Hayes v Murdoch University
[2016] FWC 2286
•21 April 2016
[2016] FWC 2286
DECISION
| Fair Work Act 2009 | |
| s.739—Dispute resolution | |
| Stephen Hayes | |
| v | |
| Murdoch University | |
| (C2015/7506) | |
| COMMISSIONER BISSETT | MELBOURNE, 21 APRIL 2016 |
Alleged dispute about any matters arising under the enterprise agreement – fixed-term
contract – effect of contract extension – point in time to consider conversion request – right to
conversion – application to convert to be considered.
[1] Mr Stephen Hayes is employed by Murdoch University (the University) pursuant to a
fixed-term contract of employment in accordance with the provisions of the Murdoch
University Enterprise Agreement 2014 (2014 Agreement). Mr Hayes applied to the University
in 2015 in accordance with clause 59.5(l) of the 2014 Agreement to have his employment
converted to continuing status. On 15 October 2015 the University advised Mr Hayes that he
had no right of conversion on his current fixed-term contract and his application was therefore
rejected.
[2] Mr Hayes notified a dispute to the Commission about the matter in accordance with
the dispute settlement procedure at clause 109 of the Agreement.
[3] The application was subject to conciliation where it failed to settle. It was heard on 16
March 2016.
[4] Mr Hayes was represented by the National Tertiary Education Industry Union (NTEU)
in proceedings. The University was represented by the Australian Higher Education Industrial
Association (AHEIA).
The 2014 Agreement
[5] The 2014 Agreement sets out a substantial number of grounds on which fixed-term
employment may be offered by the University. Most are not relevant to the matter before the
Commission. Clause 59.5(a)-(l) are set out in full in Attachment A to this decision.
[6] The dispute settlement procedure of the Agreement is not replicated here but there is
no dispute to its operation.
[2016] FWC 2286
Background
[7] Mr Hayes has been employed on series of fixed-term contracts with Murdoch
University since 2012.
1
[8] The first contract commenced on 6 March 2012 and ended on 5 March 2013.
[9] The second contract commenced on 6 March 2013 and ended on 31 December 2013.
The appointment was made pursuant to clause 9.5(c) of the Murdoch University General Staff
2
Agreement 2010 (the 2010 Agreement). Mr Hayes was employed as an Interactive Producer.
[10] The third contract commenced on 1 January 2014 and ended on 31 December 2014. It
was in the same position of Interactive Producer and the offer was made pursuant to clause
3
59.2(a) of the 2010 Agreement.
[11] The fourth contract commenced on 1 January 2015 and concluded on 31 December
2015, again in the position of Interactive Producer. This position was offered pursuant to
4
clause 59.5A (sic) of the 2014 Agreement.
[12] On 18 September 2016 Mr Hayes made his application for conversion. On 15 October
5
2015 the application was refused.
6
| [13] | On 27 August 2015 Mr Hayes received an extension | (the first extension) to his fourth |
contract. That letter said:
Your current contract of employment as Interactive Producer ends on 31 December
th
2015. This letter confirms that your fixed-term contract will be extended until 12
February 2016 to accommodate the recruitment activities and outcomes of the
7
Development & Communications Restructure.
[14] Mr Hayes indicated that he accepted the offer on 9 September 2015.
[15] On 1 December 2015 Mr Murdoch received a further extension (the second extension)
to his already extended contract. That letter said:
th
Your current contract of employment as Interactive Producer ends on 12 February 2016. This letter confirms that your fixed term contract will be extended until 13 May
2016 to accommodate the recruitment activities and outcomes of the Development &
8
Communications Restructure.
[16] Mr Hayes indicated on 12 December 2015 that he accepted this extension.
Evidence
[17] Evidence was given in the proceedings by Mr Martin Braithwaite, Senior State
Organiser for the NTEU, Mr Stephen Hayes and Mr Brendan Cusack, Manager Industrial
Relations and Equal Opportunity for the University.
[2016] FWC 2286
[18] Mr Braithwaite gave evidence with respect to his role as a member of the NTEU team
negotiating the 2014 Agreement. He agreed in cross-examination that his view as to the
operation of conversion under clause 59.5 of the 2014 Agreement is the NTEU view of that
clause.
[19] Mr Hayes gave evidence as to his initial application for a fixed-term position at the
University and the subsequent fixed-term contracts he signed.
