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NGP TOORAK
EMPLOYEE GUIDE
2016
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CONTENTS
Section 1: INTRODUCTION .......................................................................................................3

Section 2: WORKING AT MERCEDES-BENZ TOORAK...................................................................4

Section 3: LEAVE POLICY ..........................................................................................................9

Section 4: HEALTH AND SAFETY .............................................................................................. 13

Section 5: VEHICLE POLICY ..................................................................................................... 14

Section 6: SMOKE FREE POLICY .............................................................................................. 19

Section 7: DRESS CODE .......................................................................................................... 20

Section 8: MANAGEMENT AND OWNERSHIP OF INFORMATION .............................................. 21

Section 9: E-MAIL, INTERNET, SOCIAL MEDIA AND MOBILE PHONE POLICIES ........................... 23

Section 10: DRUGS AND ALCOHOL POLICY ................................................................................ 27

Section 11: TRAINING AND DEVELOPMENT .............................................................................. 29

Section 12: DISCRIMINATION ................................................................................................... 30

Section 13: HARASSMENT (SEXUAL and OTHER) ....................................................................... 32

Section 14: WORKPLACE BULLYING .......................................................................................... 34

Section 15: ISSUE RESOLUTION PROCEDURE ............................................................................ 36

Section 16: GRIEVANCES AND DISPUTES PROCEDURE ............................................................... 38

Section 17: DISCIPLINARY PROCEDURE..................................................................................... 39

Section 18: PERFORMANCE MANAGEMENT AND REVIEW ......................................................... 41

Section 19: TERMINATION PROCEDURE ................................................................................... 45

Section 20: REDUNDANCY ....................................................................................................... 50

Section 21: PRIVACY ................................................................................................................ 52

Section 22: CONFIDENTIALITY .................................................................................................. 54

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Section 1: INTRODUCTION

Welcome to NGP Toorak Pty Ltd trading as Mercedes-Benz Toorak!

We hope that you will enjoy working for Mercedes-Benz Toorak (MBT) and we wish you all the best for a successful
career within our organisation.

The information contained in this Employee Guide (Guide) is very important as you start your employment with us as
it will assist you in understanding how we operate and what our expectations are from our employees. It is
important that all employees understand the contents of the Guide to ensure that all employees at MBT are able to
enjoy a professional and productive work environment.

Please read the Guide carefully before you sign the attached Declaration. This Declaration indicates that you
understand, accept and agree to abide by the policies and procedures of MBT.

Please note that the policies and procedures in this Guide do not form part of your contract of employment with
MBT.

If you have any questions or require clarification with regards to any information contained within the Guide, please
contact your Manager/Supervisor.

All care has been taken to ensure that correct information has been provided in this Guide. However, as
amendments might be required from time to time because of changes in the structure, operations or goals of MBT
or because of revised or new legislation, all employees must make themselves aware of changes as displayed on
MBT notice boards and advised by e-mail.

The electronic version of the Guide is available on the MBT Intranet and a hard copy can be obtained from your
Manager/Supervisor or Human Resources.
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Section 2: WORKING AT MERCEDES-BENZ TOORAK

Workplace Standards

In addition to contractual and award-based conditions of employment, MBT requires all employees to meet a certain
level of employee conduct under this Guide. It is essential that whenever a group of people work together, a
standard of behaviour must be maintained that ensures a productive and efficient workplace.

The following workplace standards must be observed:

You have a legal obligation to cooperate with your Manager/Supervisor or MBT in any matter connected with
your own and/or your fellow employees health and safety;
Always follow lawful instructions given by your Manager/Supervisor;
Treat fellow employees with respect and courtesy at all times;
Customers and children accompanying them are not permitted inside the workshop and any customers entering
this workspace should be immediately requested to move to the customer lounge areas;
Employees should not be in areas where they are not required to be. Workshop areas should not be used as
corridors to other areas except where specifically designated for this purpose;
Where access is required, employees are to remain on designated walkways;
Dishonesty, misappropriation of MBT or customer property or money will not be tolerated. Dishonesty of this
nature will be referred to the Police immediately and constitutes grounds for instant dismissal;
Keep your work area clean, tidy and uncluttered. Good housekeeping prevents incidents, accidents and injuries;
Use dedicated areas (lunch rooms) for meal breaks. Desks and work areas are not to be used for this purpose,
especially if they are in an area frequented by the public;
Keep tools and equipment stored in the correct place and ensure liquid spills are cleaned up immediately;
It is expected that you will respect and care for all equipment that is provided for your use at work. In the event
of breakage or malfunction, notify your Manager/Supervisor as soon as is practical;
If unaware about how to use a piece of equipment or the safest way to perform a task, ask your
Manager/Supervisor. Never take risks as it could injure you or someone else.

Notice Boards and Websites

MBT will keep employees informed of changes to our working environment by way of notice boards and e-mail.
Announcements of general interest will be placed on the notice boards. You are urged to make yourself familiar
with the location of notice boards in your Department.
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Probationary Period

All employees are hired on a six month probationary basis. During this period MBT will consider your work
performance, attitude and compatibility with MBT. During the same period of time, you will need to consider
whether your new role and MBT are right for you. Your Manager/Supervisor will meet with you on a regular basis
during your probationary period to discuss your performance and conduct measured against expected levels, your
progress and areas for improvement and any issues you may have with your work and work environment. The
probationary period will be extended by the period for which any leave (paid or unpaid) is granted during the
probationary period.

Naturally, MBT hopes all employees have a long and fulfilling career. However, it must be understood that
continued employment beyond the probationary period does not guarantee future employment. Dismissal or
retrenchment may occur in a range of circumstances, including in the event of misconduct, unsatisfactory work
performance or due to the operational requirements of MBT.

Hours

Unless an industrial award that applies to your employment provides otherwise, full time employees are generally
required to work 38 ordinary hours in a week plus reasonable additional hours. Overtime hours are those worked in
excess of your ordinary hours and reasonable additional hours. Your contract of employment will state whether you
are entitled to be paid for overtime hours. All paid overtime must be approved by your Manager/Supervisor in
writing prior to being worked.

Employees are not expected to work through meal breaks except in exceptional circumstances.

Employees who are required to work additional hours and/or weekends will have their working arrangements
explained by their Manager/Supervisor.

Salary Payments

You will be advised by your Manager/Supervisor of your pay cycle. Irrespective of that cycle, your wages will be
credited to your nominated bank account by Thursday following the end of the pay cycle and a pay advice slip will be
issued to you by that day.
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PAYG Withholding Tax deductions from your pay are made in accordance with the requirements of the Australian
Taxation Office. Other deductions such as special tax or voluntary employee superannuation contributions will be
made only with your written consent.

Annual leave loading will be paid where applicable under the relevant Award.

MBT will pay superannuation contributions as required by the Superannuation Guarantee (Administration) Act 1992
(Cth) on your ordinary time earnings.

Location of Employment

Changing work conditions or opportunities might give rise to you being asked to move between Departments within
the Dealership or even to move between different locations. Should this need arise, this will be discussed with you
at the time.

Punctuality

As an employee of MBT it is your responsibility to report to work, to meetings and appointments on time. Excessive
absences or lack of punctuality, where there is no satisfactory explanation, may result in disciplinary action up to and
including dismissal.

Attendance

Where required by your Manager/Supervisor you must record your attendance at work by completing either a time
card or an attendance sheet.

If you leave the work premises during work hours, you must notify your Manager/Supervisor and where appropriate
the Receptionist.
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Security and Personal Property

Do not bring items of value or personal property to work if they are not required as part of your job function. Your
valuables, personal property and work tools are your responsibility. MBT will not be held responsible for the
safekeeping or loss of such items.

Technicians tools are covered by MBTs insurance policy for damage or theft subject to terms and conditions which
can be obtained from the Service Manager or Human Resources.

Prohibited Behaviour

The policies that follow in this Guide refer in detail to various actions or types of behaviour that are unacceptable to
MBT. To emphasise their importance, they are listed here as well. As indicated throughout the Guide, anybody
behaving in this manner will be subject to disciplinary action that could result in disciplinary action up to and
including dismissal:

Being under the influence of illegal drugs or alcohol while at work;

Conduct that affects the health and safety of employees;
Chronic absenteeism;
Being convicted of a criminal offence;
Physical assault;
Discriminatory behaviour;
Bullying and harassment;
Use of abusive language;
Theft, destruction or misuse of MBT or a clients property;
Altering business records or engaging in fraudulent activities;
Refusing to carry out MBTs lawful and reasonable instructions;
Inappropriate use of social media.

