FINAL PARTNERSHIP AGREEMENT 7 JUNE 2013 [MEDUPL AND KUSILE PARTNERSHIP AGREEMENT (PA) Between ESKOM HOLDINGS SOC LIMITED ("Eskom") And ‘The Principal Contractors: Hitachi Power Africa (Pty) Ltd / Murray and Roberts Project (Pty td Alstom [MPS Murray and Roberts Construction and Aveng Grinaker LTA a division of ‘Aveng Africa td KOW (1) (A Joint venture between Basil Read (Pty Ltd, Stefanutt Stocks ‘Givls a Division of Stefanutt Stocks (Pty) Ltd, WBHO Construction (Pty) itd and Group Five Cul Engineering (Pty) Ltd) ‘Actom Contracting sion of Retom (Pty) itd Siemens (Pty) itd sor Frankl qo 4 Wy " pase <7) wate wet antag) 7 6 aFINAL PARTNERSHIP AGREEMENT 7 JUNE 2013 'SSBR (JV) (Stefanutt Stocks Bullding Inland a Division of Stefanutt Stocks (Pty) tea and Basi Read (Pty) ted) (WaHO Construction (Pty ite KSIV(A joint venture between Basil Read (Pty) Ltd, Stefanutti Stocks Civils 2 Division of Stefenutt Stocks (Pty) Ltd and WHO Construction (Pty) Ltd) Basil Read (Pty) itd Bateman africa (Pty) itd ‘And other epresented by the CMF and duly authorized nd ‘rade Unions Building Construction and Allied Workers Union (BCAWU) ‘Chemical Energy Paper Printing Wood and Allied Workers Union (CEPPWAWU) "Metal Electrical Workers Union of South Aftica (MEWUSA) National Union of Mine Workers (NUM) National Union of Metal Workers of South Atica (NUMSA) Solidarity (Solidarity) LUASA the Union (UASA) Hereinafter referred to as “the ParFINAL PARTNERSHIP AGREEMENT 7 JUNE 2013 TABLE OF CONTENTS 4. Leadership Commitment 5 2 PAObjectves... 5 3. Partnership Characters non ss 6 4. Partnership Principles. 5. Definitions 7 6. Application ofthis Agreement. . 2 7. Communication and information sharing... sass 8, Partnership Forums. on. 18 9. Policy Directives. es = 19 10, Collective Bargaining. —- 19 41. Rights and responsibilities of partes to this agreemeMt vs ensnnnnnnnd 12, Productivity a) 13, Dispute Resolution 2 434, Amendment to this Agreement. nots 15. Duration of this Agreement.FINAL PARTNERSHIP AGREEMENT 7 JUNE 2013 PREAMBLE Eskom, Principal Contractors and Trade Unions at Medupi and Kusile have resolved to enter ' new era in employee relations by strengthening thelr relationship and the quality of their ‘engagement through a range of measures contained in this Partnership Agreement (PA), ‘The PA sets out what the partnership represents, it aspirations and objectives, its principles ‘and scope, andthe commitments which the Parties will make to ensue its sustainability. 't emphasizes the importance of leadership and partclpation in forging a new approach to employee relations Ie respects each Party's independent interests, but seeks alzo to advance their shared interests and the advantages tobe derived from a new partnership approach, {Wt therefore commits the Parties to participation in promoting. principled driven partnerships, employee engagement, 2 far and transparent workplace culture, and decent Work, Equally it commits the Parties to partelpation in promoting innovation, best ‘operating practices and high levels of efiiency and productivity. acknowledges the importance of skils and their development in order to equip employees to participate with confidence and competence in delivering the projects on time and to have portable sll when thelr participation in project is complete, ‘The PA defines the basis of participation in partnership Processes at leadership and at central and Site level. It provides for partnership structures which devolve from the most senlor strategic partnership leadership at the centre, to the operational partnership leadership at ste level. 4 & Wt afrms the stats and sppestion of dustry Agreements at Medupi and Kus, bt Y Provides for base piles for depute and for conuaton and notion atthe Sma we Leadership Partnership Forum and collective bargaining ata Site evel on woe as yen ones Swg FINAL PARTNERSHIP AGREEMENT 7 JUNE 2018 't enables an efficient project dspute resolution system with provision for negotlated, ‘mediated or arbitrated outcomes, but which also enables recourse in dsputes of interest to the relevant provisions of the Act 1. LEADERSHIP COMMITMENT. ‘The Parties to the PA commit to a partnership that wil elevate ther relationship to a new level based upon the central principles of partipation, transparent. communication, information disclosure, good faith engagement and mutual gains. ‘The leadership of the Parties undertakes to ensure that thelr principals and constituencies {are well briefed on the framework and content and purpose of the PA to facilitate a broad based understanding ofits strategic significance not only forthe projects and its