[20] Mr Cusack gave evidence that a consultation paper with respect to the Directorate of
9
| Development and Communications was distributed internally in August 2015, | a Summary of |
10
| Feedback on that consultation paper (undated) was distributed, | a further consultation paper |
#2 with respect to the Directorate of Development and Communications was distributed
11
| internally in October 2015 | and a Summary of Feedback #2 (undated) distributed in relation |
| 12 | |
| to the consultation paper #2. |
[21] Mr Cusack gave evidence that the change management process referred to in the first
and second extensions commenced in August 2015 and is identified by the communication
and feedback papers. This process is continuing with some senior appointments having been
recently made but the occupants needing to take up these positions to allow the remainder of
the restructure to occur.
[22] Mr Cusack gave evidence that the role of HR when an application for conversion is
received, is to assess eligibility for conversion. He said that, even if a person is not eligible,
HR will, for completeness, assess that application against the criteria in clause 59.5(l).
[23] Mr Cusack said that about 20 applications for conversion are received each year and
less than half of these are successful.
[24] Mr Cusack said that a person offered fixed-term employment under clause 59.5(a) has
no right to conversion, while a person offered fixed-term employment under clause 59.5(h) is
eligible to apply for conversion if they meet the criteria in clauses 59.5(h) and (l). He says that
the ‘offer’ of employment as mentioned in clause 59.5(h)(i) in fact means conversion to
continuing employment, subject to the requirements of the clause, with the University having
no right to refuse such conversion.
Submissions
National Tertiary Education Industry Union
[25] The NTEU submits that the right to conversion from fixed-term employment to
continuing employment exists under clause 59.5(a) of the 2014 Agreement. It submits that a
‘conversion’ process is different to an offer (and acceptance) of employment.
[26] The NTEU says that an application for conversion must be considered at a point in
time and the contract that must be considered in relation to Mr Hayes’ conversion application
is the contract Mr Hayes was on at the time he made the application. It says that that contract
is the fourth contract which commenced on 1 January 2015 and concluded on 31 December
13
2015. It submits that the first (and second) contract extension has no effect on the fourth
contract until such time as the fourth contract has reached its end point (31 December 2019).
[2016] FWC 2286
At worst it says that the first and second contract extensions do no more than keep ‘alive’ the
fourth contract.
[27] The NTEU submits that it would be erroneous to see the first or second extensions as
new contracts such that they displace the operation of the fourth contract.
[28] The NTEU says that clause 59.5(l) does no more then set out the criteria for
conversion from fixed-term employment for an employee. It says that Mr Hayes was
employed pursuant to clause 59.5(a) and if he meets the criteria in clause 59.5(l) he is entitled
to conversion. Further, it says that the right to convert exists if the criterion in clause 59.5(l) is
satisfied.
[29] The NTEU says it is erroneous of the University to suggest that conversion is only
available under clause 59.5(l) if an employee is employed pursuant to another paragraph in
clause 59.5 that specifically refers to clause 59.5(l). It submits that every paragraph that
specifically mentions sub-clause (l) uses the phrase ‘the employee will be offered continuing
employment’. It says that being offered continuing employment is different to conversion to
continuing employment.
[30] The NTEU submits that, if it was the intention of the University, by virtue of the first
and second extensions, to alter the basis on which Mr Hayes, was employed it was
unconscionable for it to do so without specifically advising Mr Hayes that this was the effect
of the first and second extension.
Murdoch University
[31] The University submits that the conversion process is a two-step process. The first step
requires a consideration of the reason for the fixed-term contract (ie under which paragraph of
clause 59.5 of the 2014 Agreement the fixed-term contract is made) and whether that
paragraph confers a right to conversion. The second step is an assessment of the applicant for
conversion pursuant to the requirements of clause 59.5(l) which specifies conversion criteria.
[32] The University submits that the contract Mr Hayes was on at the time he made his
14
| application for conversion was that indicated by the first contract extension. | This contract, it |
says, was made pursuant to clause 59.5(h) of the 2014 Agreement which deals with
disestablishment of organisational areas. Mr Hayes did not meet the eligibility criteria for
conversion under clause 59.5(h) and hence was not eligible to apply for conversion.
[33] The University acknowledges that the first extension contract does not mention that
the contract is under clause 59.5(h) of the 2014 Agreement but says that the contract was
extended ‘to accommodate the recruitment activities and outcomes of the Development &
Communications Review’ (as does the second extension contract). For this reason it says that
Mr Hayes’ employment at the time he applied for conversion was pursuant to clause 59.5(h)
from the time he accepted the first extension.