Employees Purchasing a New or Used Vehicle

Employees can request to purchase a vehicle for themselves or an immediate family member. The Dealer Principal
will explain the terms and conditions and use their discretion based on the particular circumstances.
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Receipt of Gifts

Any gift or hospitality received because of a work related connection in excess of $100 must be declared to your
Dealer Principal.

Speed Limits

All employees must take note of and abide by any speed limits that apply within Dealership properties. These will be
clearly signposted. Any employee found to have breached this policy will be referred to the disciplinary procedure.

Employees Car Parking

Employees vehicles are only permitted to be parked in designated parking areas. These areas will be clearly
identified at each of the MBT locations.
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Section 3: LEAVE POLICY

Annual leave

All employees, other than casual employees, are entitled to accrue annual leave. All full-time permanent employees
are entitled to four (4) weeks paid annual leave per annum. Part-time permanent employees are entitled to annual
leave on a pro-rata basis. Unless prior arrangements have been made with your Manager/Supervisor, your annual
leave balance should not exceed twenty (20) days at the end of each year. In certain circumstances, your
Manager/Supervisor may request you to take leave to reduce this balance. Your annual leave application should be
submitted well in advance allowing for the annual leave to be considered and taken as requested.

Where employees participate in manufacturer or supplier-provided incentive trips, annual leave must be taken for
that part of the trip that is not work-related, according to the following rules:

If the trip is leisure only - 50% of the trips normal working days should be annual leave;
If the trip is work and leisure - that portion of the trips normal working days that are not work related (up to a
maximum of 50%) must be taken as annual leave.

Payout of Unused Annual Leave

Accrued and untaken annual leave will be paid out on termination of your employment with MBT. Managers may
have their annual leave cashed out provided it is approved by the Dealer Principal and their leave balance is not
reduced to less than 20 days.

Personal/Carers Leave and Compassionate Leave

Paid personal/carers leave is provided to all employees, other than casual employees, during periods of illness or
injury, unless Workers Compensation payments are being received.

An eligible employee may use available employee personal/carers leave:

if the employee is not fit for work because of an employee illness, or an injury, affecting the employee (Sick
Leave); or
to provide care or support to an immediate family member, or a member of the employees household, who
requires care or support because of:
o an employee illness, or employee injury, affecting the member; or
o an unexpected emergency affecting the member (Carers Leave).
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If you are going to be absent from work for reasons of taking personal/carers leave or compassionate leave, you
must notify your Manager/Supervisor as soon as practicable, giving details of the reason for the absence and an
estimated duration. Failure to make reasonable efforts to contact your Manager/Supervisor may result in
disciplinary procedures and/or non-entitlement to paid personal/carers leave. When notifying your
Manager/Supervisor that you are taking personal/carers leave, messages should not be left with fellow employees
unless the Manager/Supervisor is not available. Advice by sms or email is generally not acceptable, unless direct
telephone contact cannot reasonably be made in the circumstances.

You must prove to the satisfaction of MBT that you were unable to attend for duty because of an illness or injury by
producing a medical certificate or other reasonable evidence of the reason for the leave. All sick leave in excess of
two single days per year or one occasion of two consecutive days per year requires a medical certificate or other
reasonable evidence.

Sick Leave taken on a day immediately before or after a weekend, public holiday or Rostered Day Off (RDO) also
requires the production of such evidence. Subject to the requirements of the NES, MBT reserves the right not to pay
Sick Leave if you do not provide a medical certificate or other reasonable evidence of the reason for the leave or
cannot prove to the satisfaction of your Manager/Supervisor or the Dealer Principal that you were unable to attend
for duty on the days that Sick Leave is being claimed.

A leave form should be completed indicating the appropriate category of leave being applied for. Management
reserves the right to request confirmation of the reason for the leave application.

By agreement, you may take unpaid leave for the purpose of providing care to an immediate family member or
member of your household who is ill. Immediate family includes your spouse, de facto partner, child, parent,
grandparent, grandchild, brother or sister, and a child, parent, grandparent, grandchild, brother or sister of your
spouse or de facto partner. De facto partner has the meaning ascribed to that term in the Fair Work Act 2009 (Cth).

The need to take unpaid leave should be discussed and agreed with you Manager.

MBT will provide up to two days compassionate leave per permissible occasion on normal pay:

in the event of the death of a member of your household or immediate family; or

to spend time with a member of your household or immediate family who has contracted or developed a
personal illness or sustained a personal injury that poses a serious threat to the members life.
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Parental Leave

Parental leave should be discussed and agreed with your Manager.

MBT complies with the NES requirements covering Parental Leave.

Australias Paid Parental Leave scheme (PPL Scheme) provides for parental leave payments to be made to eligible
employees by the Federal Government. Each employees circumstances will differ and therefore employees should
carefully read the Information for Working Parents on the Family Assistance Office website.

Long Service Leave

Long service leave of thirteen (13) weeks is granted to employees who have completed fifteen (15) years of
continuous employment with MBT (a pro rata portion of this period of leave may be taken after the completion of
ten (10) but less than fifteen (15) years continuous employment). Your Manager/Supervisor or Human Resources
can provide you with more detailed information.

Leave Without Pay

Leave without pay may be granted, on application, in special circumstances. Applications for this category of leave
will be granted at the absolute discretion of your Manager/Supervisor.
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Community Service Leave

You are entitled to be absent from employment for periods that you engage in, and reasonably travel to and from,
the following community services activities:

Jury service (including attendance for jury selection) that is required by or under a law of the Commonwealth, a
State or a Territory; or
a voluntary emergency management activity as defined in section 109(2) of the Fair Work Act 2009 (Cth);

Provided, however, that, with the exception of jury duty, community service leave will only be granted if your
absence is reasonable in all of the circumstances and will be unpaid.
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Section 4: HEALTH AND SAFETY

MBT is committed to providing a safe and healthy working environment that is, so far as is reasonably practicable,
safe and without risks to employees health and safety, where a workplace related incident, injury or illness occurs
will provide for employees claims management, return to work and rehabilitation support and programs for
employees to return to work at the earliest opportunity.

Due to the importance MBT places on Health and Safety, MBT has in place a Health and Safety Handbook which is
separate to this Guide.
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Section 5: VEHICLE POLICY

Certain employees may be allowed under their employment contracts to make use of a vehicle belonging to MBT
(Drive Car) or a customer of MBT (Customer Car).

The purpose of this Policy is to set out the:

terms and conditions pertaining to the use of any such vehicles; and
reporting requirements, the conduct review procedure and the insurance excess payment due in the event that
a Drive Car or Customer Car is involved in an accident.

General

A No Smoking policy applies to all Drive Cars and Customer Cars.

All vehicles (including Drive Cars, Customer Cars and personal vehicles) driven on MBT premises must be driven at a
safe speed and within applicable site speed limits and traffic management programs.

