Common use of Use of local labour professional services and materials Clause in Contracts

Use of local labour professional services and materials. (1) The Company shall, for the purposes of this Agreement — (a) use labour available within Western Australia or if such labour is not available then use labour otherwise available within Australia, except in those cases where the Company can demonstrate that it is impracticable to do so; (b) as far as it is reasonable and economically practicable to do so use the services of engineers surveyors architects and other professional consultants, project managers, manufacturers, suppliers and contractors resident and available within Western Australia or if such services are not available within Western Australia then, as far as it is reasonable and economically practicable to do so, use the services of such persons otherwise available within Australia; (c) during design and when preparing specifications calling for tenders and letting contracts for works materials plant equipment and supplies (which shall at all times, except where it is impracticable to do so, use or be based upon Australian Standards and Codes) ensure that suitably qualified Western Australian and Australian suppliers manufacturers and contractors are given fair and reasonable opportunity to tender or quote; (d) give proper consideration and where possible preference to Western Australian suppliers manufacturers and contractors when letting contracts or placing orders for works, materials, plant, equipment and supplies where price quality delivery and service are equal to or better than that obtainable elsewhere or, subject to the foregoing, give that consideration and where possible preference to other Australian suppliers manufacturers and contractors; and (e) if notwithstanding the foregoing provisions of this subclause a contract is to be let or an order is to be placed with other than a Western Australian or Australian supplier, manufacturer or contractor, give proper consideration and where possible preference to tenders arrangements or proposals that include Australian participation. (2) Except as otherwise agreed by the Minister the Company shall in every contract entered into with a third party for the supply of services labour works materials plant equipment and supplies for the purposes of this Agreement, require as a condition of such contract that such third party shall undertake the same obligations as are referred to in subclause (1) and shall report to the Company concerning such third party’s implementation of that condition. (3) The Company shall submit a report to the Minister at 3 monthly intervals or such longer period as the Minister determines commencing from the date of this Agreement concerning the Company’s implementation of the provisions of this clause together with a copy of any report received by the Company pursuant to subclause (2) during that 3 month or longer period as the case may be, but the Minister may agree that any such reports need not be provided in respect of contracts of such kind or value as the Minister may from time to time determine. (4) The Company shall keep the Minister informed on a regular basis as determined by the Minister from time to time or otherwise as required by the Minister during the currency of this Agreement of any services (including any elements of the project investigations design and management) and any works materials plant equipment and supplies that it may be proposing to obtain from or have carried out or permit to be obtained from or carried out outside Australia together with its reasons therefor and shall as and when required by the Minister consult with the Minister with respect thereto.

Use of local labour professional services and materials. (1) The Company shall, Joint Venturers shall in relation to the Redevelopment and for the purposes of this Agreement — (a) except in those cases where the Joint Venturers can demonstrate it is impracticable to do so, use labour available within Western Australia or if such labour is not available then use labour otherwise available within Australia, except in those cases where the Company Joint Venturers can demonstrate that it is impracticable to do so, use labour otherwise available within Australia; (b) as far as it is reasonable and economically practicable to do so use the services of engineers surveyors engineers, surveyors, architects and other professional consultants, project managers, manufacturers, suppliers and contractors resident and available within Western Australia or if such services are not available within Western Australia then, as far as it is reasonable and economically practicable to do so, use the services of such persons otherwise available within Australia; (c) during design and when preparing specifications calling for tenders and letting contracts for works materials plant equipment and supplies (which shall at all times, except where it is impracticable to do so, use or be based upon Australian Standards and Codes) ensure that suitably qualified Western Australian and Australian suppliers manufacturers and contractors are given fair and reasonable opportunity to tender or quote; (d) give proper consideration and where possible preference to Western Australian suppliers manufacturers and contractors located in Western Australia when letting contracts or placing orders for works, materials, plant, equipment and supplies where price quality delivery and service are equal to or better than that obtainable elsewhere or, subject to the foregoing, give that consideration and where possible preference to other Australian suppliers manufacturers and contractorscontractors located in Australia; and (e) if notwithstanding the foregoing provisions of this subclause a contract is to be let or an order is to be placed with other than a Western Australian or Australian supplier, manufacturer or contractor, give proper consideration and where possible preference to tenders arrangements or proposals that include Australian participation. (2) Except as otherwise agreed by the Minister the Company Joint Venturers shall in every contract entered into with a third party for the supply of services labour works materials plant equipment and supplies for the purposes of this Agreementthe Redevelopment, require as a condition of such contract that such third party shall undertake the same obligations as are referred to in subclause (1) and shall report to the Company Joint Venturers concerning such third party’s implementation of that condition. (3) The Company Joint Venturers shall submit a report to the Minister at 3 monthly intervals or such longer period as the Minister determines commencing from the date of this Agreement concerning the Company’s Joint Venturers implementation of the provisions of this clause together with a copy of any report received by the Company Joint Venturers pursuant to subclause (2) during that 3 month or longer period as the case may be, but the Minister may agree that any such reports need not be provided in respect of contracts of such kind or value as the Minister may from time to time determine. (4) The Company Joint Venturers shall keep the Minister informed on a regular basis as determined by the Minister from time to time or otherwise as required by the Minister during the currency of this Agreement of any services (including any elements of the project investigations investigation design and management) and any works materials plant equipment and supplies that it they may be proposing to obtain from or have carried out or permit to be obtained from or carried out outside Australia in relation to the Redevelopment together with its their reasons therefor and shall as and when required by the Minister consult with the Minister with respect thereto.