people, but for the whole South African community. ‘The leadership of the Parties recognize and affirm their varied responsibilty to give effect to Partnership a5 the key ingredient of success for project delivery and for al associated with achieving its objectives, 2 PAOBIECTIVES 2A To creste a conducive environment for al Parties to achieve their common interest, and thereby delivering the Prolect on time, on budget and safely 2.2 To optimize performance in order to achieve the Projects’ strategic and operational goals, measures and targets 23 To foster a principled driven partnership between Eskom, Principal Contractors and LY 24 To promote a fair and transparent workplace culture which gives the pavinership ‘their Trade Union Partners. leadership and employees a voice and a strong sense of self-worth in the workplace. l 25 To optimize performance in the workplace by strengthening the skis, motivation i and productivity of employees, Py ese aap ip vy aFINAL PARTNERSHIP AGREEMENT 7 JUNE 201 26 To understand and meet the transformation needs of he project 2.7 Torecognize the Contractors right to profitability and decent work forall Employees. 2.8 The Parties commit to promote a stable peaceful working, harmonious envionment underpinned by fair practices, effective dialogue and communication, and. 2 disciplined adherence to agreed procedures and lawful conduct. 29 To promote compliance with agreements relating to terms and concitions of employment across the Stes 2.10 To promote a safe workplace that operates within the legal parameters ofa relevant legal legislation 3 PARTNERSHIP CHARACTERISTICS 3.4 Parties that recognize the value of insttuionalized engagement. 3.2. Parties that commit to employee motivation and workplace engagement. 33. Labour management relationship underpinned by fairness cooperation underpinned by faimess. 24 song dependent rade Urs 55 Manas the ani of bath ag an vce aut 2.5 Aint probe sohing cate ad approach. Rescing dfereca nan atmosphere of trust Y 52 Acuerammacs her reesti L, 3.8 Stakeholder participation that 5 real possibilities to impact outcomes 38 ry 4! 3.10 Transparency andinfomation dcosure A\e Ne fl WM | == a= 3.11. A shared commitment to transformation and an inclusive yet diverse worklorce ee ieee iv]FINAL PARTNERSHIP AGREEMENT 7 JUNE 2013 3.12 Asserting the importance of dialogue within established project forums andor allow for collective bargaining, PARTNERSHIP PRINCIPLES 4.1 Participation, underpinned by cooperation, healthy communication and information sharing to contribute to the advancement of employees and the success of the Projets 42 Honesty and integrity in dealing with one another. 43. Problem solving to identify iteligent ways of confronting and resolving diferences. 44 commitment to optimize performance in order to achleve the Projects’ strategie and operational goals, measures and targets. 5 DEFINTIONS 5.1 "Act" means the Labour Relations Act 66 of 1995 as amended, 5.2 "Agreement” means this Partnership Agreement (also referred to as the PA") for the Projects 53 "Bargaining Unit” means all employees falling within the categories of the Fespective industry schedule structures, sectoral determinations or relevant Industry ‘Agreements, and anyother category agreed by the Parties. = 55 “CMF* means the Contractors Management Forum which creates the opportunity for contractors to meet to consider issues for Site Collective Bargaining and prepare for engagement in Site Partnership Forums. 4 Za ay 5.6 “Collective Agreement” means 2 collective agreement defined in section 233 of the : ZS Saif "7 “mer om sofware satFINAL PARTNERSHIP AGREEMENT 7 JUNE 2019 structural, mechanical, electrical instrumentation and piping (SMEIP) contractors, joint ventures and contractors who procures employees conducting construction ork and related activites onthe relevant Stes fo such contractor, joint venture or sub-contractor to work on the relevant Ste 5.8 “Contractors Industrial Relations Coordinator"("CIRC’) means the person employed by the Contractors to coordinate the Indusval relations matters of the Contractors onthe Projects. To be reflected in a Policy 59 lective Bargaining Sub committees” are forums established in terms of a Leadership Partnership Forum policy at which 2 specified set of issues are bargained at sites and in which SSA are concluded. 