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Form GA Commonwealth of Australia

Trade Practices Act 1974 -subsection 93AB (I)

NOTIFICATION OF COLLECTIVE BARGAINTNG

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This form is to be compl ~plicants proposing to engage in collective bargaining arrangements.

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a them 1s lnsutflclent space on this tom to turntsh the required intormatlon, the mation is to be shown on separate sheets, numbered consecutively and signed by or on If of the applicant.

rruicction provided by the Iluurlcailun exionus only to the collective bargaining arrangements described in the form.

To the Australian Competition and Consumer Commission:

Notification is hereby given under subsection 93AB (1) of the Trade Practices Act 1974:

to make, or propose to make, a contract containing a provision of the kind referred to in paragraph 45 (2)(a) of the Trade Practices Act 1974; or

to give effect to a provision of a contract where the provision is of the kind referred to in paragraph 45 (2)(b) of the Trade Practices Act 1974. (Strike out ifnot applicable)

PLEASE FOLLOW DIRECTIONS ON BACK OF THIS FORM

Section A - general information

1. Applicant

(a) Name of the applicant: (refer to Direction I)

C-7 \ K.E Viney Traffic and General Consultancy Ply Ltd

(b) Description of business carried on by the applicant: (refer to Direction 2)

The applicant is a registered company representing another eleven (11)

entities in the Gold Coast region.

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(c) Is the representative of the applicant lodging the notice a trade union, anofficer of a trade union or a person acting on the direction of a trade union?(refer to Direction 3)

No

(d) Address in Australia for service of documents on the applicant:

C/- P.0 Box 743

Ashmore City Qld 4214

2. Lodged on behalf of

(a) Provide names and addresses of all persons on whose behalf the notificationis lodged and who propose to participate in the collective bargainingarrangements:(refer to Direction 4)

See attachment A: Names of persons participating in the collective

bargaining arrangement.

(b) Provide proof of the consent of each of the persons listed at 2 (a) aboveagreeing to the lodgement of the notification on their behalf:(refer to Direction 5)

A meeting was held with all the members. The purpose of the meetingwas to discuss the proposed collective bargaining arrangement and toseek members consent to lodge a collective bargaining notification ontheir behalf.

See attachment B: Minutes of meeting and signed consent forms

(c) Provide the following information relating to a notification:(i) Does this notification relate to a notification previously lodged with the

Australian Competition and Consumer Commission and for which aconcessional fee is claimed?

No.

(ii) details of the first-mentioned notification, including but not limited to:(A) the name of the applicant; and(B) the date the notification was said to be lodged; and(C) if known or applicable — the registration number allocated to

that collective bargaining notification.

Not applicable.

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Section B — collective bargaining arrangements

3. Proposed collective bargaining arrangements

(a) Provide: the name and address of the target; the name, position andtelephone contact details of an appropriate contact at the target; and adescription of the business carried on by the target:(refer to direction 6)

The Target business is Guardrite Security & Traffic Management Pty

Ltd of 38 Dominions Road Ashmore 4214

An appropriate Contact is Mr Peter J McPhillimy or Mr Richard Hunt

Contact No - (07) 5597 5527

Guardrite Security & Traffic Management provides Security andTraffic Management services to Commercial and Civil Constructionsectors in South – East Queensland.

(b) Provide a description of the goods or services which the participants of

the collective bargaining arrangements (listed at 2 (a) above) propose to

supply to or acquire from the target:

n Traffic Control services

n Signage Installations

n After Hours Care and Maintenance

n Consultancy

n Static Guards

n Crowd Control Services

n Patrol Guards

n Supervision

n Management

n Escorts

n Close Personal Protection

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(c) Do the participants of the proposed collective bargaining arrangements (see2 (a) above) reasonably expect to make one or more contracts with thetarget about the supply to or acquisition from the target of one or more ofthe goods or services (listed at 3 (b) above)?(refer to direction 7)

Yes, the members expect to make more than one contract with

Guardrite Security & Traffic Management Pty Ltd relating to theterms and conditions at which it supplies its Security and Traffic

Management Services.

(d) In relation to (c) above, provide details of the basis upon which thatexpectation is held including details of past contracts with the target:

All members currently have contracts with Guardrite Security &

Traffic Management Pty Ltd, which will expire in the next 6 to 12months.