Use of local labour professional services and materials. (1) The Except as otherwise agreed by the Minister the Company shall, for the purposes of this Agreement —Agreement: (a) use labour available within Western Australia or if such labour is not available then use labour otherwise available within Australia, except in those cases where the Company can demonstrate that it is impracticable not reasonable and economically practicable so to do sodo, use labour available within the said State (using all reasonable endeavours to ensure that as many as possible of the workforce be recruited from the Pilbara region) or if such labour is not available then, except as aforesaid, use labour otherwise available within Australia; (b) as far as it is reasonable and economically practicable so to do so do, use the services of engineers surveyors engineers, surveyors, architects and other professional consultantsconsultants experts and specialists, project managers, manufacturers, suppliers and contractors resident and available within Western Australia the said State, or if such services are not available within Western Australia the said State, then, as far as it is reasonable and economically practicable to do soas aforesaid, use the services of such persons otherwise available within Australia; (c) during design and when preparing specifications specifications, calling for tenders and letting contracts for works materials plant works, materials, plant, equipment and supplies (which shall at all times, except where it is impracticable so to do sodo, use or be based upon Australian Standards and Codes) ensure that suitably qualified Western Australian and Australian suppliers suppliers, manufacturers and contractors are given fair and reasonable opportunity to tender or quote; (d) give proper consideration and and, where possible possible, preference to Western Australian suppliers suppliers, manufacturers and contractors when letting contracts or placing orders for works, materials, plant, equipment and supplies where price quality price, quality, delivery and service are equal to or better than that obtainable elsewhere or, subject to the foregoing, give that consideration and and, where possible possible, preference to other Australian suppliers suppliers, manufacturers and contractorscontracts; and (e) if if, notwithstanding the foregoing provisions of this subclause subclause, a contract is to be let or an order is to be placed with other than a Western Australian or Australian supplier, manufacturer or contractor, give proper consideration and and, where possible possible, preference to tenders tenders, arrangements or proposals that include Australian participationparticipation where price, delivery and service are otherwise equal or better. (2) Except as otherwise agreed by the Minister Minister, the Company shall shall, in every contract entered into with a third party for the supply of services labour works materials plant services, labour, works, materials, plant, equipment and or supplies for the purposes of this Agreement, Agreement require as a condition of such contract thereof that such third party shall undertake undertake: (a) the same obligations as are referred to in subclause (1) and shall report to the Company concerning such third party’s 's implementation of that condition; and (b) procurement activities in accordance with the plan provided under clause 10. (3) The Company shall shall: (a) in respect of developments the subject or to be the subject (as the case may be) of proposals submitted under clause 11, submit a report to the Minister at 3 monthly quarterly intervals or such longer period as the Minister determines commencing from the date specified in clause 3(4) until commissioning of this Agreement the Railway and Additional Infrastructure (if any) and thereafter as requested by the Minister from time to time; and (b) in respect of developments the subject or to be the subject (as the case may be) of proposals submitted under clause 13 submit a report to the Minister at quarterly intervals from the date on which it gives notice under clause 13 until commissioning of the developments the subject of the proposals approved pursuant to clause 13 and thereafter as requested by the Minister from time to time, concerning the Company’s its implementation of the provisions of this clause and of the relevant plan in connection with the development provided pursuant to clause 10, together with a copy of any report received by the Company pursuant to subclause (2) during that 3 month quarter or longer period as the case may be, but be PROVIDED THAT the Minister may agree that any such reports need not be provided in respect of contracts of such kind or value as the Minister may from time to time determine. (4) The Company shall keep the Minister informed on a regular basis as determined by the Minister from time to time or otherwise as reasonably required by the Minister during the currency of this Agreement of any services (including any elements of the project investigations investigations, design and management) and any works materials plant works, materials, plant, equipment and supplies that it may be proposing to obtain from or have carried out or permit to be obtained from or carried out outside Australia Australia, together with its reasons therefor and shall shall, as and when required by the Minister Minister, consult with the Minister with respect thereto.