5.10 “Decision Making” in Partnership Forums or Collective Bargaining sub committees will be by consensus unless otherwise agreed. in Partnership Forums all decisions will be made by consensus, except for issues that had been referred to the Negotiation Forum and requires an agreement between relevant partes. in such instances, the parties will through collective bargaining negotlate an agreement ‘based on the recommendations ofthe Negotiation Forum, 5.1 "Eskom Project Management Team (EPM)* means the Team appointed by Eskom as Its agent for each site from time-tostime whose responsibilities may Include engineering procurement and construction management. 5.42 "Employee" means any person inthe Bargaining Unit and employed by the Contractor in any of the sites and who ordinary works on Site. For the purposes of this, ewenentemploye dese employeeintheemplomentofeiom. 5:13 "Eskom Project Management Team (EPMI" means the Team appointed hy Eskom as its agent for each site from time-to-time whose responsibilities nN inde engineering rocrement and construction managemect. %y / 5.14 “tshom Ste Project Dctor means the senior desgated cane onseeron (i respeciva projec Stes, OURFINAL PARTNERSHIP AGREEMENT 7 JUNE 2013 5.5 “Full Time Shop Steward Coordinator” is Full Time Shop Steward whois appointed 5 a shop steward coordinator per Trade Union and who is an employee of the Contractor and/or appointed as per the Trade Union Constitution, The Full Time Shop Steward Coordinator will coordinate the full ime shop stewards in accordance With the provisions of the Trade Union Constitution, andthe Organizational Rights Policy 5.46 “Full Time Shop Steward” is a fulltime employee who is an employee of a Contractor and/or appointed and the Trade Union Constitution, a6 per the Organizational Rights Policy. 547 Industrial action” means 2 lock-out or strike as defined inthe Act. 5.18 "Industry Agreements" mean the Sectoral Determination 2 (updated from time to time) and substantive agreements and addendums thereto for the BCCEL, and the ‘Main Agreement of the MEIBC respectively, that regulate terms and conditions of employment of Employees 5.19 “Kuslle” means the Kusile power station project situated in the province of "Mpumalanga inthe eMalahleni Municipality. 5.20 “Local Employees” in respect of the Medupi project mean employees who have registered thelr home address in thelr employment contract as being from the magisterial district of Lephalale. n respect of Kull site mean employees who have ‘registered their home address in their employment contract as being either in the ‘magisterial district of Sronkhorsprult or Ogles oF Phola oF Delmas or eMalahleni or \Wilge and surrounding farms. ‘ 5.21 “Medupi” means the Medupi power station praject situated in the 7 Ge representatives ofthe Pay ee It SmFINAL PARTNERSHIP AGREEMENT 7 JUNE2012 Partnership Forum for is consideration, 524 * means this Partnership Agreement concluded and signed by the Parties. 5.25 "Parties" means Eskom, Principal Contractors and the Registered Tra Unions who ate signatories to this Partnership Agreement. 5.26 “Partnership Forums” mean forums that are established at strategic and operational levels within the Project and include: 5.26.4 “A Leadership Partnership Forum” which comprises the CEO's of Principal Contractors, designated Eskom executives and national and regional Trade Union leadership and including delegated Trade Union representatives that ‘make strategic and policy decisions at the highest level forthe Project. 5.26.2 “Site Partnership Forums" which comprise site representatives of the Principal Contractors, Eskom and Trade Union leadership at Medup and Kusile Which are responsible for addressing all issues of a strategic or operational nature impacting on project objectives at she. 5.263 “Principal Contractor Partnership Forums" which comprise the Principal Contractor, their sub-contractors and Trade Union leadership which are responsible for addressing operational and Employee Relations fsues which Inhibit the achievement of the partnership objectives ata package level. 5.26.4. “Contractor Partnership Forums” which comprise contractor and Trade Union representatives who are responsible for addressing operational, employee 4, relations and company specifi issues ata contractor and sub-contractor level 5.27 "rind Contractors” means ets of the hl egearing bung engines ‘evo neshanicleleccainsrumertaon nd png SME) contactors nt | ventures and contractors who procures Employees partner agreements conducting. | ¢ Constrcton work and related scutes onthe Project who hold the piney comes contracts wth Eskom, Z 'e construction of either the Medupi or Kusi os a8FINAL PARTNERSHIP AGREEMENT 7 JUNE 2042 5.29 "Project Employee Relations Manager" ("PERN") means the person appointed by the Eskom Project Management Team, to oversee all employee relations issues on their respective Project ites, 530 “Polides" for the purposes of the PA mean the instruments approved by the Leadership Partnership Forum which provide a policy framework within which each site is lead and managed. 