Customer Cars

Customer Cars must never be:

driven by an unlicensed or otherwise unauthorised employee;

used for personal use;
used for any purpose other than that authorised by the owner of the vehicle (for example, without limitation,
the vehicle must not be used to carry passengers or property unless authorised by the vehicle owner);
driven outside the immediate precinct of the Dealership unless this has been authorised in advance by the
Service Manager or, if the vehicle is being tested, the vehicle is being driven only on an accepted test route; or
driven in a reckless or negligent manner.
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Drive Cars

General terms and conditions pertaining to the use of a Drive Car are as follows:

Use of a Drive Car is a privilege granted to employees, subject to their adherence to the terms and conditions of
this Policy as amended from time to time;
The nature of MBTs business requires that certain staff members be allocated a Drive Car; these vehicles are
not for the exclusive use of any staff member and can be sold, swapped, loaned out or demonstrated by the
Dealership at any time. They must at all times be available for this purpose;
Employee access to a Drive Car may be dependent on continued satisfactory performance and may be
withdrawn at any time at MBTs discretion;
The use of the Drive Car may be withdrawn or suspended if an employee abuses the privilege in any way or fails
to comply with the terms and conditions of this Policy. A Dealership may use any Drive Car at any time for its
own purposes without notice to the employee;
The employee entrusted with a Drive Car is required to exercise particular care and caution to avoid loss of or
damage to such vehicle;
The employee entrusted with a Drive Car must be in possession of a current drivers license and be able to
present a current drivers license on request. Employees who have their license cancelled or suspended must
advise their Manager/Supervisor immediately;
Where an employee does not have off-street or garage parking at their residence, MBT have the right to
allocate a vehicle different from what might otherwise be allocated. A premium vehicle should not be
allocated where off-street or garage parking is not available at the employees residence;
Premium vehicles must at all times be parked off-street or in a garage when the employee is at their residence;
An employee with access to a Drive Car may use it for purposes related to the execution of his/her functions at
the Dealership and for reasonable personal usage within an acceptable radius from the Dealership. The
company will pay approved and permissible fuel, oil and service costs and vehicle license fees;
The employee must not:
o hire out the vehicle;
o carry passengers or property for reward or carry hitchhikers;
o drive the vehicle in a reckless and/or negligent manner, including but not limited to using the vehicle in
speed or similar contests such as rallies or time trials;
o use the vehicle to transport large or abnormal goods;
o perform engine modifications or fit non-standard parts;
o fit accessories/tow bars/roof racks without the written permission of the Dealer Principal;
o operate the vehicle to tow or push other vehicles, caravans or trailers, unless written authorisation is
obtained from the Dealer Principal;
o use the vehicle for the launching of boats;
o use the vehicle outside the vehicle manufacturers design specifications;
o drive the vehicle anywhere other than on a properly constructed motorway;
o drive a vehicle without a current drivers license;
o allow any person who is unlicensed or unauthorised to drive the vehicle.
The Dealer Principal may require the employee to contribute to the cost of journeys undertaken beyond the
acceptable radius. The acceptable radius, and the cost contribution required from the employee, will be
determined by the Dealer Principal having regard to the circumstances of the employee;
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Subject to the clause below, the Drive Car is intended for use by the employee only and not for general use by
the employees family. The employee may incur full liability for any damage or accident caused whilst the
vehicle is driven by an unauthorised driver;
An employees immediate family member or member of the employees household (family member) may drive
the employees allocated Drive Car on condition that:
o the employee is in the vehicle at the time;
o the family member is legally authorised to drive a vehicle of the same code; and
o the family member is driving the vehicle in circumstances where it is absolutely necessary and the
employee cannot drive the vehicle. If the vehicle is damaged when driven by a family member in the
absence of such circumstances, the employee will incur full liability for any damage or accident.
The employee may not give permission to any other person (other than a family member) to drive the Drive Car,
except in absolute emergencies or exceptional circumstances where specific permission has been obtained from
the Dealer Principal;
MBT will treat any damage to the Drive Car (due to whatever cause) as the employees responsibility and
existing policies and procedures including a Conduct Review will be carried out as if the employee was driving
the vehicle;
All fines (including but not limited to speeding, parking, accessing toll roads without payment and other driving
contraventions) that are incurred while driving a Drive Car are the responsibility of the employee;
The cost of replacing lost keys must be met by the employee to whom a Drive Car is allocated or an employee in
charge of the vehicle or the keys at the time of the loss;
Employees must ensure that on a daily basis the registration number of the vehicle they are driving is recorded
in the appropriate register;
All employees are responsible for taking care of the interior and exterior cleaning of Drive Cars under their
control and that vehicle servicing and maintenance are carried out as per manufacturer and company
requirements;
Employees using a Drive Car will have an amount deducted automatically from their weekly pay as a
contribution towards the overall cost of providing the vehicle. The overall costs may include FBT which is
attributed to the use of a Drive Car and will be calculated each year and will be included on the Payment
Summary as required by legislation. Employees on leave and unable to make use of a vehicle, should ensure
that the vehicle is returned to their Dealership for this period and that they advise the Pay Administrator;
Employees should avoid keeping personal items and items of value in vehicles, especially when parked in public
places. These assets will not be insured in the case of theft and the presence of the valuables might encourage
theft and therefore damage to the vehicle;
Where an employee who would have access to the use of a Drive Car elects to receive a car allowance instead
and his/her Manager/Supervisor authorises the change, that employee will not be entitled to the use of a Drive
Car. An employee can subsequently advise his/her Manager/Supervisor in writing that he/she wishes to revert
to the Drive Car scheme and if the Manager/Supervisor authorises the reversion, they can be allocated a Drive
Car. The change will be at the discretion of the Dealer Principal and will be subject to the policies and
procedures in place at the time.

The type, cost and other particulars of Drive Cars allocated to employees are dependent on a range of factors.
However, it will be primarily dependant on the employees position and requirements of the dealership.
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Accident Reporting and Investigations

In the event of an accident or damage, the following steps should be followed:

Do not admit liability;
Report any accident, damage or injury, no matter how slight, immediately to your Manager;
In conjunction with your Manager and/or Financial Controller, complete a motor vehicle accident report form;
and
The motor vehicle accident report form must be given to your Manager and the Dealer Principal.

All accidents must be investigated by the nominated MBT person which will be the Financial Controller or another
Manager. All accidents must be investigated and be followed by a Conduct Review to determine the facts and the
extent of any unacceptable behaviour/conduct on the part of the driver. In the event of a Dealer Principal being
involved in an accident, the Human Resources Manager shall investigate the accident and undertake the role of
Dealer Principal as outlined below.

Where damage is below $500, no formal review is required unless there is a possibility of unacceptable conduct in
respect of the accident.

Where damage exceeds $500, a formal review must be held.

The purpose of the investigation is to:

set the level of excess the employee will be liable to pay; and
assess the acceptability or otherwise of an employees conduct depending on the specific set of circumstances
and impose the appropriate sanction (verbal warnings, written warnings, final warning and/or dismissal).

There is no right of appeal against the outcome of an accident review.

Where an employee was at fault but the Dealer Principal is satisfied that there was no negligence and the employee
has not been involved in another accident in the last two years, the employee will not be liable for any insurance
excess.

Where an employee was at fault and the Dealer Principal is satisfied that there was no negligence but the employee
has previously been involved in an accident, the employee will be liable for $500 of the excess payable.
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Where the employee was at fault and there is some question as to whether they were negligent but the employee
has previously had a good record, the employee will be liable for $1,000 of the excess payable.

Where the employee is considered to have been negligent, the employee will be liable for the full excess payable up
to a maximum of $2,000.

Where MBTs insurance company denies any insurance claim, the employee responsible for the vehicle will be
personally liable for all resulting damages. This will apply in the following circumstances:

breach of any of the conditions outlined above;

the employee being under the influence of alcohol in excess of the legal drink driving limit;
the employee being under the influence of illicit drugs;
the employee taking prescribed or non-prescribed medication or being found to have a known medical
condition or disability that invalidates his/her drivers license.

If required, litigation will be commenced to recover amounts outstanding.

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Section 6: SMOKE FREE POLICY

MBT as an employer has an obligation to provide and maintain, so far as is reasonably practicable, a working
environment that is safe and without risks to employees health.

Employees must also be aware of their obligations to look after their own health and safety as well as the health and
safety of any other employee who may be affected by the employees acts at the workplace.

The following will apply in MBT workplaces:

All designated work areas within MBTs workplaces are designated smoke free environments;
Smoking is permitted only during designated rest and meal breaks and only in the designated smoking areas;
All cigarette butts must be placed in receptacles (ash trays) provided;
Smoking is prohibited in MBT Drive and Customer Cars; and
MBT recognises the difficulties for employees who smoke and is supportive of employees willing to participate
in a Quit Program.

Failure to comply with the No Smoking requirements will be dealt with by Managers under the MBT Disciplinary
Procedure and may result in disciplinary action up to and including dismissal.
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Section 7: DRESS CODE

MBT expects employees appearance to be neat and presentable at all times, in a manner reflecting a professional
organisation and meeting the expectations of customers.

The dress code within MBT differs between workplaces and departments. Your Manager/Supervisor will advise you
of the dress code that applies to you.