[34] In any event, the University says that there is no right to conversion with respect to a
contract made pursuant to clause 59.5(a) so even if this was the contract type he was on he
was not eligible for conversion.
[2016] FWC 2286
Consideration
Jurisdiction
[35] I am satisfied that I have jurisdiction to deal with the matter. Conversion to on-going
employment is a matter arising under the 2014 Agreement and Mr Hayes has been through the
appropriate steps in the dispute settling procedures in an effort to resolve the dispute prior to it
coming before the Commission.
[36] Clause 109 of the 2014 Agreement confers on the Commission the right to arbitrate a
dispute that has not been otherwise resolved by the parties.
The contract extensions
[37] I am satisfied that Mr Hayes signed a contract with the University that commenced on
1 January 2015 and expired on 31 December 2015 (the fourth contract).
[38] The terms of the first extension and the second extension are critical in determining
the effect of those extensions on the fourth contract. The first extension offered to Mr Hayes
stated, in full:
27 August 2015
Mr Stephen Hayes
c/- Development and Communications Office
Murdoch University
Dear Stephen
Extension of Fixed Term Contract
As you are aware, the Development & Communications Office is currently undergoing
a restructure to revitalise and realign the office in support of Murdoch University’s
strategic goals.
Your current contract of employment as Interactive Producer ends on 31 December
th
2015. This letter confirms that you fixed term contract will be extended until 12
February 2016 to accommodate the recruitment activities and outcomes of the
15
Development & Communications Restructure.
Should you have any queries, please contact […]. Thank you for your continued
support to Murdoch University.
(signed)
Senior Human Resources Advisor
[39] This extension was accepted by Mr Hayes on 9 September 2015.
[2016] FWC 2286
[40] The second extension is worded in identical terms with the relevant dates changed and
was accepted by Mr Hayes on 9 December 2015.
[41] Neither of these contract extensions, on their own words, suggests that it is a new
contract, or that the effect of signing the extension was an agreement by Mr Hayes to
terminate the fourth contract or that it created a contract whereby Mr Hayes’ employment was
now subject to clause 59.5(l) of the 2014 Agreement.
[42] Each of these extensions was headed ‘extension of fixed-term contract’ and contained
a provision which read ‘your fixed-term contract will be extended until…’ The text does not
allow a conclusion to be drawn that the intended effect of the first or second extension was to
terminate the fourth contract. It is reasonable in these circumstances that Mr Murdoch
accepted these extensions as just that – extensions that operated on his existing fixed-term
contract (the fourth contract).
[43] My conclusion is supported by the fact that the first and second extensions do not
resemble the standard contracts offered to and accepted by Mr Hayes over a four year period.
On this basis it could not be expected that Mr Hayes would understand that what he was
signing was a new contract that would void the fourth contract and that this new contract was
made pursuant to clause 59.5(h) of the 2014 Agreement.
[44] It is also difficult to reconcile the wording of the first and second extensions as a
variation to the fourth contract beyond the end date of the contract such that either could be
read to have changed the basis of employment from clause 59.5(a) to 59.5(h) of the 2014
Agreement. Mr Hayes could not have drawn such a conclusion from the words of the first or
second extension.
[45] The extent that the first and second extension operated on the fourth contract was no
more than to alter the expiration date of the fourth contract to 12 February 2016 and then 13
May 2016.
[46] If it was the intention to alter the basis upon which Mr Hayes was employed it is
incumbent upon the University to be clear that this was its intent. If it was the intent of the
University to terminate the fourth contract and replace it with a new contract it was incumbent
upon the University to be clear that this was its intent. It did neither.
[47] For these reasons I am satisfied that at the time Mr Hayes made his application for
conversion to continuing employment, he was employed on a fixed-term contract pursuant to
clause 59.5(a) of the 2014 Agreement.
[48] That Mr Hayes signed the second extension before the first extension had commenced
on 1 January 2016 has no effect on my finding.
[49] As an observation I would note that if it was the intention of the University to alter Mr
Hayes’ contract such that he should be working pursuant to clause 59.5(h) of the 2014
Agreement what it needed to put to him was a variation to his contract which clearly indicated
how it had been varied (ie that it was now pursuant to clause 59.5(h)) and the date the varied
contract would have effect. This is a basic of contract management. It did not occur in this
case.