5.31 "Policy Directives" forthe purposes of the PA mean directives from Eskom to the Sites to implement particular policy or polices after engagement with the Parties atthe Leadership Partnership Forum, 5.32 “SAFCECT means South African Federation of Civil Engineering Contractors and registered In terms ofthe ft 5.33, "Support Service Providers” mean contractors who provide support services, ‘excluding Support Service Contractors employed full time by Contractors on Site. Support Service Providers will be contained to those Service Providers working on the Site and/or providing a service which is a benefit under the PA and/or SSA. The. lst of Support Service Providers entitled to receive benefits will be agreed and \ssued asa policy 5.34 “Sites” means the workplaces atthe Medupl and Kus sites 5.35, "Shop Steward" means a member of a Trade Union who is elected to represent ‘members as a shop steward from amongst employees of a Contractor and who is ‘employed on a site and who is employed on Organisational Rights Policy. 7 L | 5.36 “SF meas the St Labour Forum whch creates the epporunty for ade Union 1 rears ts mat coer asad prepare fr eset ste | ‘ Partnership Forums i 237 “noses pene actA Contractors and Trade Unions in respect of site specific bargaining sub co Son TW KS ll Oe ihFINAL PARTNERSHIP AGREEMENT 7 JUNE 2019 5.38 "Stakeholders" for the purposes of the PA mean Eskom, Trade Unions and Contractors. 5.39 "Tra Union means a resstered, recognized Trade Union that i signatory to this Agreement. 5.40 “Trade Union Official” means 2 full-time employee of a Trade Union, or an office ‘bearer of such Trade Union designated to represent the Trade Union In terms ofthe {Ac and Union Constitution, 5 APPLICATION OF THIS AGREEMENT 6.1 This Agreement applies to Eskom, all Contractors and Employees in the Bargaining Unit and employees contracted to them and Trade Unions and their members as well 5 to Employees who are non-members of Trade Unions, for the duration of the Project. 62. This Agreement excludes Support Serves Providers. ‘The employees of Support Services Providers will be cons ed for Site benefits as agreed at the PA Leadership Forum. 6.3. This Agreement does not apply to any employes of a Contractor who is seconded to the Project for a period of less than one calendar month or who will perform work ‘onthe Site fora period of less than one calendar month 54 Any other Trade Union which is registered with elther of the MEIBC or BCCEI and which meets the threshold specified in terms of the policy on Trade Union recognition tnder this agreement may become party to this Agreement by signing it DA k A . romation sam 4 7. COMMUNICATION AND INFORMATION swam L Bi 74 In order to fctate constaton and to foster sound employee reo, & i sora at re lee commun and that ela rnton shee hae ra Agent Acme ok cane Son mma ey ran mua (ou gE Vd Yui aSFINAL PARTNERSHIP AGREEMENT 7 JUNE 2013 Sevelop. The key principles which wil inform ths policy are: 7.4.4. The Parties must be open and honest with each other when disclosing Information; 7.4.2 Information should be shared proactively in accordance withthe LRA and in accordance with any other applicable lw; 7.4.3. Information to be exchanged between the Parties shall only be information in ‘respect of Collective Bargaining issues or issues dealt with in any Industry ‘Agreement or SSA, or anyother Collective Agreement, and in terms of Section 16 ofthe Act; 7.1.4 Where possible information supplied should bein an easily accessible and Understandable format; 7.45 Agreements concluded between the Parties should be jointly communicated Where practically feasible; and 7.4.6 Contractors have a responsibilty to communicate an an on-going basi with their employees PARTNERSHIP FORUMS. 8.1 The folowing Partnership Forums wil be established: 32 8.1.1 An overarching Leadership Partnership Forum 83.2 ASte Parmersip Forum at each Site - 8:13 A Principal Contractor Partnership Forum at company level 2 9 8.1.4 A Contractor Partnership Forum at each company g | é cc Operating procedures and guidelines will be developed to ensure thatthe partnership \,822 323 a2 825 226 FINAL PARTNERSHIP AGREEMENT 7 JUNE 2013 ‘Standardized agenda items Effective meeting management bythe chair 'A minute recording decisions, accountability for implementation and timeframes. For all these Forums, a protocol Is requested for a Schedule of Meetings, where delegates are notified upfront / timely and Minutes are kept ‘An action item ist confiemed and distributed atthe end of each meeting Rules of engagement 8.3 The support structures to the Partnership Forums wil be: aaa a2 ‘Site Labour Forum at each Project Site ‘AContractor Management Forum at each Project Site 18.4 LEADERSHIP PARTNERSHIP FORUM ‘The ole ofthe Leadership Partnership Forum isto: 8.4.1.1 Review project and site performance and productivity against the Projects’ strategic and operational goals, measures and targets. 