Generally, employees are not required to wear a uniform, nor will employees be provided with uniforms, except in
the case of workshop technician employees.

Should you be a workshop technician or are otherwise required by MBT to wear a uniform, MBT will provide you
with a uniform which you must wear during your working hours. MBT will launder these uniforms at MBTs cost or
provide you with a laundry allowance.

Certain circumstances might determine what acceptable work wear is during working hours. If in the opinion of
management, it is in the interests of safety, respect and/or professionalism in the workplace, management will
inform employees accordingly. Clothing or jewellery should not be worn at work if it interferes with you being able
to work safely.

MBT requires that tattoos and body piercings are not visible during work hours and in MBT workplaces and that
hairstyles be appropriate for our working environment.
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Section 8: MANAGEMENT AND OWNERSHIP OF INFORMATION

All documents developed, created or conceived by you during the course of your employment with MBT, including
any intellectual property rights in such documents, are solely and exclusively owned by MBT. This material may not
be removed from MBT, given to third parties, used for purposes of private gain or used in any way for the benefit of
anybody other than MBT.

On termination of your employment with MBT, such material may not be removed, even if it was developed by you
during the course of your employment with MBT.

It is illegal to copy proprietary computer software or educational material that you might use in the course of your
employment with MBT.

It is critical that the distribution and disclosure of confidential company information both within and outside MBT be
controlled so that the operations of MBT are not adversely affected and so that the privacy of employees, suppliers
and customers is respected.

Key aspects of this policy are:

Confidential information will be safeguarded within MBT and will be disclosed outside the company only by
employees specifically authorised to do so by the appropriate management representative. Customer
information will be disclosed only to the extent to which they have given approval or as required by law;
Confidential information is any company information (whether in hard-copy or electronic form) over which MBT
exercises reasonable measures to limit access and disclosure. Confidential and sensitive information includes
but is not limited to:
o technical information such as processes and techniques;
o marketing information such as marketing plans, products and offerings under development and research
data;
o customer lists and data of any sort;
o financial information such as sales, expense, profit and balance sheet data;
o general business information such as acquisition or expansion plans, re-organisation proposals or other
strategic planning details;
o information relating to legal and tax matters;
o personal information relating to employees held on personnel files.

MBT places great importance on the internal control of confidential information and on confidential information not
being disclosed outside the company except where it is specifically authorised by a Dealer Principal.
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All computer users are allocated passwords to access MBT networks or individual applications. Where the systems
allow, the passwords are required to be changed at regular predetermined intervals. If you have access to any such
application as part of your role, you are required to comply with all password procedures. Without in any way
limiting the foregoing, you must keep your password confidential and secure, and you must not share your password
with any other individual (within or outside of MBT).

The loading of software applications for purposes other than work purposes is not permitted. Any software found to
have been installed in contravention of this policy will be removed and, where appropriate, disciplinary action up to
and including dismissal will be taken against the person/s involved.
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Section 9: E-MAIL, INTERNET, SOCIAL MEDIA AND MOBILE PHONE POLICIES

MBT provides networks that allow e-messages to be transmitted both internally and externally. The use of this
technology has advantages and disadvantages and for this reason MBT has developed policies that regulate their
use. The e-mail and internet facilities are provided to facilitate the rapid and secure distribution and receipt of
business related information between individuals, customers, suppliers and industry groups. These policies will
protect MBT and all employees by making employees aware of what their rights and obligations are insofar as use of
the systems is concerned.

E-mail

All e-mail equipment, software and messages received are the property of MBT and as such confer a legal
responsibility for the group to be aware of the content of the system.

The term e-mail as used in this procedure refers to all material included in an electronic mail message or image as
well as any documents or files attached to the message. The procedure covers both internal and external e-mail.

All e-mail sent and received remains the property of MBT and should be treated as professional, official and
recorded correspondence.

Further to MBTs discrimination, bullying, victimisation and harassment policies, acts of or attempts at creating,
sending, forwarding, replying to, transmitting, storing, holding, copying, downloading, displaying, reading or printing
harassing, objectionable, obscene, abusive, derogatory, demeaning, offensive, inappropriate, pornographic and/or
discriminatory e-mail is strictly prohibited.

E-mail Etiquette

In addition to the rules on the use of MBT e-mail facilities, consideration must be given to the etiquette of e-mail
including the following:

Proofread e-mails before sending to make sure that the content is clear and unambiguous and that the spelling,
punctuation and grammar are correct;
Be polite, professional and friendly in your e-mails. Avoid responding to an e-mail in anger!;
`
Always respond to e-mails received within a reasonable period of time. If a complete response will take some
time to prepare, advise the sender of the e-mail that you have received their message and will reply to them as
soon as possible.

Internet

MBT reserves the right to view and access all users download histories and cookies to ensure ethical, professional
and appropriate use of internet facilities and compliance with this Guide and other MBT policies and procedures.

Browsing the internet for non-business use is strongly discouraged and should be restricted to those times of the day
that are generally appropriate, recognising work requirements.

Social Media

Social media refers to forms of electronic communication through which users create online communities to share
information, ideas, messages, and other content (e.g. videos).

Social media may include (but is not limited to):

social networking sites (e.g. Facebook, Myspace, LinkedIn, Bebo);

video and photo sharing websites (e.g. Flickr, Youtube);
blogs, including corporate blogs and employee blogs;
blogs hosted by media outlets (e.g. comments or your say feature on theage.com.au);
micro-blogging (e.g. Twitter) and instant messaging;
wikis and online collaborations (e.g. Wikipedia);
forums, discussion boards and groups (e.g. Google groups, Whirlpool);
vod and podcasting.

Employees must receive written authorisation from their Manager/Supervisor or Dealer Principal prior to using
social media on behalf of MBT. Such authorisation should clearly set out the limited communications that may be
made on behalf of the business and the benefits expected to be derived from such use.

Any intellectual property and/or contacts created, developed or conceived by employees using social media on
behalf of MBT will be the sole and exclusive property of MBT.
`
Unless with the prior express authorisation of their Manager/Supervisor or Dealer Principal, employees must not use
social media:
during working hours on MBT supplied mobile phones, a laptop or PC;
in a way that discloses MBTs name, whether directly or indirectly;
to disclose any of MBTs confidential information, intellectual property or trade secrets;
to post inappropriate comments, including comments about MBT, other MBT employees, users, customers or
clients;
to post inappropriate comments which could be considered discriminatory, bullying and/or harassing. Some
examples of harassment include but are not limited to:
o sending offensive, insulting or harassing messages;
o posting sexually explicit material if there is a reasonable likelihood that other MBT employees are likely to
see it.

Compliance with this procedure is critical to MBTs business. Non-compliance by users with this procedure may
result in disciplinary action up to and including dismissal.

Mobile Phones

The aim of this procedure is to provide employees with guidelines regarding the appropriate use of their MBT
supplied mobile phone. Reference is also made to the use of private mobile phones on MBT business.

Eligibility

An employee will be eligible for an MBT supplied mobile phone if it is deemed necessary to their position, for
example, if the employee's duties require them to spend a significant time out of the office and/or to be contactable
on a regular basis outside normal working hours.

General use

An MBT supplied mobile phone is provided primarily to allow contact with the employee by other employees or
customers. The use of a mobile phone while driving is illegal and will not be tolerated under any circumstances. If
justified, a 'Hands-free Car Kit' may be provided and installed into an employees car. Most passenger vehicles are
factory equipped with Bluetooth hands-free kits.
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Private use

Your mobile phone has been issued to you for work purposes. Therefore, private usage of your mobile phone should
be kept to a reasonable level. If it is found that an employee is using his or her phone irresponsibly, then the
employee may have the phone removed or be requested to reimburse MBT for excessive employee calls.

MBT mobile hardware device standard and e-mail access

The MBT mobile will also have e-mail setup. All non-MBT mobiles, even if used for work purposes, will not have e-
mail enabled due to potential security risks.

Employees mobile phone used on MBT business

With the agreement of your Manager, an employee may use his or her own mobile phone on MBT business
according to the terms agreed with his or her Manager.
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Section 10: DRUGS AND ALCOHOL POLICY

This policy provides guidelines to all employees and assists Managers/Supervisors in dealing with the use or
possession of drugs and alcohol in the workplace. Alcohol and drugs in the workplace can affect the health and
safety of other employees and people in workplaces, an employees ability to perform their work duties satisfactorily
and the reputation of MBT.

