Common use of National Code of Practice Clause in Contracts

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 the Code Monitoring Group; and (g) we must ensure that all Subcontracts contain requirements functionally equivalent to the requirements of this clause.

National Code of Practice. The (a) This clause 7.13 applies only if Schedule 14 (Role of National Code of Practice) specifies that the National Code of Practice for the Construction Industry (the code) is applicable to the Temporary Works, Construction Plant and Alliance Works:. (ab) we We must comply, in the performance of this Agreement, with the requirements of the National Code of Practice for the Construction Industry code 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; (bc) compliance Compliance with the code or the industry guidelines will not relieve us from responsibility to perform this Agreement, or from any liability for any Defect in the Temporary Works and Alliance Works under this Agreement arising from compliance with the code or the industry guidelines; (cd) where 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 of Australia (the Commonwealth) specifying the extent to which our compliance with the code or the industry guidelines will be affected; (de) we 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; (ef) if 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; (fg) we We must not appoint a Subcontractor, consultant or supplier in relation to the Alliance Works where the appointment would breach a sanction imposed by the Code Monitoring Group; and (gh) we We must ensure that all Subcontracts contain requirements functionally equivalent to the requirements of this clause.

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 We must comply, in the performance of this Agreement, comply 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 Code) and the Australian Government Implementation Guidelines for the code National Code of Practice for the Construction Industry, August 2009 (Guidelines). Copies of the Code and the industry guidelines Guidelines are available at xxxx://xxx.xxxxxxxxx.xxx.xx;xxx.xxxxx.xxx.xx/xxxxxxxx . (b) compliance Compliance with the code or the industry guidelines will Code and Guidelines shall not relieve us from responsibility to perform this Agreementthe Contract, or from liability for any Defect defect in the Temporary Works and Alliance Works works arising from compliance with the code or the industry guidelines;Code and Guidelines. (c) where Where a change in this is Agreement is proposed and that change would affect compliance with the code or Code and Guidelines, the industry guidelines, we must submit a report to the Commonwealth specifying the extent to which our the Contractor’s compliance with the code or the industry guidelines Code and Guidelines will be affected;. (d) we We must maintain adequate records of the compliance with the code Code and industry guidelines by us and our Subcontractors. We must permit the Commonwealth or any person authorised Guidelines by the CommonwealthContractor, its subcontractors, consultants and its Related Entities(see Guidelines for meaning including section 3.5 of the Interim Building Industry Taskforce or any successor of it, to have access to our records and to our premises (to inspect and copy recordsGuidelines), 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 If we do not comply with the requirements of the code Code or the industry guidelines Guidelines in the performance of this Agreement Contract such that a sanction is applied by the Minister for Employment and Workplace Relations, the Code Monitoring Group, Group or the Commonwealth, without prejudice to any rights that would otherwise accrue, will 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 us or a related corporation entity in respect of work for any part of funded by the Commonwealth or its agencies;. (f) we While acknowledging that value for money is the core principle underpinning decisions on Government procurement, when assessing tenders, wemay give preference to subcontractors and consultants that have a demonstrated commitment to: (i) adding and/or retaining trainees and apprentices; (ii) increasing the participation of women in all aspects of the industry; or (iii) promoting employment and training opportunities for Indigenous Australians in regions where significant indigenous populations exist. (g) We must not appoint a Subcontractor, subcontractor or consultant or supplier in relation to the Alliance Works where Project where: (i) the appointment would breach a sanction imposed by the Code Monitoring GroupMinister for Employment and Workplace Relations; or (ii) the subcontractor or consultant has had a judicial decision against them relating to employee entitlements, not including decisions under appeal, and has not paid the claim. (h) We agree to require that us and our subcontractors or consultants and our related entities provide the Commonwealth or any person authorised by the Commonwealth, including a person occupying a position in the Office of the Australian Building and Construction Commissioner, with access to: (i) inspect any work, material, machinery, appliance, article or facility; (ii) inspect and copy any record relevant to the Contracted Work; and (giii) interview any person as is necessary to demonstrate our compliance with the Code and Guidelines. (i) Additionally, we agree that us and our related entities will agree to a request from the Commonwealth or any person authorised by the Commonwealth, including a person occupying a position in the Office of the Australian Building and Construction Commissioner, to produce a specified document within a specified period, in person, by fax or by post. (j) For the avoidance of doubt, Xxxxxx (h) applies in relation to the our new privately funded construction work. (k) We must ensure that all Subcontracts contain requirements functionally subcontracts impose obligations on subcontractors equivalent to the requirements of this clauseobligations under Clauses 7.13(a) to 7.13(k).