(e) Do the participants of the collective bargaining arrangements (listed at 2 (a)above) reasonably expect that contractual payments between the target andeach participant will not exceed $3 million (or any other amount prescribedby regulation) in any 12 month period, and on what basis?(refer to direction 8)

Yes, the collective group expects that the contractual payments between

each member and Guardrite Security & Traffic Management Pty Ltd

will not exceed $3 Million. Each member currently receives between

$50,000 and $150,000 each year for the supply of Traffic Control

services and or Security Services.

(0 In relation to (e) above provide an estimation of the contractual paymentsexpected between the target and each participant in relation to the goodsand services (listed at 2 (a) above):

As above each member currently receives between $50,000 and

$150,000 each year for the supply of Security and Traffic Control

services.

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(g) Provide a description of the collective bargaining arrangements proposedincluding, but not limited to:

(i) the process by which participants propose to undertake collectivebargaining with the target; and

(ii) the type of terms and conditions expected to be negotiated in collectivebargaining arrangements (for example: price; non-price conditions ofsupply such as contract periods etc); and

(iii) details of any dispute resolution procedure (if any) proposed betweenparticipants throughout the collective bargaining process; and

(iv) details of any dispute resolution procedure (if any) proposed betweenparticipants and the target throughout the collective bargaining process; and

(v) details of any dispute resolution procedure (if any) proposed to deal withdisputes throughout the term of contracts entered into with the target; and

(vi) details of proposed commencement and duration of contracts to benegotiated with the target:(refer to direction 9)

Under the proposed collective bargaining arrangement, the members

propose to form a single collective bargaining group between the

consenting members, to collectively negotiate on their own behalf with

Guardrite Security & Traffic Management Pty Ltd.

The collective group proposes to negotiate the price the members are

paid for the supply of Traffic Control and or Security Services.

The group would also like to collectively negotiate with Guardrite

Security & Traffic Management Pty Ltd other terms and conditions

such as payment terms and dispute resolution procedures.

Under the proposed arrangement the:

The Collective Bargaining Group proposes to represent itself in the

Gold Coast area in negotiations with Guardrite Security & Traffic

Management Pty Ltd

n In relation to the supply of Traffic Management Services.

n In relation to the supply of Security Services.

n The Group will not negotiate actual contracts, only agreed terms

and conditions;

n The proposed collective bargaining arrangement will not involve

a collective boycott.

n The proposed conduct will not increase barriers to entry.

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(h) Identify any parts of the proposed collective arrangements described in 3 (g)which relate to possible price agreements:

The Collective Bargaining Group proposes to negotiate on behalf of its members

with Guardrite Security & Traffic Management Pty Ltd in relation to the price at

which its members supply Traffic and or Security Services.

(i) Identify any parts of the proposed collective arrangements described in 3 (g)which relate to a possible or proposed exclusionary provision(s), including but notlimited to:

(i) the nature of the proposed or possible exclusionary provision(s) (forexample an agreement to withhold supply of the relevant goods or servicesto the target); and

(ii) the circumstances in which the collective bargaining participants wouldengage in the exclusionary provision(s), including but not limited to:

(A) details of the events that would trigger any such activity; and

(B) details of the process that would be followed in undertaking any suchactivity; and

(C) details of any proposed period of notice to be given to the target priorto the commencement of such activity; and

(D) details of any dispute resolution procedure to be applied or offered tothe target prior to the commencement of such activity:

(refer to direction 10)

The members do not propose to engage in conduct which relates to an

exclusionary provision. In the event that agreement cannot be reached

through collective bargaining with Guardrite Security & Traffic

Management Pty Ltd then an individual agreement will be pursued by the

participants of the group.

Section C — public detriments

4. Market definition

Provide a description of the market(s) in which the goods or servicesdescribed at 3 (b) are supplied or acquired and other affected marketsincluding: significant suppliers and acquirers; substitutes available for therelevant goods or services; any restriction on the supply or acquisition ofthe relevant goods or services (for example geographic or legal restrictions):(refer to direction 11)

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The members consider that there will be little or no affect by the

proposed collective bargaining arrangement on the current market.

We are in a position where we must compete for the required services

against outside sources, large companies situated in capital cities and

other states have forced the market to be extremely competitive in all

areas and we feel that we must keep in step with the market trends or

loose our work position totally.

Guardrite Security and Traffic management in the only registered body

for the supply of these services within the Gold Coast area.

They compete with Traffic Control and or Security Companies from

Brisbane and surrounding areas.