Employees must have zero impairment levels in the workplace.

This procedure applies to all MBT workplaces. The workplace includes all MBT worksites and any other location
where you might be while carrying out duties for MBT or representing MBT (customer vehicles, drive cars, social and
client functions and work on other sites for MBT e.g. customer or supplier sites).

The reference legal drugs refers to prescribed medication and/or drugs authorized and prescribed by a medical
practitioner. The reference to Illegal drugs refers to any substance or drug not prescribed by a medical practitioner
and includes the over use of prescribed medication.

Use of Illegal Drugs

MBT will not tolerate the taking, possession, buying or selling of illegal drugs in any MBT workplace or site at any
time. The workplace, in this instance, includes use of MBTs e-mail facilities.

Employees found in possession of illegal substances and/or drugs or supplying illegal substances and/or drugs in any
workplace or site will be instantly dismissed and reported to the Police.

Use of Legal Drugs

All employees should inform their Manager/Supervisor if they believe their prescribed medication or legal drug has
the likelihood to impair their ability to work normally and perform their duties safely. Employee confidentiality will
be maintained and support provided as necessary.
`
Use of Alcohol

Alcohol is not to be consumed at MBT work sites and workplaces. Alcohol affects and impairs judgment preventing
an employees ability to perform their work safely. It can also lead to inappropriate behaviour.

Where alcohol is provided at work authorised functions, employees are expected to be responsible for their own
alcohol consumption and behaviour.

Employees should not come to work or remain at their workplace should their blood alcohol level exceed the
prescribed legal limit. Breach of this policy may result in disciplinary action being taken against the employee up to
and including dismissal.

Any Manager/Supervisor who considers an employee or Contractor to be under the influence of alcohol and/or
drugs is to immediately report the matter to their Manager/Supervisor and/or the Dealer Principal.

Employees will be held responsible for causing an incident or injury to themselves, other employees, third parties or
property while under the influence of alcohol or drugs.
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Section 11: TRAINING AND DEVELOPMENT

Suitable training of its employees is extremely important to MBT, as we recognise that our continued and increased
success is dependent on the provision of trained employees at all levels.

Employees may, from time to time, be requested to attend specific training courses and are expected to attend as
directed. Employees are encouraged to find specific courses that may improve their employee performance in the
work environment. There is a general requirement that the course be directly related to their position in the
Dealership or in preparation for future roles within MBT. Any such courses should be discussed with your Manager.

Training might be provided both internally or externally and can cover technical, sales, management or attitudinal
areas or can relate to the Management Philosophy of Mercedes-Benz Toorak or that of the overall NGP Group.

In certain instances, employees chosen to attend courses will be required to give a signed undertaking to remain an
employee of MBT for a specified period after the completion of the training course or to repay MBT for the costs, or
a portion of the costs, incurred in the event that the employee chooses to leave MBT.

In the unlikely event that the expenses have not already been paid by MBT, travel and accommodation expenses
incurred for approved courses will be met by MBT on presentation of all original tax invoices.

Your Department Manager and the Dealer Principal must approve all training courses prior to such courses being
undertaken.

Study Leave will be granted at the discretion of MBT.

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Section 12: DISCRIMINATION

MBT has an obligation to ensure that the welfare of all employees is safeguarded by maintaining a working
environment that is free of any form of discrimination. We recognise that our employees cannot perform their roles
to the best of their ability if they work with other employees, customers or visitors to their places of work who are
discriminating against them.

Any form of discrimination is unacceptable and will not be tolerated.

All complaints of discrimination will be handled seriously, confidentially, impartially and with sensitivity. The
responsibility for confidentiality rests with all parties involved. It is an MBT policy that nobody should be victimised
because they have lodged a complaint of discrimination.

Any breach of this policy may result in disciplinary action up to and including termination of employment.

Should you be discriminated against, immediately report the matter to your Manager/Supervisor or the Dealer
Principal. There are policies and procedures in place to deal with these matters.

Discrimination

Unlawful discrimination may be direct or indirect:

Direct discrimination occurs when an employee is treated less favourably than another due to an attribute or
characteristic they do or do not possess;
Indirect discrimination occurs when an employee with an attribute or characteristic cannot comply with a
particular policy or condition.

It is unlawful to discriminate even when it was not your intention to discriminate.

It is also unlawful to victimise an employee who has complained of discrimination.

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Equal Employment Opportunity (EEO)

EEO is about getting the best employee for the job and basing selection only on factors that are relevant to the job.
EEO is also about being fair and making sure that people are not treated unfairly due to assumptions that are
irrelevant, unwarranted or unrelated to the employees ability to perform the inherent requirements of the position.

MBT aims to provide all potential and existing employees with equal and fair opportunities in terms of recruitment,
promotion, training and conditions of service during the course of their employment with MBT, regardless of factors
such as sex, race, marital status, parental status, family responsibilities, disability, sexual preference, cultural and
religious beliefs or background.
`
Section 13: HARASSMENT (SEXUAL and OTHER)

Should you be harassed at work, immediately report the matter to your Manager/Supervisor or the Dealer Principal.

There is an informal complaint procedure which may involve informally discussing a harassment issue with one of
the appointed Complaint Officers or a formal complaints procedure that will be followed by an investigation to be
conducted by the Complaints Officer. These procedures will apply to any alleged harassment in the workplace.

What is Harassment?

Any type of unwelcome behaviour that offends, embarrasses or intimidates an employee. The behaviour can take
many forms (e.g. verbal, physical or written), can be obvious or subtle and can be of a sexual or other harassing
nature. The behaviour can be deliberate or unintentional and can be instigated by an individual or a group. The
behaviour can happen during a work activity in the workplace, at a work organised social activity or in an out of
office environment where you are involved in a work related activity.

What is Sexual Harassment?

Sexual harassment is unwelcome conduct (including any verbal, written, visual, electronic or physical behaviour) of a
sexual nature that offends, humiliates or intimidates the employee at whom it is directed and where in the
circumstances, a reasonable employee would have anticipated the possibility that the employee at whom the
conduct was directed would be offended, humiliated or intimidated. It is a specific form of harassment.

Sexual harassment could, depending on the circumstances, result from any of the following:

Unwanted physical contact including touching, hugging, brushing against another employee, patting, pinching,
kissing, indecent exposure or sexual assault;
Unwanted sexual propositions or repeated unwelcome requests for dates;
Suggestive looks, or staring or leering in a sexual manner (looking someone up and down, wolf whistles); and
Offensive electronic communications (e-mails, phone calls, texts, social media).

Some forms of behaviour that might constitute sexual harassment might also constitute criminal activity.
`
What other forms of Harassment are covered by this Policy?

Various State and Federal legislation deal expressly with three specific types of harassment:

sexual harassment;
harassment of employees with disabilities;
racial harassment or vilification.

Various forms of harassment (including sexual harassment) could result from any of the following:

Threats, insults or making fun of somebody for reason of any of the attributes or characteristics mentioned
above;
Ignoring, isolating or segregating an employee or group of employees for any of the reasons outlined earlier;
Intrusive questions about somebodys private life;
Obscene, racist or stereotyped phone calls, e-mails, jokes, language and other forms of communication
including electronic and social media.

Harassment Complaint Officers

Your Complaints Officers are:

Dealer Principal;
Departmental Manager;
Human Resources Manager.

Dealer Principals and Managers are the persons where employees can make a complaint. Any employee lodging a
complaint will not be victimised and MBT will ensure that all parties involved are aware of the seriousness of the
complaint and that confidentiality is required.

It is the responsibility of all MBT employees to ensure that their own behaviour, be it physical, verbal or otherwise,
does not constitute any kind of sexual harassment or any other form of harassment directed towards any other
member of employees.

Any form of harassment will not be tolerated by MBT. Employees found to have engaged or participated in such
conduct may be subjected to disciplinary action that might include instant dismissal.
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Section 14: WORKPLACE BULLYING

What is Bullying?

Bullying is on-going and repeated conduct that treats an employee less favourably than others and that may be
regarded as unreasonable and inappropriate workplace behaviour. This behaviour will generally create a risk to an
employee's health and safety. The behaviour will be seen to be unwelcome, unsolicited, usually not reciprocated
and can have an element of malicious intent. Bullying can involve all persons at work including customers and
visitors to the workplace.

