being called out to consider the effects of fatigue and comply with the requirements of this procedure.

18. TELEPHONE CALL DISTURBANCES

When sleep is disturbed by work related telephone calls, the loss of sleep should be considered in the person’s assessment of fatigue risk level. This may result in the person being unavailable for duties until sufficient restorative sleep has been achieved.

19. PRIOR SLEEP AND WAKEFULNESS

The Prior Sleep Wake Model, detailed in Appendix 3, shall be used as part of the fatigue assessment tool. It is based upon a person’s level of risk from fatigue when that person had: (i) less than 5 hours sleep in the previous 24 hours; and (ii) less than 12 hours sleep in the previous 48 hours. The duration of their wake period is not to exceed the amount of prior sleep they have had in the previous 48 hours. This is illustrated in Appendix 3 and supporting examples. Control measures shall be initiated consistent with Appendix 4 where a person reports they have had inadequate time for sleep or poor sleep. Control measures may include but not limited to shift start toolbox talks to assess prior sleep, regular onsite peer review, job allocation to less critical tasks, increased break periods, close supervision of their work related fatigue and opportunity for a rest period and being transported home.

CS-OHS-12 – Procedure for Fatigue Management 19 20. BREAKS WITHIN SHIFTS

The duration of breaks within shifts is covered in existing industrial instruments. Employees, subject to existing industrial instruments (e.g. EBAs) may self-select the timing of work breaks within their work schedule to assist in managing fatigue. Further breaks may be needed based on the physical need for sustenance (e.g. hot works, work outdoors), metabolism, work load, nature of work, etc. Changing work tasks shall not be considered as a break.

21. SCHEDULING

Planning of work tasks shall comply with this fatigue management procedure. In all scheduling the following matters shall be considered, but are not limited to: • time of day; • nature of work and the level of risk inherent in the work; • number of people; • circadian rhythm; • sleep inertia; • sleep debt; • start and finish times; • duration of work; • frequency of breaks; • opportunity to recover from fatigue; • redesign work practices or rescheduling high risk/complex tasks; and • the need to conduct a formal risk assessment. Job rescheduling may be necessary when there is a risk to a person’s health & safety, plant or equipment if performing hazardous/critical work during the high fatigue periods, e.g. between 2:00am to 6:00am Any scheduling involved with unplanned contingency must be managed to comply with this procedure.

22. EMERGENCY AND CRISIS RESPONSE

In the event of a crisis, extra ordinary hours may be worked and must be signed off by the CEO after the completion of an appropriate risk assessment. In some cases where this is not practical the CEO can delegate his/her responsibilities to the relevant Site Manager or delegated person (i.e. Manager of Major Projects). The working of extra ordinary hours will be limited to essential Personnel and must be accompanied by a risk assessment which is transparent and auditable. Prior to working extra ordinary hours, Personnel must agree to be transported home or to a suitable place for restorative sleep. In the case of an emergency or crisis arising (e.g. rescue of Personnel, fire, chemical spill, personal injury, etc.) it is important to consider the time Emergency Personnel are on task as well as the task itself, particularly, if it is expected to be a protracted event requiring Employees to be on duty for extended periods.

CS-OHS-12 – Procedure for Fatigue Management 20 Provide for regular rotation of Emergency Personnel to ensure adequate rest and recovery (to assist in avoiding heat stress and fatigue, and compounding effects). After emergency responses, rest breaks shall be provided to ensure adequate restorative sleep.

23. MONITORING FUTURE RESEARCH

Resources that include Personnel, time, conference attendance, purchase and acquisition of current fatigue/sleep/human factor publications are to be allocated for the annual review of fatigue/sleep related materials. Any significant findings are to be brought to the attention of the Occupational Health and Safety Committee/Fitness for Work Working Party/Senior Management Group within the Qld Power Generator’s forum for general distribution and consideration.