The transient population on the Gold Coast makes is difficult to attain

stability in the industry, due to large Brisbane and surrounding area

based organisations moving in when the workload rises.

The broad range of services Guardrite Security & Traffic Management

Pty Ltd offers, improves the stability for the contractor to attain a steady

workload during these times.

5. Public detriments

(a) What will be the likely effect of the notified conduct on the prices of thegoods or services described at 3 (b) above and the prices of goods orservices in other affected markets? In answering this question pleaseprovide facts and information to support the claims made:

The collective group envisages that there will be no public detriment only

enhancement and stabilization of the market place.

The proposed arrangement does not restrict the ability of Guardrite

Security & Traffic Management Pty Ltd to compete in other ways, for

example, in terms of what other services they provide to their customers;

and will assist to stabilize negotiation with Guardrite clients.

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There is voluntary participation in the arrangements. The members can

choose to withdraw from the collective bargaining arrangement and

negotiate individually with Guardrite Security & Traffic Management

Pty Ltd at any time.

(b) What other detriments may result from the notified conduct? In answeringthis question please provide facts and information to support the claimsmade:

Not Applicable

Section D — public benefits

6. Public benefit claims

(a) Provide details of the public benefits resulting or likely to result from theproposed arrangement. In answering this question please provide facts andinformation to support the claims made:

Increased input into contracts

Contractors as individuals are in a weaker bargaining position when negotiating

with Guardrite Security & Traffic Management Pty Ltd. The proposed collective

bargaining arrangement will improve the members bargaining power and will

allow them to move away from prices, terms and conditions into which they have

no input. Providing members with more bargaining power which will allow them

to have input into how the supply of Security and Traffic Management Services

could be achieved more competitively.

Promote cost savings

The Collective group encourages overall cost savings and job creation with

Guardrite Security & Traffic Management Pty Ltd. If the collective bargaining

arrangements are authorised, members will benefit by achieving increased

income, more available work with overall cost savings, especially when

Guardrite Security & Traffic Management Pty Ltd are tendering for new works,

this will benefit both the client and public purse.

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peN.r..1

New Initiative

The Collective Group wishes to negotiate with Guardrite Security & Traffic

Management Pty Ltd to introduce new products and services from Guardrite

Security & Traffic Management Pty Ltd into the region, increasing consumer

choice. It would not be possible to undertake such promotions individually.

The members submit the proposed collective bargaining arrangements will

result in the following public benefits.

a. fairness in the negotiating process

b. improved safety

c. enhancing the viability of efficient business

Section E - authority

7. Contact details

(a) Name, contact telephone number and address of person authorised by thenotifying parties to provide additional information in relation to thisapplication:

Mr Kim Viney

1/1 Trevor Drive Coombabah

Qld 4216

Phone No — 0417 366 318

(refer to direction 12)

Dated 7/311241. Signed by/ n behalf of the applicant

(Signature)

ff/r/.. A-%/)./., 1/,."//E

(Full Name)

A( . -1-Asit:1-; /5,4",5,4it e 2:7-4.0.. y "r it 1 ;W..

(Organisation)

Fe 704,(Position in Organisation)

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Attachment A

RECORD OF MEETING

All members of the Collective bargaining Group were present at the Meeting heldon the 24th March 2009.

The following entities decided unanimously to lodge a collective bargainingnotification with the ACCC, in relation to proposed collective bargaining withGuardrite Security & Traffic Management Pty Ltd.

n K.E Viney Pty Ltd

n Payne Traffic Control Pty Ltd

n Arcell Pty Ltd

n David Wicks

n Ivan Racki

n Peter Woods

n Don Wahlhiem

n Peter Coxshall

n Ronald Baker

Attachment A

CONSENT FORM

Consent to be a party to the collective bargaining arrangement

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I consent to be a party to the collective bargaining arrangement notified to the ACCC by theCollective bargaining group -

Signed at Ashmore

On this Day of iv1/4Arcii 2009

Name V!D \t/tck 5

Signature

Witness name

Witness Signature

Attachment A

CONSENT FORM


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Attachment A

CONSENT FORM


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CONSENT FORM


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Attachment A

CONSENT FORM


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Attachment A

CONSENT FORM


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Attachment A

CONSENT FORM



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Attachment A

CONSENT FORM


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Signed at Ashmore

On this 024 T4-1 Day of

fiN Agc,41 2009

Name AC,,Kc

Witness Signature

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