84.1.2 To review and approve policy instruments as recommended by the Negotiating Forum or to be issued as a Polly Directive, which Policies wil be Annexures to be agreed and attached to this ‘Agreement. The policies will be contained in ‘Annewures 2° {depicting them as instruments to be approved by the Lesdership Partnership Forum or to be issued as policy directives by Eskom or referred as matters for Collective Bargaining by 2 Collective Baresining Sub Commitee att. cot 8.4.1.3 Submit reports to relevant Government departments and ot stakeholders on project progress.FINAL PARTNERSHIP AGREEMENT 7 JUNE 2019 8.4.1.4 Share information subject to the Law on strategic issues 8.4.15 _ Resolve disputes in accordance with Dispute Resolution Policy. 8.42 Operateas.a sounding board forall Parties. 8.42.1 Thefollowing representatives will constitute the Leadership Partnership Forum: 42.1.1 Eskom Executive Leadership 842.12 Eskom Site Project Directors 842.13 Principal Contractor CEO's 8421.4 Operations Managers or Project Director of the Principal Contractors (5) 8.42.1.5. Trade Union Officials (National and Regional) andthe Full Time Shop Stewards 342.2.6 PERM 843 Meetings: 43. The Leadership Partnership Forum will meet quarterly or as often as required. 8.44 Negotiating Forum: ‘84.4.1 The Leadership Partnership Forum wil establish a negotiating forum omen (4 ( representatives where polley proposals are developed 7 comprising senior representatives, delegated Tr recommendations made to the Leadership F Na ‘ef approval 8442 The Negotiating Forum members wil ater to £ x Ma Y & PaxFINAL PARTNERSHIP AGREEMENT 7 JUNE 2012 Dispute Resolution Policy 85 SITE PARTNERSHIP FORUMS 4 The ole of the Se Partnership Forums will be: 8.5.1.1 Assess site performance results in respect of Health, Safety and Environment (HSE), people including mobi ization, demobilization ‘raining and skills development, schedule adherence, project milestones, quality, and cost impacts 8.5.1.2 Oversecing the implementation of poles approved by the Leadership Partnership Forum and poliy directives. 8.5.13 Ensuring an abiding consistency in the application of employee relations polcles across site, 8.5.1.6 Identifying problems impacting on employee relations and developing appropriate solutions B5.15. Engaging extemal stakeholders on issues which impact on employee ‘elations {85.1.6 Establishing a collective bargaining sub-committee to negotiate onsite specific issues. 8.5.1.7. Monitoring adherence to far labour practices on ste. as. Ensuring that relevant information is communicated to all Employees 85.2 Representatives on Site Partnership Forums: 6 85.24. The SitePartnership Forums wil be chalred by the Eskom Project, = Ty Hy aSFINAL PARTNERSHIP AGREEMENT 7 JUNE 2019, 8.5.3. Sub-Committees: 85.3.1 The site Partnership Forums may establish sub-committees other than the collective bargaining sub-committee to deal with specifi issues, 85.3.2 The sub-committees will operate under clear terms of reference and ‘make recommendations tothe Site Partnership Forums. 85.4 Meetings 85.4.1 The Site Partnership Forums shall meet once a month or as often as may be required 8.6 PRINCIPAL CONTRACTOR PARTNERSHIP FORUM 86.1 The role of the Contractor Partnership Forum wil be 8.6.1.1 Monitoring package performance results in respect of HSE, people Including mobilization, demobilzation, training and skill evelopment, schedule adherence, project milestones, quality, and cost impacts 8.6.1.2 Ensuring an abiding consistency in the application of employee ‘lations policies across the package, ‘dentifving problems impacting on employee relations and developing appropriate solutions. 