[2016] FWC 2286
Could Mr Hayes apply for conversion if he was employed pursuant to clause 59.5(a)
[50] The University submits that conversion is only possible if a fixed-term employee is
employed pursuant to a paragraph of clause 59.5 that specifically mentions the conversion
provisions in clause 59.5(l).
[51] Clause 59.5(l) sets out a number of criteria which must be met for a fixed-term
employee to be eligible for conversion to continuing employment. These include that the
employee gained the position through a merit selection process and that they had been in the
role for a minimum of two years.
[52] Each of the paragraphs in clause 59.5 that specifically refer to clause 59.5(l) have
additional criteria for conversion in addition to that in clause 59.5(l), in particular all bar one
specifically requires that the occupant has been in the position for more than three years:
(h) Disestablished organisational area An organisational area that is performing one or more functions or teaching
one or more courses which will cease within a reasonably certain time, or
where a formal review is under way which may result in this outcome.
(i) Where part or all of an organisational unit is to be
disestablished, staff may be employed on a fixed-term contract
of up to three (3) years.
If at the end of three (3) years, the work is considered to be on-
going, and the employee meets the criteria in paragraph 59.5(l),
he/she will be offered continuing employment…
…If at the end of the formal review the organisational area is not to be
disestablished and the work is considered to be on-going, the employee will be
offered continuing employment subject to the criteria listed in paragraph 59.5.
(l). If at the end of the formal review the organisational area is to be
disestablished then the employee may be employed on a further fixed-term
contract of up to three years. If at the end of 3 years, the work is considered to
be on-going, the employee shall be offered continuing employment subject to
the criteria listed in paragraph 59.4(l). (sic)
(i) Unanticipated increase in enrolments
Where there is a sudden unanticipated or temporary increase in
enrolments, fixed-term contract employment may be used for
up to three years. If at the end of three years, the work is
considered to be on-going, the employee will be offered
continuing employment subject to the criteria listed in
paragraph 59.5(l).
(j) Substantial decrease in enrolments
[2016] FWC 2286
…in the period leading up to the decrease in enrolments, to
cover work of a type that could reasonably be expected to be
affected by the decrease in enrolments, fixed-term contract
employment may be used for up to three (3) years. There needs
to be a link between the number of contracts issued and the
area(s) of forecast enrolment decrease. If at the end of three (3)
years, the work is considered to be on-going, the employee will
be offered continuing employment subject to the criteria listed
in paragraph 59.5(l).
[underlining added]
[53] That is, each of these references to clause 59.5(l) actually alters one of the criterion in
that an employee must be employed for three years on a fixed-term contract and not the two
years specified in clause 59.5(l). The effect of each paragraph is to alter the general operation
of the clause.
[54] The exception to this is:
(g) New organisational area In the case of employment in a new organisational area about which there is
genuine uncertainty as to whether it will continue, for three (3) years from the
establishment of any such area.
If it becomes certain that the organisational area will continue, and the
employee meets the criteria in paragraph 59.4(l) (sic), he/she will be offered
continuing employment.
[55] In the case of paragraph (g) it does provide latitude to extend what would otherwise be
a two year criteria to three years.
[56] If the University is correct and a fixed-term employee only has access to conversion if
the paragraph they are employed pursuant to references clause 59.5(l), it is not clear why
clause 59.5(l) sets a general employment period of two years when the only time conversion
could be considered for an employment period of less than three years is if a new
organisational area gains some certainty. In every other circumstance, on the University’s
submission, a person must be employed for three years to access clause 59.5(l) conversion.
[57] The very narrow work this construction gives the two year employment period to do
under clause 59.5(l) in these circumstances suggests that clause 59.5(l) has broader
application than suggested by the University.
[58] Further, the wording of clause 59.5(l) does not suggest its application is limited to
circumstances where it is referenced in other paragraphs. It says that an employee will have
their employment converted from fixed-term to on-going where the criteria are satisfied. It
does not qualify this right as applying only to paragraphs that mention clause 59.5(l).
[2016] FWC 2286
[59] The words in clause 59.5 strongly suggest that the purpose of the clause as a whole is
to minimise the use of fixed-term contracts within the University and maximise continuing
employment. The introductory words of the clause are:
The use of fixed-term employment must be limited to the employment of an employee
engaged on work activity that comes within the description of one or more of the
following circumstances…
[60] Further, paragraph (k) allows for the University and the NTEU to agree on other
specific circumstances, in addition to those in clause 59.5(a)-(j) where fixed-term contracts
may be appropriate despite the desirability of maximising the number of employees in
continuing employment.