Bullying can take many forms and it is not possible or the intention of this guide to list every form of bullying. Some
examples are provided below:

Shouting, verbal abuse, insults, intimidating language, nicknames, sarcasm or implication;

Constant criticism, denigration or demeaning conduct, in private or public;
Isolating or excluding an employee from various work activities or groups;
Damaging or interfering with an employees property or work equipment;
Threats of violence or actual incidents of violence;
Regular ultimatums or threats of dismissal;
Assigning meaningless tasks or giving employees impossible tasks;
Deliberate withholding of information that is vital for effective work performance;
Repeated practical jokes, teasing or humiliation;
Psychological harassment.

The effects of Workplace Bullying include but are not limited to:

Physical and/or psychological injury such as discomfort, anxiety or emotional stress;

Low morale, high employee turnover or unusually high occurrences of absenteeism;
An unprofessional image and poor business reputation;
Financial loss through reduced efficiency, productivity or work quality.

Bullying or violent behaviour will not be tolerated and will be subject to disciplinary action that might include instant
dismissal.
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What action should you as an employee take if you feel that you are the subject of bullying?

Report the complaint to your Manager/Supervisor. The Manager/Supervisor will manage the complaint and ensure
the safety of all employees.

Employees who believe they have been bullied are encouraged to raise the matter with one of the Complaints
Officers. Disciplinary action, that in serious cases may include instant dismissal, may be taken against anyone who is
found to have victimised or retaliated against an employee who has complained of a breach of this policy.
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Section 15: ISSUE RESOLUTION PROCEDURE

MBT has an Issue Resolution Procedure designed to provide a mechanism through which all concerns can be
addressed.

If you think you are being discriminated against, bullied, victimised, harassed or made to feel uncomfortable at work
by a Manager/Supervisor, colleague, contractor, customer or other individual, you have the legal right to speak out
to try to stop it happening.

Do not wait to take action. The first thing to do (if you feel you can) is discuss it with the person concerned. Let
them know their behaviour is unacceptable to you and ask them to stop. Do not ignore it and hope it will go away as
silence may give the impression that the behaviour is acceptable.

If you are not satisfied with the results of talking to the person concerned or you do not feel comfortable talking to
the person concerned, talk to one of the Complaints Officers. Following an initial discussion, a complaint can follow
a number of courses:

Informal complaint: if any employee wishes to discuss any queries or concerns they have regarding what may
or may not be harassment, they may have an informal discussion with one of the appointed Complaints
Officers. The Complaints Officer will explain your rights and options and try to assist you to resolve the matter
without the need for a formal complaint being made. It could be possible at this stage to resolve the perceived
problem. It is possible that the alleged harasser is not even aware that his/her behaviour is considered as
unacceptable and this could, for example, be addressed by a meeting between the parties. An informal
complaint will not, however, necessarily result in a formal investigation or determination of the matter.
Formal complaint: After discussing the matter with a Complaints Officer, or if the complainant prefers to
proceed directly to a formal complaint, the complainant may submit a formal complaint to the Complaints
Officer. The complainant may complete the complaints form without assistance or, alternatively, the
Complaints Officer can assist the complainant with the completion of the form to ensure that all details are
correct. A formal complaint will be processed discreetly and quickly with procedural fairness. This will usually
involve notifying the person accused of the complaint detailed on the complaint form and interviewing the
complainant, the alleged perpetrator and any witnesses. If, after due investigation, the facts show that you
have been discriminated against, bullied or harassed, steps will be taken to stop the discrimination, bullying or
harassment. In some cases, the unwelcome behaviour may be unfair but not against the law. In some cases, it
may not be possible to substantiate the complaint. In all cases your complaint will be treated seriously and will
be thoroughly investigated and the outcome explained to you.

Where appropriate, the Complaints Officer may discuss with both the complainant and the alleged perpetrator the
most appropriate course of action that might be taken after all the information has been considered to resolve the
complaint and to restore a satisfactory working relationship between the parties.
`

Complainants should be aware that they can withdraw a complaint at any time after it has been lodged, however,
MBT and its Complaints Officers reserve their rights to pursue complaints further if they have a duty to do so.

As part of the complaint handling procedure, it will be necessary for the Complaints Officer handling the case to
form an opinion as to whether a complaint has been substantiated. If this is the case and the complaint is upheld,
the level of disciplinary action will depend on the seriousness of the issue, whether there have been previous
incidents and whether there are mitigating circumstances. The resultant disciplinary action might include a written
apology, counselling, issuing an official warning, demotion or dismissal.
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Section 16: GRIEVANCES AND DISPUTES PROCEDURE

In any organisation, grievances or dissatisfaction can occur. If these situations go unchecked they can cause or result
in unnecessary friction, unhappiness or lower morale. This procedure gives all employees a mechanism for reporting
and resolving complaints or issues.

In the event of a grievance or dispute (other than a complaint of harassment, victimisation, bullying or discrimination
for which there is a separate process to follow), the following procedure should be followed, subject to any other
requirements under an applicable award:

Try and resolve the matter with the employee concerned;

If you are unable to discuss or feel uncomfortable discussing the matter with the employee concerned, discuss
with your Manager/Supervisor;
If the matter is not settled, you should discuss your concern with the Dealer Principal;
If the issue is still not settled, you should request a meeting with the Human Resources Manager. It is
recommended that you record the complaint in writing, supported by facts;
If the matter remains unresolved, you may refer the matter to an appropriate outside agency for the purposes
of conciliation and mediation i.e. Fair Work Commission.

In dealing with any complaint lodged, MBT will act fairly and attempt to resolve the issue as quickly as possible.

Until the matter is determined, work must continue as directed by management. No party shall be prejudiced as to
the final settlement by the continuation of work in accordance with this procedure.

Confidentiality must be respected by all parties to the grievance. Parties may be called by MBT to present their
cases and therefore, employees involved in this process should keep detailed notes in writing of all aspects and
stages of the complaint or grievance.

The parties must co-operate to ensure that these procedures are carried out expeditiously.
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Section 17: DISCIPLINARY PROCEDURE

This procedure is to deal with employee misconduct or unsatisfactory behaviour. MBT will in most cases follow a
three warning procedure. MBT does, however, reserve its right to either issue a first and final warning or
summarily dismiss in instances where that course of action is warranted. In such cases, MBT will set out its position
and the reasons for adopting such a course of action.

Warning Procedure

First Warning: Verbal. MBT, through the employees Manager/Supervisor or other authorised representative, will
make clear the nature of the conduct issue or unsatisfactory behaviour that may lead to dismissal and what MBTs
expectations are in this area. A record of this verbal warning is kept on the personnel file of the individual to whom
it is directed.

Second Warning: Written. If the conduct issue or unsatisfactory behaviour persists or is repeated, a formal written
warning will be issued and a copy placed on the employees personnel file. This warning will specify the conduct
issue or unsatisfactory behaviour, the standard of conduct or behaviour that MBT requires and, if appropriate, by
when it requires the employee to demonstrate such conduct or behaviour. If appropriate, a review date will be set
to review progress. The employee will be asked for comments and input and this will be recorded on the warning
document. Where reasonable and required, assistance will be given by MBT to help the employee achieve the
desired outcome.

Final Warning: Written. If the conduct issue or unsatisfactory behaviour continues or is again repeated, a second
formal written warning will be issued and placed on the employees personnel file. The warning will contain the
same detail as the first written warning as well as comments as to why it is the view of your Manager/Supervisor
that the conduct or behaviour has not shown the required level of improvement. If appropriate, a review date will
be set to check progress. This warning will state that this is the final warning and the employee must understand
that if there is no improvement or the behaviour or conduct continues or is repeated, their employment may be
terminated.
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Unlawful Conduct Behaviour

If in the opinion of a Dealer Principal or Manager/Supervisor any employee has engaged in conduct that MBT
believes to be unlawful, the matter will be referred to the relevant authorities for investigation. This behaviour
includes but is not limited to:

Suspicion of theft of property;

Fraud or misrepresentation;
Falsification or unauthorised alteration of any MBT documentation;
Activity that may bring the reputation of MBT into disrepute.