2.6.1.4 Engaging external stakeholders on issues which impact on employee relations 6.1.5 Monitoring adherence to far abour practices at each mas // | ee \ vt Representatives on Principal Contactor Partnership Forums \6h een 83) Oe ery, by theFINAL PARTNERSHIP AGREEMENT 7 JUNE 2019 Principal Contractors Operations Dicector 8.6.22 Attendees wil be representatives from the Sub Contractors, the CIRC, ‘the Contractor HR/IR managers, Full Tme Shop Steward and Shop Stewards, and PERM by invitation 363. Meetings: 86.3.1. The Contractors Parnership Forum shall meet once every two weeks oras often as may be required, 8.7. CONTRACTOR PARTNERSHIP FORUM 8.7.1 The role ofthe Contractor Partnership Forum wil be 8.7.1.1 Monitoring company performance results in respect of HSE, people Including mobilization, demobilization, training and skis development, schedule adherence, project milestones, quality, and cost impacts Ensuring an abiding consistency inthe application of employee relations polices across the company, 8.7.1.3 Identifying problems impacting on employee relations and developing, appropriate solutions. 8.7.1.4 Monitoring adherence to fair labour practices at each package. 187.15 Ensuring that relevant information is communicated to all Employees. Representatives on Contractor Partnership Forums: Operations Manager 87.2.2 Attendees will be, the Contractor HR/IR managers, Fl Time ZN Steward|s) a9 shop Stewards. \\, oy ye "5 AFINAL PARTNERSHIP AGREEMENT 7 JUNE 2012 8.7.23 Principal Contractor HR representative, IR Manager and by invitation the CIRC and PERM, 873. Meetings: 87.3.1 The Contractors Partnership Forum shall meet once every two weeks. oras often as may be required 9. POUICY DIRECTIVES 9.1 Eskom has the responsibilty to issue policy directives in relation to HR issues Including those contained in ‘Annexure hereto, 92 Such policy directives will apply and bind Parties across sites, 93 Prior to issuing policy directives Eskom will engage with Parties in the Leadership Partnership Forum to ascertain their views onthe content. 20 COLLECTIVE BARGAINING 10.1 Levels t which Collective Sargsning Agreements may be concluded 430.1. Industry (MEIBC and 2CCE! agreements) 101.2 ste 102 Levels at which agreements may be concluded! a y applicable industry Agreement, The isues for Collective Bargaining at Ste willbe“) 7 rtnership Forum, a \ i \ Wy 103 Collective bargaining may be undertaken atthe Site on issues nat governed by any Sma iipuceFINAL PARTNERSHIP AGREEMENT 7 JUNE 2018 {11 _ RIGHTS AND RESPONSIBILITIES OF PARTIES TO THIS AGREEMENT 424.4 ESKOM RIGHTS AND RESPONSIBILTIES 114.1 Eskom wil: 31.1.1.1 Comply with legislative requirements, all agreements and directives Monitor, support and oversee thatthe Contractors and the Trade Unions give fll effect to this Agreement 11.1.3 Monitor, support and oversee the Parties to implement ‘ensure fair and equitable labour practices between Contractors, Trade unions, Support Service Providers, Employees and Eskom, Monitor and oversee the implementation of fair and equitable labour practices. M144 Issue policy directives, 1.1.15 Participate inthe Leadership, ite and Principal Contractor Partnership Forums n order to ensure alignment with Eskom Policy Directives and other agreed Policies, 11.1.6 Monitor compliance with all agreements and legislative requirements. 11.1.1.7 Monitor effective communication and engagements with Stakeholders, Parties and employees. 412 CONTRACTORS RIGHTS AND RESPONSIOILITIES LS 112.11 Comply with Legislative requirements, all Ze / icles and directives ssFINAL PARTNERSHIP AGREEMENT 7 JUNE 2019 2.2 aaa a2. 2.6 2.7 uz. Implement far and equitable labour practices. Participate in the Leadership Partnership Forums. Ensure thatthe PA and the policies, policy directives and SSA's are given effect tin terms of the letter and spirit of this agreement Prioritize a safe ste-environment, Execute works with labour harmony and reduce the risks ‘associated with labour unrest and Industrial ation so as to achieve its objectives, Recruit, select, employ train and develop their employees, including where there i @ skis shortage, recruit expatriates ‘to perform critical tasks onsite, this will be covered in the ‘appropriate policy to be developed in line with the recruitment poley. Communicate with their Employees on all matters relating 10 the employment relationship and project delvery, Set company specific performance standards and targets ‘and manage these at an operational level, 111.3 TRADE UNION RIGHTS AND RESPONSIBILITIES maa 132 naa Comp th atv requremens a apeemers poles and 34 directives, Penni iatecheramentifonm, (2 Set Upon signature ofthis agreement, Trade union LZN ‘ccorded onthe basis of meeting a threshold of 200 members per site aeco FINAL PARTNERSHIP AGREEMENT 7 JUNE 2013 Collective Bargaining Structures, 21.3.4 Within four months after signature, the threshold will increase to 500 ‘members per sit, 113.5 Shoulda Trade Union achieve a threshold of 750 members ata particular sit, it willbe entitled to. second Full Time Shop Steward, Thereafter it nl be entitled toa further Full Time Shop Steward for every additional 750 members. 