24. AUDIT, REVIEW AND REPORTING PROCESS

23.1 Review and Recording

A review of this procedure will be conducted within 12 months of implementation to follow that of the common policy for the Management of Fatigue developed collaboratively by Employee and Management representatives of Tarong Energy, Stanwell Corporation, and CS Energy with State Union Officials of AMWU, APESMA, ASU, QSU, ETU, and CFMEU (M&E). The review shall determine effectiveness, functionality, compliance to the requirements within and other internally related documents/materials/practices using an auditing approach. The audit will incorporate: • a formal auditing tool; • interviews with Personnel; • a desktop audit of documentation and practices; • examination of internal systems (databases, safety records, investigations etc.); and • review of the work schedules and overtime utilisation. Following the initial review, each subsequent review of this procedure will be undertaken no less frequently than once every 2 years or at other times as required by changes to the relevant Legislation or common policy for the Management of Fatigue. All work attendances exceeding 12 hours shall be monitored and recorded. Special attention is to be made to the incident/accident reporting system and the fatigue related questions within investigations and any subsequent actions/control measures/countermeasure introduced and the final outcome on Personnel, practice and business parameters. Findings are to be documented and made available to all Queensland Government Owned Corporation Generator Personnel.

23.2 Records

Fatigue Assessments shall be recorded on the Form S1886, ‘Observation and Fatigue Assessment’ and forwarded to the site workplace Health and Safety Specialist for filing. Records may be either hard copy or electronic.

CS-OHS-12 – Procedure for Fatigue Management 21 23.3 Audit and Review of Actual Performance

Managers together with Safety Department Personnel are to ensure that fatigue risk control measures, incident reporting and response procedures are in place, followed and audited on a regular basis. The following reporting shall be carried out: (i) Monthly report by Health and Safety Specialist to Site Manager. (ii) Overhaul report by Health and Safety Specialist to the Overhaul Manager/Coordinator. (iii) Annual Report to the Executive Management.

23.4 Incidents

CS Energy shall ensure that fatigue related issues are considered in the investigation and reporting of incidents.

25. FURTHER INFORMATION

Further information or assistance with this procedure can be obtained from your Supervisor, Superintendent, First Aid Officer, Health & Safety Specialist, Site Delegate and Occupational Health Nurse.

26. REFERENCES

• Workplace Health and Safety Act 1995 • Workplace Health and Safety Regulations 1997 • Privacy Act 1988 (Cth) • Australian Standard 4360:2004 “Risk Management” • Australian Standard 4801:2001 “Occupational Health and Safety Management Systems – Specification with guidance for use)” • Australian Standard 4804:2001 “Occupational Health and Safety Management Systems – General Common Policy on principles, systems and supporting techniques” • International Standard PAS55 “Risk Management” • Common Policy and Procedure for the management of Fitness For work with Queensland GOC Generators • Minerals Council of Australia Work Design, Fatigue and Sleep Report, booklet dated 23 March 2006, available at http://www.minerals.org.au/safety/s_and_h_publications • CS Energy Fitness For Duty Policy • CS Energy Fatigue Policy • CS Energy Workplace Rehabilitation and Workcover Claims, Doc No. CS-OHS-4 • CS Energy Counselling, Discipline and Dismissal, Doc No. CS-HR 23 • CS Energy Dealing with Confidential Information, Doc No. CS-HR-1 • CS Energy Handling Individual Records, Doc No. CS-HR-47 • CS Energy Complaints Investigations, Doc No. CS-HR-17 • CS Energy Job Safety and Environmental Analysis (JSEA), Form S1878 • CS Energy Observation and Fatigue Assessment, Form S1886 • CS Energy – Individual Site EBAs (Certified Agreements)

CS-OHS-12 – Procedure for Fatigue Management 22 Appendix 1 – Sign and Symptoms of Fatigue

Physical Mental Emotional More quiet than Yawning Difficulty concentrating on a task usual

Heavy Eyelids Lapses in attention Lacking energy

Difficulty remembering what you are Mood changes, Eye-rubbing doing decrease tolerance Failure to communicate important Emotional outburst, Head drooping information aggressive, rage

Micro sleeps Failure to anticipate events or actions

Accidentally doing the wrong thing

(error) Accidentally not doing the right thing

(omission)

Use these signs and symptoms for Fatigue when completing a Fatigue Assessment.