[61] It seems to me that the purpose of clause 59.5 would be defeated if it could be that
employees employed on fixed-term contracts could be so employed indefinitely with no
recourse to the right to apply for conversion, particularly when employed on a specific task or
project (paragraph (a)) or in research-only functions (paragraph (b)). In the context of the
clause this makes no sense.
[62] For these reasons I am satisfied that clause 59.5(l) does no more than set the grounds
on which conversion from fixed-term employment to continuing employment will be
assessed, subject to any additional requirements in the specific paragraphs of clause 59.5. If a
paragraph in clause 59.5 contains no other limitations an application for conversion must be
considered against the criteria in clause 59.5(l).
[63] It may well be that clause 59.5 could be better worded. It would however need to be
quite differently worded if, contextually, the intent was never to allow a person employed
pursuant to clause 59.5(a) apply for conversion to continuing employment.
[64] Mr Hayes was employed pursuant to clause 59.5(a) – specific task or project. He was
employed on the ‘specific task or project’ for four years. In my view it is just this type of
employment practice that the conversion provisions were designed to address.
Is an application for conversion a ‘point in time’ matter?
[65] There is nothing in clause 59.5 that suggests that any application for conversion should
import some consideration of future needs except to the extent that it may be ‘[a]ny other item
put forward by the employee’s supervisor that warrants consideration’ although the University
should be cautious not to use such wording as a means of defeating the intent of clause 59.5
as a whole. It would appear that this gives broad discretion to a supervisor to put any range of
relevant matters forward that should be considered in determining conversion. A
consideration for any application for conversion cannot be considered in a vacuum.
Conclusion
[66] Having considered the provisions of the Agreement, the terms of Mr Hayes’ contract
and the contract extensions I am satisfied that Mr Hayes has the ability to make an application
for conversion to continuing employment pursuant to clause 59.5(l) of the Agreement.
[2016] FWC 2286
[67] Mr Hayes’ application should be considered at the time he made the application and
pursuant to the terms of the contract he was on at that time that is, the fourth contract.
[68] In considering the application by Mr Hayes, Mr Hayes should not be disadvantaged by
the delay in having the application properly considered in accordance with the terms of the
Agreement.
COMMISSIONER
| Appearances: |
| G Walsh and A Cousner for the applicant. |
| B Cusack and B Rance for the respondent. |
| Hearing details: |
| 2016. |
| Melbourne: |
| 16 March 2016. |
[2016] FWC 2286
Attachment A
| 59.5 | Limitation on use of fixed term employment |
| The use of fixed-term employment must be limited to the employment of an employee | |
| engaged on work activity that comes within the description of one or more of the | |
| following circumstances: |
(a) Specific task or project Specific task or project means a definable work activity which has a starting time and
which is expected to be completed within an anticipated timeframe; it will also include
a period of employment provided for from identifiable funding external to the
employer, not being funding that is part of an operating grant from government or
funding comprised of payments of fees made by or on behalf of students.
(b) Research Research means work activity by a person engaged on research-only functions.
(c) Replacement employee Replacement employee means an employee engaged on a fixed-term contract of not
more than two (2) years who is:
(i) employed to replace an employee for a definable period for which the latter is either on authorised leave of absence or is temporarily seconded away from
her/his usual work area; or
(ii) performing the duties of:
a vacant position for which the employer has made a definite decision to fill; or
a position the normal occupant of which is performing higher duties.
(d) Pre-retirement contract Where a full-time or a part-time employee declares that it is his/her intention to retire.
(e) Fixed-term contract employment subsidiary to studentship Where a person is enrolled as student provided that:
(i) such fixed-term contract employment will be for a period that does not extend beyond, or that expires at the end of, the calendar year in which the person
ceases to be a student; and
[2016] FWC 2286
(ii) that an offer of fixed-term employment under this paragraph must not be made on the condition that the person offered the employment undertake the
studentship.
(f) Recent professional practice required Where a curriculum in professional or vocational education requires that work be
undertaken by a person to be engaged who has recent practical or commercial
experience. For the purpose of this paragraph, practical or commercial practice will be
considered as “recent” when it has occurred in the preceding two years.