11.3.6 shop Stewards wil have the opportunity to meet to prepare and plan for ‘the meeting of the Site Labour Forum and Partnership Forum meetings. 413.7 AFullTime Shop Steward Coordinator willbe elected from among the Full ‘Time Shop Stewards to coordinator the Full Time Shop Stewards in. ‘carrying out their responsibities, 41.3.8 Further Shop Steward and Trade Union rights including, but not limited to, access facilities, elections, reporting relationships and skis development will be included in a Shop Stewards policy Should» Trade Union fallbelow the threshold necessary for recognition at ® Project site the CIRC will notify it in writing that faces de-recognition should it not within the space of 90 days bring ts membership level above the threshold, 32 PRopuctiviy 324 The Perties recognize the strategic importance to the industry and country of | C, Improving progress In ordar to complete the Projects on time and on budget, The Parties commit to ensure high levels of production and productivity. A poliey for Productivity will be developed and approved inthe Leadership Partnership Forum and : ZL AS S\/ sohrlgstp sue mpacing the cheveran of product tpt. fe ee ay wl Saree = ATW Cod hy A,FINAL PARTNERSHIP AGREEMENT 7 JUNE 2013, 423 Eskom commits to creating a conducive enviconment that will enable the Contractors ‘and Trade Unions to achieve their productivity targets, 124 The productivity policy to be developed needs to remove road blocks to progress and 10 Include for measurement and evaluation against best industry standards and Practice. It is the Contractors responsibility to ensure that the productivity policy developed is aligned to these industry standards and practices. The evaluation and ‘measurement will require a detailed analysis of the milestones, key performance targets and measures, and quality, 425 Contractors wil fairly recognized and reward employees for the achievement of project milestones, productivity targets and quality 426 Such productivity agreement will be negotiated as part of the relevant SSA, 433 DISPUTE RESOLUTION 13.1 The Parties reaffirm their fundamental belief and commitment to dialogue as the Preferred method of conducting ther relationship and for preventing and resolving isputes expeditious. 13.2 Disputes will be handled according to the Dispute Resolstion policy and procedure ‘hich will be developed by the Parties and refered to their legal department for comments. This will be approved as a matter of privity by the Leadership Partnership Forum, 13.3 Such policy will provide fora resolution of disputes by negotiation and mediation and falling this by arbitration of rights disputes and a rasart to the provisions of the Act /( forinerest disputes 13,4 Disputes wile addressed atthe lowest level, preferably at Sit level a oe 126 Party ene nal Action ort der ou ag SG Gy neaa 142 1s 18a 152 16 36a FINAL PARTNERSHIP AGREEMENT 7 JUNE 2013, ‘opportunity to resolve the isue, [AMENOMENT OF THIS AGREEMENT Any amendment to this PA must be reduced to writing and sgned by the parties. For ‘the purposes of this Clause, this undertaking constitutes a collective agreement in terms ofthe Act ‘The Parties agree thet any one of the Parties may give 30 days notice to the other Parties to renegotiate this PA or parts thereof. Should a Party refuse to negotiate, the principles ofthe Act shall apply DURATION OF THIS AGREEMENT ‘This Agreement shall come into operation on the date upon which itis signed and shall remain in effect forthe duration of the Projects isting policies and terms and conditions of employment applicable atthe sites atthe date of signature will remain in place untt replaced by amendments to industry ‘ereements, new policies emanating from the Leadership Partnership Forum, policy irectives issued by Eskom and/or SSA's negotiated in the Collective Bargaining Sub ‘Committees a it level NON-COMPLIANCE WITH THE PROVISION OF THIS AGREEMENT 12 Pa fat ey wth ay pon of ws Apemet a any Cay Za devel ora ment reached! in terms of this Agleenent, and after attempts by ‘the Partnership Forums have failed to resolve the breach, the matter must be deslt . \ With in terms of the Dispute Resolution Procedure or by Eskom in terms of wy ‘elevant provisions ofits commercial contracts with contractors. key W ¢ 0 O , §FINAL PARTNERSHIP AGREEMENT 7 JUNE 2013 ‘Thus signed at _on_day of __ 2013, the signatories having secured ‘the necessary authority to sign on behalf oftheir Parties. ESKOM HOLDINGS Soc MITED. SBuliwe Bu Aaa nd ‘The Prineipal Contractors: Sala Abe. Actom Contracting