CS-OHS-12 – Procedure for Fatigue Management 23 Appendix 2 – Risk Factors and Control Measures

Supervisors/Superintendents (e.g. when preparing JSEAs in consultation with workers) should address the following issues. Risk factors that contribute to fatigue:

• Prior sleep and wakefulness – the amount of sleep they have had prior to work and the duration of their work period. • Working without a rest break to meet critical deadlines/milestones. • Sleep patterns affected by frequent call outs over a limited period and extended hours of work. • Work tasks/activities requiring concentration or high levels of muscular exertion for extended periods of time. • Tedious and monotonous work. • Heavy or exhausting physical activity. • Working in high risk situations. • Inadequate recovery from interrupted or poor quality sleep. • Working successive shifts, frequently on call out, and regular emergency work outside standard work hours. • Working in high heat or cold temperatures or humid conditions. • Driving vehicles while tired. • Accepting work which results in exceeding working hour limits. • External factors that affect a persons fatigue risk level while at work.

- Excess hours/Overtime. - Extended Shiftwork and Rostering Arrangements with early starts or late finishes over successive days.

- Rest Breaks and Rotation of Tasks. - Contractors and Outages. • Emergency Works/Time of day – incidents are more likely to happen in circadian low points (such as night time, especially between the hours of 2am to 6am). • Length of shifts worked – the effects of fatigue are cumulative, workers are more likely to feel fatigued in the final hours of a shift, than in the first few hours of a shift. • Lack of opportunity to recover from fatigue – incidents are more likely to occur if workers are not given a sufficient opportunity to recover from fatigue. • How often the situation occurs – generally, the more often a worker is fatigued, the greater the likelihood is that an incident will occur. • How many people are fatigued – generally, the greater the number of people who are fatigued, the more likely an incident is to occur. • The skills and experience of persons fatigued – consider training and competency both to perform work related tasks and manage fatigue. • Any special characteristics of the people involved – for example if a worker is on medication for a medical condition that is affected by circadian rhythms and night shift work (such as asthma, depression or diabetes).

CS-OHS-12 – Procedure for Fatigue Management 24 • The duration of exposure to fatigue - generally, the longer a person is fatigued, the more likely an incident will occur. • The level of risk inherent in the work – incidents are more likely to occur in work that is generally hazardous, such as when operating heavy machinery or plant. • Number of consecutive night shifts worked. • Commuting – time spent travelling reduces time available for recovery. • Shift rotation – relevant shift changes and start/finish times. • Sleep inertia – drowsiness after being woken. • Rest breaks – the number and duration of breaks taken. • Occupational exposure levels – extended exposure on longer shifts to noise, dusts, chemicals. • Manual tasks – forces used to push, pull, lift, carry, reach or dexterity required for work and ergonomics – body position and location – confined or cramped work spaces. • Proximity of workers residence or accommodation – method of travel to and from work and the risk of commuting incidents. • Ability to access food and refreshments for a balanced diet.

Control Measures • Redesigning work practices so that routine administrative tasks are minimised for night shift workers, allowing them to focus on core duties during night work. • Scheduling later start times so that maximum night sleep can be obtained before starting work (however this can affect those on night shift). • Scheduling low risk work during periods of high fatigue, such as night time, especially during the hours of 2am to 6am) and/or in the latter half of shifts. • Scheduling complex tasks to be performed only during the day. • Sufficient supervision, particularly during periods of high fatigue (such as night time, or in the latter half of shifts) and especially for hazardous work. • Contingency plans if workers become fatigued – this would involve removing fatigued workers from work activities where there is a considerable risk to health and/or safety (eg operating heavy machinery or plant). • Effective emergency responses. • Strict controls and procedures if performing hazardous work during high fatigue periods (especially during 2am to 6am). • Job rotation for repetitive or monotonous work, or work that involves heavy physical demands.