The employee concerned may be suspended on full pay immediately pending investigation and will be advised how
long it is expected that the suspension will be effective and what further action will be taken. If the claim proves to
be unfounded, the employees suspension will be lifted. Alternatively, appropriate action will be taken in terms of
MBTs Disciplinary Procedure.

It must be stressed that while MBT might conceivably appear to benefit from the unlawful activity, such activity is
nevertheless totally unacceptable. The MBT Procedure is very clear on this issue - it is of no relevance that MBT
might benefit.
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Section 18: PERFORMANCE MANAGEMENT AND REVIEW

Every individual is responsible for the success of their own career. MBT aims to manage employees performance via
an Objective Setting and Review process and where necessary, the Managing Unsatisfactory Performance process.

The objective of these processes is to assist employees of MBT to achieve their full potential in the workplace. MBT
will work with its employees to develop their skills and optimise their performance.

Objective Setting and Review Process

The Objective Setting and Review process is a regular process of setting individual employee objectives and
reviewing each employees performance against those objectives. All MBT employees participate in this process.

How are objectives set?

Your Manager/Supervisor will meet with you to identify targets and other performance objectives for the financial
year or part thereof. These will be recorded on your Performance and Development review. No performance
assessment is conducted during this review.

What happens during the review process?

You will be asked to give an opinion on how you think you have performed in your areas of responsibility and your
Manager/Supervisor will present their assessment of your performance against the same standards. You will be
given every opportunity to explain any below standard performance and, if you disagree with the assessment, why.
All facts will be considered and issues of importance can be noted on the Performance and Development reviews. A
plan of action will be set to address areas of below standard performance. This might include training as considered
appropriate. Targets and achievements will be set with appropriate timeframes so that you can assess your level of
performance improvement. You will be advised of what further action might be taken if, at the next review, should
there have not been the expected level of performance improvement.

Managing Unsatisfactory Performance Process

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The Managing Unsatisfactory Performance (MUP) process operates separately, and is in addition, to the Objective
Setting and Review process.

The purpose of the MUP process is to provide an issue-responsive process (as distinct from the scheduled Objective
Setting and Review process) to assist employees to identify and address specific issues of individual
underperformance if and when they arise.

What is unsatisfactory performance and underperformance?

Unsatisfactory performance and underperformance includes, but is not limited to:

consistently failing to meet normal workloads (low volume);

consistently failing to complete work in a timely manner;
presenting incomplete or poor quality work;
making serious or repeated mistakes or errors in assigned tasks;
failing to apply required work procedures and processes in the performance of work;
failing to perform aspects of the job;
consistently failing to satisfy the required standards of MBT;
failing to address regular or repeated employee, client or peer reports of poor performance;
persistent unproductive behaviour.

What is the procedure?

In most cases, the employee's Manager/Supervisor will carry out the MUP process. However, MBT may nominate
another Manager/Supervisor to carry out any of the tasks of the Manager/Supervisor under this procedure.

Initial Counselling

The MUP process usually commences with the employees Manager/Supervisor inviting the employee to meet to
discuss the employees underperformance. However, the process may also arise as a result of a weakness identified
in the course of the Objective Setting and Review process.
`
During the discussion, the employees Manager/Supervisor will:

clearly state MBTs requirements for the employees performance;

clearly set out how the employees performance is failing to meet those requirements;
encourage the employee to respond to the above issues and to discuss any factors affecting their performance
(such as contributing factors in the workplace);
discuss with the employee the required improvements in performance and any actions that will be taken to
assist the employee to achieve the performance requirements;
set a date for review of the employees progress. The appropriate review meeting date will depend upon the
specific circumstances. However, as a general guide, the review date should usually be within four weeks of the
initial performance discussion;
the Manager/Supervisor will prepare a Performance and Development review including any notes documenting
the discussion, and provide a copy of this document to the employee for signature and/or comment.

Review meeting

At a review meeting, the employees progress will be discussed. The process will be similar to the review process
described under the Objective Setting and Review Process.

If the Manager/Supervisor is satisfied that the required performance improvement has been achieved and will be
maintained, this will be recorded in writing and no further action will be taken.

If the Manager/Supervisor is not satisfied with the employees progress, or if the employees performance has been
assessed as unsatisfactory during the scheduled Objective Setting and Review process, the employee will again be:

clearly advised of MBTs requirements for the employees performance;

clearly advised of how the employees performance continues to fail to meet those requirements;
encouraged to respond to the above issues and to discuss any factors affecting their performance (such as
contributing factors in the workplace);
advised of the required improvements in performance and any actions that will be taken to assist the employee
to achieve the performance requirements;
advised of dates for further review of the employees progress. The appropriate dates for review will depend
upon the specific circumstances and will be discussed with the employee.

The performance plan will usually require the employee to demonstrate sustained satisfactory performance. The
employee will also be advised at this stage that any further failure to demonstrate sustained satisfactory
performance may result in termination of employment.

A Revised Performance and Development review will be prepared reflecting the above information. A copy of the
revised Performance and Development review including any notes recording the review meeting discussion will be
provided to the employee for signature and/or comment and placed on the employees personnel file.
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Further review meetings

The employees Manager/Supervisor will hold regular review meetings with the employee in accordance with the
revised Performance and Development review to monitor the employees progress.

The purpose of the review meeting is to assess how the employee is performing in relation to the revised
Performance and Development review, to offer assistance and advice and to take any corrective action necessary to
ensure that the employee understands what is required by each aspect of the performance improvement plan.

The employees Manager/Supervisor must prepare a written summary of issues discussed at each review meeting
and provide the employee with a copy.

The employee must note comments and/or sign the summary and return it to the Manager. After being signed by
the employee, the summary will be attached to the employees personnel file.

Consequences of failure to demonstrate improvement

Disciplinary action up to and including termination of employment will be considered where an employees
performance does not meet MBTs performance requirements despite the provision of reasonable assistance in
accordance with this procedure.
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Section 19: TERMINATION PROCEDURE

Termination of employment can arise in various ways - voluntarily through resignation or involuntarily for a number
of reasons, including (but not limited to) redundancy or business restructuring, underperformance, misconduct or
incapacity.

Notice Period

Termination of employment by either party will require the Period of Notice as outlined in the table below:

Period of Completed Service by Employees Period of Notice

Less than 1 year 1 week

1 Year and up to completion of 3 years 2 weeks

3 Years and up to completion of 5 years 3 weeks

5 Years and over 4 weeks

Employees over the age of 45 years who have completed two or more years service at the time of being given
notice are entitled to an additional weeks notice.

The above table will not apply in the following circumstances:

For casual employees, whose employment may be terminated on 1 hours notice or payment in lieu;
Where a contract of employment, entered into between MBT and an employee, provides for a longer period of
notice than prescribed by the table above;
An employee can be instantly or summarily dismissed without notice on the grounds of serious misconduct such
that it would be unreasonable for MBT to continue the employment for the length of the applicable notice
period (see Instant Dismissal section below).
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Approaches to Employees or Customers of MBT

After terminating your employment with MBT you may not, whether directly or indirectly, approach customers or
employees of MBT with the intention of soliciting their custom or enticing them away.

Final Payment

At termination you will receive:

unpaid wages up to the time of termination, less any amount due to MBT for an unpaid debt of any nature;
the appropriate number of weeks notice or payment in lieu of notice;
payment of accrued and unused annual leave up to the date of termination;
payment of any Long Service Leave not taken that is due to you under an applicable award or legislation;
a statement of wages on termination;
a statement of the reasons of termination if summarily dismissed;
your final pay will be paid into your bank account in the week following your termination;
prior to completing your employment with MBT, any outstanding expense claims must be submitted for
approval. No expenses will be accepted for reimbursement after your final day of employment with MBT,
except by prior arrangement with MBT Management.

Superannuation

The Pay Administrator will advise the appropriate Superannuation Fund that you are leaving MBT. The Fund will ask
for your nomination as to what you want done with any Fund balance. You should complete any forms received and
return them to the Fund without delay.

Resignation

All employees wishing to resign from their employment with MBT must do so in writing giving the required notice in
accordance with the legislation or applicable award. A copy of the applicable award is available upon request from
the Pay Administrator.