a division of “Name ‘Aetom (Py) es hw Alstom a be Basi Read (Py) td ame Hsmanun}) Bateman Afi (Py Ltd tame sor Frankl “me fhriels Machi Power Aiea Pe) td Tote ‘Murray and Roberts Project (Pty) <1 Vance se ita Avston Pac Sylain eBarE (serm Coovm Converhn Relay Go eos Qirualees LA 4 SiminFNAL PARTNERSHIP AGREEMENT 7 JUNE 2013 Me sranwet) HOW UM UAjointventre Name Sate between Basi Read (Py), Stefani Stocks Cv 3 Dion ‘of stefanut Stocks (Py, WHO Construction (Py td and dh. sw KSIV(Ajolnt venture between fame Sgnature Basil Read (Pty) Ltd, Stefanutti Stocks Cils a Division of Stefanutt! Stocks (Pty) Ltd and Wan constucion ren ta) (0 Taxny \rs(taed Webackand “Home “Fag we) | ! oe ceutDiteh | wes murray and Roberts tw gece Construction and Aveng we ovo rs Goiater TA distonof ie at, rent tea td ssf Siemens (Pty) Lid rm Whar : SSBR JV) (Stefanutt Stocks Building inland a Division of Stefanutti Stocks (Pty) td and Basil Read (Pty) td) ‘Tubular Zaman (JV) (Tubul Construction (Pty) Ltd and Zamani Engineering Services) WBHO Construction (Pty) Ltd CCM Medupt ME Kusile fy Gan wiraceFINAL PARTNERSHIP AGREEMENT 7 JUNE 2013 South Africa (MEWUSA) I, WKH 5 ‘National Union of Mine Workers me efature real : a oS Sa Solidarity (Solidarity) Le LUASA the Union (UASA)FINAL PARTNERSHIP AGREEMENT 7 JUNE 20:9, ‘Annexure 1: The annexure relating tothe ist ofthe substantive issues to be dealt with (being refines) ‘The Parties agree that the attached lst of substantive issues wil be deal with in tems ofthe following four 2 levels. The Fst order of business forte PL wl be to prose the Directives/Polies and Demarcation issues inorder of portance and implementation. The Parties wilendeavour to have all these resolved as Soon as possible Industry Level Eskom Directive PLE Level (Negotiations For) Site Specific Level (SS) 1 Levelt industry lsues as per the Demarcation Issues Table . Level2: The folowing wil be sued as Eskom Directives; ‘+ Minimum Project Wage Rates ‘+ Standardisation of Wages © Centralised Wage Bureau ‘Transport (Rate per Kilometre, Traveling Time and Means of Transport) ‘© Training and Development Eskom overall Policy Level: Policies ta be Reviewed and Approved atthe LF Organisational ght Plc: Shop Stewards ‘+ Remuneration Poly (Balance) Roles and Responsible ofthe PERM and the CERC = FullTime shop Stewards) Roles and Responsibilities + Bargaining Sub-Committee: Purpose, Roles and Responsibties Allowance Plcy Accommodation Policy oe, yl 4 Danes tea ey pecan andra) | Pro oe : TrnmgsnOeprertoktaice) “ th 1 Services and Support Series Providers Poly . Seo 1 A Negotitions a nl TaN OG BAP Ge SraEx FINAL PARTNERSHIP AGREEMENT 7 JUNE 2013, HSE Poly / charter 4. Level 4 Ste Speci sues: As per the ‘Demareatonlsues Table” Preimary st of sues are abies below: DEMARCATION ISSUES TABLE oo [Minimum wage ate x Project Rate ry Standardisation of Wage Rates ava etry lvls ATO bands * Employee Relations poley z Increases Across The Board x Productivity (Trgets and Incentives) z x ours of work Max/oormal Hours) x Shit Patterns x Has x « ‘Transpon Alowance | x Housing / Accommodation x ving out allowance x “Training and development “Centraization of Pay Systems ‘Access to Ste ‘Shop Steward Resources Shop Steward Time off = shop Stewards Tein x Benefits for Regional Organisers x Dispute procedure (Dispute Resolution) x Individual sisal [Osciplinary code) x ‘Grievance Procedure x Incentives (Excluding Productivity) = Height filowance x Confined Space Allowance x Night Sift Allowance. : Food Allowance x ‘Benefits mesial aid, provident fund inading death benefit insurance) x ‘Death Benefits (death and family aistance, anspor, funeral ete) x Tealning on tax x x Benefits from mother company tansterred tastes z Averaglagaf hours o2Y bei Whe Ww EAN eG ilhe FNAL PARTNERSHIP AGREEMENT ONE 2013 | temporary Employmant Services TES) x Collective Bargaining x x * Loss of hours / Leave enhancements x Payment period z ‘Annval Shutdowns x x Project tong Weekends x ool alowances x Standardstion on clement weather x Expatriates x Demobilsation benefits x x Payments uring off tine x ‘Severance Pa x Benefits on Secondment x No Poaching Cause x Cooling Off Period x Nondestructive behaviour x ‘Role of Employer Bodies x Role of kom ‘Site Facities provided by Eskom ‘Teining on PA agreement (forall parties) Union threshold for membership (300) 1» Defstion ofthe Bargaining Unit x ‘Alleviation of Congastion z tocol during Mass Mest Standardization of Information on Paying Time Keeping - Workers not observing time Keeping regulations Absenteeism Luneh break dcpine on returning Substance abuse [Seat plan (Sendce powders Fon