CS-OHS-12 – Procedure for Fatigue Management 25 Appendix 3 – Prior Sleep Wake Model

This tool is used for qualifying a person’s fatigue risk level/s based on the amount of sleep obtained in the prior 24 and 48 hour period. The basis of the model is minimum sleep of: • 5 hours in the previous 24 hour period and • 12 hours in the previous 48 hour period.

Start of End of Wake-up Shift Shift

SLEEP SLEEP WORK X Y

Z

X = Sleep in prior 24 hrs Y = Sleep in prior 48 hrs Z = Time Awake

As prior sleep decreases and prior wake increases the likelihood of fatigue also increases. In general; X should be greater than threshold of 5 hours Y should be greater than threshold of 12 hours Z should be less than Y

A point system is used to determine what course of action a person and/or the organisation may take.

Step 1

X: Sleep in previous 24 hours: ...... hrs [add 2 points for every hour below 5] ...... pts

Step 2

Y: Sleep in previous 48 hours: ...... hrs [add 2 points for every hour below 12] ...... pts

Step 3

Z: Time awake: Start of Work ...... hrs End of Work ...... hrs

[add 1 point for every hour of work beyond Y] ...... pts (Sum all of the points – Steps 1 to 3)

Total Score (Prior Sleep Wake Score): ...... pts

CS-OHS-12 – Procedure for Fatigue Management 26 Example – Low Fatigue If a person has slept 6 hours in the prior 24 hours and 10 hours in the prior 48 hours and has been awake for 2 hours, that person’s score would be -

X=6 (sleep in prior 24 hours) Y=10 (sleep in prior 48 hours) Z=2 (hours awake)

Points System Step 1 + Step 2 + Step 3 = Fatigue Risk Score 0 + 4 + 0 = 4

Refer to appendix 4 - Risk control measures for a score of 4 may include: Self monitoring, task rotation and team monitoring of colleague but this range will be determined by internal organisational decisions regarding responses designed to reduce the identified fatigue risk.

Example – Higher Fatigue If a person has slept 3 hours in the last 24 hours and 6 hours in the prior 48 hours and has been awake for 10 hours, that person’s score would be -

X=3 (sleep in prior 24 hours) Y=6 (sleep in prior 48 hours) Z=10 (hours awake)

Points System Step 1 + Step 2 + Step 3 = Fatigue Risk Score 4 + 12 + 4 = 20

Refer to appendix 4 - Risk control measures for a score of 20 may include: Document externally, do not engage in any hazardous activities, do not commence work.

CS-OHS-12 – Procedure for Fatigue Management 27 Appendix 4 – Risk Score Chart

Score Risk Response / Actions

0 n/a Remain with working existing arrangements unless higher level hazards are present.

Report to the supervisor and document. Undertake 1 - 4 Low approved individual control measures. Self-monitor for symptoms, team monitoring by colleagues and task rotation.

Report to supervisor and document. Organise 5 - 8 Moderate supervisory checks. Complete symptom checklist and task re-assignment.

Document externally, do not engage in any safety 9 or more High critical work and do not recommence until fit for work.

Score: The higher number from the fatigue assessment determined from either: (i) the prior sleep wake model; or (ii) signs and symptoms chart (Appendix 1)

Risk: The level designated for the risk to identify severity to priority to address.

Response/action: The appropriate course of action to address the level of risk.

CS-OHS-12 – Procedure for Fatigue Management 28 Appendix 5 – Form S1886, Observation Record and Fatigue Assessment

This form is a record of the fatigue assessment for a person under CS Energy’s Fitness For Duty Policy. The privacy and confidentially of that person will be maintained with respect to the information gained as a result of the fatigue assessment.