Resignation letters should be addressed to your immediate Supervisor/Manager. The resignation letter, once signed
by the employee to whom it was addressed, will be forwarded to the Pay Administrator.

If the appropriate notice of resignation is not given, MBT reserves the right to deduct the equivalent pay from your
final pay.
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References

MBT does not provide written references. A statement of service will be issued on request. The original will be
given to the employee on termination and a copy will be placed in the employees personnel file.

Instant Dismissal

Instant dismissal can occur on grounds including, but not limited to:

Serious misconduct: Wilful deliberate behaviour by an employee that is inconsistent with the continuation of
the contract of employment;
Health and safety danger: Conduct that causes imminent and serious risk to the health and safety of any
employee or the reputation, viability or profitability of MBT;
Criminal actions: The employee in the course of employment engages in theft, fraud or assault;
Intoxication: Being or appearing to be intoxicated at work either by alcohol or non-prescribed drugs or impaired
that the employee is unfit to be entrusted with that employees duty or with any duty that the employee may
be called upon to perform;
Refusing to carry out a lawful and reasonable instruction from MBT (including a MBT Manager);
Falsifying information or purposely supplying misleading information on your job application or resume;
Aiding or supplying competitors or other third parties with strategic or confidential information that has the
potential to be damaging to MBT;
Refusing to comply with MBT policies and procedures as set out in this Guide and as amended from time to
time;
Non-compliance with MBTs Sexual Harassment, Discrimination, Bullying, Victimisation and Equal Opportunity
Policies.

Exit Interview

All employees who resign from MBT will be subject to an exit interview. The interview will be conducted by a
Departmental Manager, other than the employees Departmental Manager, during the final week of the employees
period of employment with MBT. An exit interview form will be completed, signed by the terminating employee and
the Department Manager present, sent to the Pay Administrator and placed on the employees personnel file.

During this exit interview you are encouraged to be honest and frank but constructive. We value feedback and will
endeavour to use it to improve our employment practices and work environment.
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Other IT Termination Procedures

If the employee used any of the business Information Technology Systems, including specialist applications for
communicating with outside parties, the employees access passwords for the network and all applications will be
cancelled immediately by the IT department. The Pay Administrator must advise the IT department of all
terminations, voluntary or otherwise.

If the employee had an official e-mail address, the address must be pointed to that of another employee nominated
by the Department Manager. This address will remain active for as short a period as possible but no longer than
three months.

If the employee had e-mail addressed to them through a website that allowed mail to be generated by visitors to the
site, the e-mail function on that site must be updated. This will be coordinated through the IT department. The
terminated employees Manager/Supervisor must advise the IT Department of the employee to whom the mail
should be re-addressed.

MBT Property

All property that has been issued to an employee must be returned to MBT on termination of employment in good
order. All MBT procedures, work papers, strategy documentation, product and training handouts and workbooks
remain the property of MBT.

If you had the use of an MBT vehicle, the vehicle together with all keys, e-tags, fuel keys, fuel cards must be returned
and be checked by your Manager/Supervisor.

Other assets that might have been allocated to you or that might be in your possession that must be returned will
include:

Keys to the dealership and alarm codes;

Mobile phone;
Customer lists;
Laptop computer;
Uniforms.
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Any outstanding employees debtor or loan account balance must be repaid in full. If appropriate, arrangements can
be made to have the balance deducted from the final pay, providing there are sufficient funds and you have given
the required authorisation.

In the event that you make use of a personal electronic device that is capable of storing MBT information and is
connected to a MBT PC, this device must be checked by the IT department to ensure that all MBT information has
been deleted. All MBT related information stored on your personal hard drives or electronic storage systems (e.g. e-
mail) must also be deleted.

Any material or computer software developed by MBT for the use of its business remains the intellectual property of
MBT and may not be removed from MBT in any format.
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Section 20: REDUNDANCY

In simple terms, redundancy arises where an employer no longer requires an employees role to be performed by
anybody. Redundancy of an employees role can result in dismissal of that employee.

This can occur for a number of reasons, including (but not limited to) a reduction in the level of business being done
by the organisation, the introduction of new systems including certain levels of job-automation or the disposal of a
part of the business. As a result of these situations, MBT may be faced with the difficult task of deciding which
positions will remain with MBT, which positions will be made redundant and which employees employment will be
terminated.

As soon as possible after a definite decision has been made as to which areas of the business will be affected,
discussions will take place with the affected employees. At this time, relevant information will be provided to the
affected employees regarding the decision and its impact upon the employees.

The period of notice of termination is as set out in the table in Section 21 (under Notice Period).

In addition to the prescribed period of notice, an employee who is made redundant is entitled to the following
amounts of severance pay:

Period of Completed Service by Employees Severance Pay

Less than 1 Completed Year Nil

At least 1 but less than 2 Completed Years 4 weeks pay

At least 2 but less than 3 Completed Years 6 weeks pay

At least 3 but less than 4 Completed Years 7 weeks pay

At least 4 but less than 5 Completed Years 8 weeks pay

At least 5 but less than 6 Completed Years 10 weeks pay

At least 6 but less than 7 Completed Years 11 weeks pay

At least 7 but less than 8 Completed Years 13 weeks pay

At least 8 but less than 9 Completed Years 14 weeks pay

At least 9 but less than 10 Completed Years 16 weeks pay

At least 10 Completed Years 12 weeks pay

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For the purpose of calculating years of service for any section of this Guide, continuous years of service with MBT
will include continuous years of service by employees with businesses that have been acquired by MBT, providing
that the employee transferred from the business that was acquired to MBT within three months of the termination
of that employees employment with the acquired business and the other requirements pursuant to section 22 of
the Fair Work Act 2009 (Cth) in relation to recognition of service in circumstances of transfer of employment are
met.
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Section 21: PRIVACY

MBT abides by the National Privacy Principals (NPPs) set out in the Privacy Act 1988 (Cth) when dealing with
employees personnel information. Our policies regarding the use of customer information are published at each
workplace and on our Dealership Websites.

While employee records are exempt, we will make every effort to keep information that we collect from you
confidential. Employee information collected by MBT that forms part of your employment records will be used for
employment purposes only. No information will be disclosed to any third party without your express prior approval.

Your employee personnel file will usually contain:

Your application for employment, together with a copy of your rsum;

Documentation to support formal qualifications;

An offer of employment that you will have signed;
The signed declaration accepting the terms of this Guide and the Health and Safety Handbook;
Employee personnel details that might be required that has not been supplied in any of the documentation
already mentioned above e.g. right to work in Australia, citizenship status;
Tax File Number declaration;
Banking and Superannuation details;
Warnings that have not yet expired;
Changes in role;
Drivers license;
The authorisation for MBT to obtain a copy of your police record.

Our Payroll system will maintain personnel employment and salary information. This system is subject to security
access.

While every effort is made to ensure that the information about you that we hold is correct, you should advise us of
any errors and changes. You are entitled to ask to see the content of your personnel file but reasonable notice of
this request should be given as files are not necessarily kept at your specific workplace.

Where there are changes in your personnel information, the Pay Administrator should be advised. This is
particularly important if it relates to contacts (including emergency) phone numbers, banking details and your home
address.
`

As stated, we will only disclose information about your employment with MBT with your express prior consent (in
writing). Exceptions to this procedure will be made where the disclosure is required by law or in the case of a
medical emergency.

We will retain your personnel file after your employment with us has been terminated. The file will be kept in a
secure place. The file will be kept for a minimum of 7 years.
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Section 22: CONFIDENTIALITY

Employees have the obligation to maintain complete confidentiality regarding their dealings with MBT and its
customers. That responsibility continues after the termination of your employment.

The following is a non-exhaustive list of the kind of information that may not be disclosed to or discussed with
anybody outside MBT, during and after your employment with MBT:

Financial results including forecasts and budgets;

Marketing strategies and business plans;
Product pricing;
Any contractual relationships that exist with MBT and any of its trading partners (suppliers or customers);
Any information about suppliers or customers;
Intellectual property;
Any processes, programs, designs, methods, concepts or applications of MBT;
Use of computer systems.

The only exceptions are where disclosure is required by law, where the information is lawfully within the public
domain or where consent to disclosure has been obtained in writing from MBT.