(g) New organisational area In the case of employment in a new organisational area about which there is genuine
uncertainty as to whether it will continue, for three (3) years from the establishment of
any such area
If it becomes certain that the organisational area will continue, and the employee
meets the criteria in paragraph 59.4(l), he/she will be offered continuing employment.
(h) Disestablished organisational area An organisational area that is performing one or more functions or teaching one or
more courses which will cease within a reasonably certain time, or where a formal
review is under way which may result in this outcome.
(i) Where part or all of an organisational unit is to be disestablished, staff
may be employed on a fixed-term contract of up to three (3) years.
If at the end of three (3) years, the work is considered to be on-going,
and the employee meets the criteria in paragraph 59.5(l), he/she will be
offered continuing employment.
(iii) In circumstances where a formal review is under way, staff may be employed
on a 12 month fixed-term contract. Where the formal review has not been
completed prior to the expiry of the 12 month period, the employee will be
given further employment on a fixed-term basis for a further 12 months.
If at the end of the formal review the organisational area is not to be disestablished and
the work is considered to be on-going, the employee will be offered continuing
employment subject to the criteria listed in paragraph 59.5 (l). If at the end of the
formal review the organisational area is to be disestablished then the employee may be
employed on a further fixed-term contract of up to three years. If at the end of 3 years,
the work is considered to be on-going, the employee shall be offered continuing
employment subject to the criteria listed in paragraph 59.4(l).
A list of contracts issued in this category, including information as to the area of
appointment, will be provided to the Professional Staff Consultative Group.
(i) Unanticipated increase in enrolments
[2016] FWC 2286
Where there is a sudden unanticipated or temporary increase in enrolments, fixed-term
contract employment may be used for up to three years. If at the end of three years, the
work is considered to be on-going, the employee will be offered continuing
employment subject to the criteria listed in paragraph 59.5(l). A list of contracts issued
in this category, including information as to the area of appointment, will be provided
to the Professional Staff Consultative Group on an annual basis.
(j) Substantial decrease in enrolments Where there is a reasonable expectation based on data available at the time that there
is a significant risk of a decrease in enrolments that is likely to require a reduction in
future staff numbers, and there is a need, in the period leading up to the decrease in
enrolments, to cover work of a type that could reasonably be expected to be affected
by the decrease in enrolments, fixed-term contract employment may be used for up to
three (3) years. There needs to be a link between the number of contracts issued and
the area(s) of forecast enrolment decrease. If at the end of three (3) years, the work is
considered to be on-going, the employee will be offered continuing employment
subject to the criteria listed in paragraph 59.5(l). If the University is able to reasonably
justify that risk still exists at the end of the contract, a further contract of up to two (2)
years may be issued. A list of contracts issued in this category, including information
as to the area of appointment, will be provided to the Professional Staff Consultative
Group on an annual basis.
(k) Contracts by agreement The NTEU and the University may agree on any specific circumstances, other than
those specified above, where the use of fixed term contracts may be appropriate
despite the desirability of maximising the number of employees in continuing
employment. Such agreement may be subject to conditions such as the time, location,
duration and number of any contracts. Where agreement is reached, notwithstanding
the other requirements of this clause, fixed term employment is permitted, subject to
any such conditions.
(l) Conversion Criteria An employee will have their employment converted from fixed-term to on-going
where the following criteria are satisfied:
(i) The employee has been appointed to the particular position as the
outcome of a merit selection process for at least one fixed-term
appointment;
(ii) The employee has been in the role for a minimum of two (2) years.
(iii) The employee is not subject of an unsatisfactory work performance
process.
(iv) Any other item put forward by the employee’s supervisor that warrants
consideration…
[2016] FWC 2286
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1
Exhibit MU1, paragraph 5 and exhibit NTEU2, attachment SH1.
2
Exhibit NTEU2, attachment SH2.
3
Exhibit NTEU2, attachment SH3.
4
Exhibit NTEU2, attachment SH4.
5
Exhibit NTEU2, attachment SH5.
6
This is the wording used in the document itself and to a conclusion as to the status of the document.
7
Exhibit MU6.
8
Exhibit MU6.
9
Exhibit MU2.
10
Exhibit MU3.
11
Exhibit MU5.
12
Exhibit MU4.
13
See exhibit NTEU2, attachment SH4 and exhibit MU6.
14
See exhibit NTEU2, attachment SH4 and exhibit MU6.
15
Exhibit MU6.
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