Section 1 - Assessment Type Tick  appropriate boxes Assessment Type:  Self  Random  Reasonable Suspicion  With Cause Work Type:  Ops/Maint/Adm  Overhaul  Forced Outage  Projects

Section 2 - Particulars of Person (being assessed) and Work Schedule Tick  appropriate boxes Engagement Type:  Employee  Contractor  Visitor If Contractor or Visitor what Organisation: ......

Surname: ...... First Name: ......

Job Role: ......

Site: ...... Department: ......

Nature of Duties: ......

......

Date: ...... / ..... / ...... Time: ...... : ...... hrs Attendance Start Time: ...... : ...... hrs

Work Schedule:  Planned Roster  Call Out  Extended Hours This assessment was undertaken ……….. hrs into the attendance.

Section 3 - Questions Tick  appropriate boxes Have you completed your designated compulsory break from previous work period?  Yes  No Will this work keep you within 72 hours worked within 7 days?  Yes  No Have you had a continuous 24 hr break since you last worked greater than 12 hrs?  Yes  No Have you had a 10 hour break since your last call out ended?  Yes  No Do you think you are fit for duty?  Yes  No Where ‘no’, the risks from Fatigue are increased. Refer to ‘Rules for Managing Fatigue’ Doc. CS-OHS-12 and record in Section 6. Other Comments: ......

Section 4 - Observation, Signs and Symptoms Tick  appropriate boxes Physical:  Yawning  Heavy eyelids  Eye rubbing  Head drooping  Micro sleeps Emotional:  More quiet than usual  Mood changes, decrease in tolerance  Lacking energy  Emotional outburst, aggressive, rage Mental:  Difficulty concentrating on the task  Difficulty remembering what you are doing  Lapses in attention  Failure to communicate important information  Failure to anticipate events/actions  Accidentally doing the wrong thing (error)  Accidentally not doing the right thing (omission)

Total number of marked boxes: ...... (Signs & Symptoms Score) Transfer score to Section 6

CS-OHS-12 – Procedure for Fatigue Management 29

Section 5 - Prior Sleep Wake History Use the Prior Sleep Wake Model

X: Sleep in previous 24 hours: ...... hrs [5 or more hrs = 0; add 2 pts for every hour below 5] ...... pts Y: Sleep in previous 48 hours: ...... hrs [12 or more hrs = 0; add 2 pts for every hour below 12] ...... pts Z: Time awake: Time from waking to present time: ...... hrs [Y or less hrs = 0; add 1 point for every hour of wake beyond Y hrs] ...... pts Total Score (Prior Sleep Wake Score): ...... pts Transfer total score to Section 6. Section 6 - Assessment and Decision Response Signs & Symptoms Score: ...... Prior Sleep Wake Score: ...... Chose the higher score to determine the Fatigue Assessment Score. Fatigue Assessment Score: ...... from table below Risk: ...... Score Risk Response/Actions 0 n/a Remain with working arrangements unless higher level hazards are present. Report to the supervisor and document. Undertake approved individual control 1 - 4 Low measures. Self-monitor for symptoms, team monitoring by colleagues and task rotation. Report to supervisor and document. Organise supervisory checks. Complete 5 - 8 Moderate symptom checklist and task re-assignment. Document externally, do not engage in any safety critical work and do not 9 or more High recommence until fit for work.

Relating the Fatigue Assessment Score to the table plus responses from Section 3 has identified the person is:  Fit for current duties  Not fit for current duties Action Taken: ......

......

 Employee Assistance Program recommended  Alternate transport offered  Alternate transport accepted Section 7 - Completion Details Observation Sheet completed by: Name: ......

Position: ......

Signature: ...... Date : ...... / ...... / ......

Acknowledgement of person assessed: Signature: ...... Date : ...... / ...... / ......

→ Forward to the Superintendent/Manager Superintendent/Manager: Name: ......

Position: ......

Signature: ...... Date : ...... / ...... / ...... → Forward completed form to the Site Health and Safety Specialist

CS-OHS-12 – Procedure for Fatigue Management 30