National Code of Practice. The National Code of Practice for the Construction Industry (the code) is applicable to the Temporary Works, Construction Plant and Alliance Works:
(a) we must comply, in the performance of this Agreement, with the requirements of the National Code of Practice for the Construction Industry and the Industry Guidelines for the Workplace Relations and Occupational Health and Safety Components of the Code (the industry guidelines). Copies of the code and the Australian Government Implementation Guidelines for the code and the industry guidelines are available at xxxx://xxx.xxxxxxxxx.xxx.xx;
(b) compliance with the code or the industry guidelines will not relieve us from responsibility to perform this Agreement, or from liability for any Defect in the Temporary Works and Alliance Works arising from compliance with the code or the industry guidelines;
(c) where a change in this Agreement is proposed and that change would affect compliance with the code or the industry guidelines, we must submit a report to the Commonwealth specifying the extent to which our compliance with the code or the industry guidelines will be affected;
(d) we must maintain adequate records of the compliance with the code and industry guidelines by us and our Subcontractors. We must permit the Commonwealth or any person authorised by the Commonwealth, including the Interim Building Industry Taskforce or any successor of it, to have access to our records and to our premises (to inspect and copy records), as is necessary to allow validation of our progress in complying with the code and industry guidelines. We, in all our Subcontracts, must require Subcontractors to maintain and provide access for the Commonwealth or any person authorised by the Commonwealth to the Subcontractor's records and premises to the same extent as required from us by this clause;
(e) if we do not comply with the requirements of the code or the industry guidelines in the performance of this Agreement such that a sanction is applied by the Code Monitoring Group, the Commonwealth, without prejudice to any rights that would otherwise accrue, will be entitled to record that non-compliance and take it into account in the evaluation of any future tenders that may be lodged by us or a related corporation in respect of work for any part of the Commonwealth or its agencies;
(f) we must not appoint a Subcontractor, consultant or supplier in relation to the Alliance Works where the appointment would breach a sanction imposed by...
National Code of Practice a. The Sub-Contractor must comply with the Code for the Tendering and Performance of Building Work 2016 (Code), copies of which are available at xxxxx://xxx.xxxxxxxxxxx.xxx.xx/Xxxxxxx/X0000X00000.
b. Compliance with the Code shall not relieve the Sub-Contractor from responsibility to perform this Sub-Contract, or from liability for any defects in the Sub-Contract Works arising from compliance with the Code.
c. Where a change in this Sub-Contract or a variation is proposed and that change or variation would affect compliance with the Code, the Sub-Contractor must submit a report to Total specifying the extent to which the Sub-Contractor's compliance with the Code will be affected.
d. The Sub-Contractor must maintain adequate records of compliance with the Code by:
i. the Sub-Contractor; Total representative/ initial Sub-Contractor representative/ initial ii. the secondary subcontractors or suppliers; and
National Code of Practice. 28.1.1. The Contractor must comply with the National Code of Practice for the Construction Industry (Code) and the Australian Government Implementation Guidelines for the National Code of Practice for the Construction Industry (Guidelines), August 2009. Copies of the Code and Guidelines are available at xxx.xxxxx.xxx.xx/xxxxxxxx.
28.1.2. Compliance with the Code and Guidelines shall not relieve the Contractor from responsibility to perform the Contract, or from liability for any defect in the Works arising from compliance with the Code and Guidelines.
28.1.3. Where a change in the Contract is proposed and that change would affect compliance with the Code and the Guidelines, the Contractor must submit a report to the Commonwealth specifying the extent to which the Contractor's compliance with the Code and Guidelines will be affected.
28.1.4. The Contractor shall maintain adequate records of the compliance with the Code and Guidelines by:
a. the Contractor;
b. its subcontractors;
c. consultants; and
d. its related entities (see Guidelines for meaning, including section 3.5 of the Guidelines).
28.1.5. If the Contractor does not comply with the requirements of the Code or the Guidelines in the performance of this Contract such that a sanction is applied by the Minister for Employment and Workplace Relations, the Code Monitoring Group or the Commonwealth, without prejudice to any rights that would otherwise accrue, those parties shall be entitled to record that non-compliance and take it, or require it to be taken, into account in the evaluation of any future tenders that may be lodged by the Contractor or a related entity in respect of work funded by the Commonwealth or its agencies.
28.1.6. While acknowledging that value for money is the core principle underpinning decisions on Government procurement, when assessing tenders, the Contractor may give preference to subcontractors and consultants that have a demonstrated commitment to:
a. adding and/or retaining trainees and apprentices;
b. increasing the participation of women in all aspects of the industry; or
c. promoting employment and training opportunities for Indigenous Australians in regions where significant indigenous populations exist.
28.1.7. The Contractor must not appoint a subcontractor, consultant or material supplier in relation to the Works where:
a. the appointment would breach a sanction imposed by the Minister for Employment and Workplace Relations; or
b. the subcontractor or consultant has h...