Use of local labour professional services and materials. (1) The Company Except as otherwise agreed by the Minister the Joint Venturers shall, for the purposes of this Agreement —in connection with the developments proposed or to be proposed as the case may be pursuant to clauses 11, 13, 21 or 23: (a) except in those cases where the Joint Venturers can demonstrate it is not reasonable and economically practicable so to do, use labour available within Western Australia the said State (using all reasonable endeavours to ensure that as many as possible of the workforce be recruited from the north west region of the said State) or if such labour is not available then then, except as aforesaid, use labour otherwise available within Australia, except in those cases where the Company can demonstrate that it is impracticable to do so; (b) as far as it is reasonable and economically practicable so to do so do, use the services of engineers surveyors engineers, surveyors, architects and other professional consultantsconsultants experts and specialists, project managers, manufacturers, suppliers and contractors resident and available within Western Australia the said State, or if such services are not available within Western Australia the said State, then, as far as it is reasonable and economically practicable to do soas aforesaid, use the services of such persons otherwise available within Australia; (c) during design and when preparing specifications specifications, calling for tenders and letting contracts for works materials plant works, materials, plant, equipment and supplies (which shall at all times, except where it is impracticable so to do sodo, use or be based upon Australian Standards and Codes) ensure that suitably qualified Western Australian and Australian suppliers suppliers, manufacturers and contractors are given full, fair and reasonable opportunity to tender or quote; (d) give proper consideration and and, where possible possible, preference to Western Australian suppliers suppliers, manufacturers and contractors when letting contracts or placing orders for works, materials, plant, equipment and supplies where price quality price, quality, delivery and service are equal to or better than that obtainable elsewhere or, subject to the foregoing, give that consideration and and, where possible possible, preference to other Australian suppliers suppliers, manufacturers and contractorscontracts; and (e) if if, notwithstanding the foregoing provisions of this subclause subclause, a contract is to be let or an order is to be placed with other than a Western Australian or Australian supplier, manufacturer or contractor, give proper consideration and and, where possible possible, preference to tenders tenders, arrangements or proposals that include Australian participationparticipation where price, delivery and service are otherwise equal or better. (2) Except as otherwise agreed by the Minister Minister, the Company shall Joint Venturers shall, in every contract entered into with a third party for where the third party has an obligation or right to procure the supply of services labour works materials plant services, labour, works, materials, plant, equipment and or supplies for the purposes of this Agreement, Agreement require as a condition of such contract thereof that such third party shall undertake undertake: (a) the same obligations as are referred to in subclause (1) and shall report to the Company Joint Venturers concerning such third party’s 's implementation of that condition; and (b) procurement activities in accordance with each local industry participation plan provided under clauses 11(8)(c), 13, 21(8)(c) or 23 as may be amended in accordance with clause 7(5). (3) The Company shall Joint Venturers shall: (a) in respect of developments the subject or to be the subject (as the case may be) of proposals submitted under clause 11, submit a report to the Minister at 3 monthly quarterly intervals or such longer period as the Minister determines commencing from the date specified in clause 3(4) to the date of this Agreement the first submission of proposals under clause 11 and thereafter at monthly intervals until commissioning of the developments and thereafter as requested by the Minister from time to time; and (b) in respect of development the subject or to be the subject (as the case may be) or proposals submitted under clause 21, submit a report to the Minister at quarterly intervals from the commencement of consultation under clause 20 to the date of the first submission of proposals under clause 21 and thereafter at monthly intervals until commissioning of the developments and thereafter as requested by the Minister from time to time; and (c) in respect of developments the subject or to be the subject (as the case may be) of proposals submitted under clauses 13 or 23 as the case may be submit a report to the Minister at quarterly intervals from the date on which it gives notice under clause 13(1) or 23(1) as the case may be to the date of the first submission of proposals in connection with that notice under clauses 13 or 23 as the case may be and thereafter at monthly intervals until commissioning of the developments the subject of the proposals approved pursuant to clause 13 or 23 as the case may be and thereafter as requested by the Minister from time to time, concerning the Company’s their implementation of the provisions of this clause and of the relevant local industry participation plan provided in connection with the development, together with a copy of any report received by the Company Joint Venturers pursuant to subclause (2) during that 3 month or longer period as the case may be, but be provided that the Minister may agree that any such reports need not be provided in respect of contracts of such kind or value as the Minister may from time to time determine. (4) The Company Joint Venturers shall keep the Minister informed on a regular basis as determined by the Minister from time to time or otherwise as reasonably required by the Minister during the currency of this Agreement of any services (including any elements of the project investigations investigations, design and management) and any works materials plant works, materials, plant, equipment and supplies that it they may be proposing to obtain from or have carried out or permit to be obtained from or carried out outside Australia Australia, together with its their reasons therefor and shall shall, as and when required by the Minister Minister, consult with the Minister with respect thereto.

Use of local labour professional services and materials. (1i) The Except as otherwise agreed by the Minister the Company shall, for the purposes of this Agreement —Agreement: (a) use labour available within Western Australia or if such labour is not available then use labour otherwise available within Australia, except in those cases where the Company can demonstrate that it is impracticable not reasonable and economically practicable so to do sodo, use labour available within the said State or if such labour is not available then, except as aforesaid, use labour otherwise available within Australia; (b) as far as it is reasonable and economically practicable so to do so do, use the services of engineers surveyors engineers, surveyors, architects and other professional consultantsconsultants experts and specialists, project managers, manufacturers, suppliers and contractors resident and available within Western Australia the said State, or if such services are not available within Western Australia the said State, then, as far as it is reasonable and economically practicable to do soas aforesaid, use the services of such persons otherwise available within Australia; (c) during design and when preparing specifications specifications, calling for tenders and letting contracts for works materials plant works, materials, plant, equipment and supplies (which shall at all times, except where it is impracticable so to do sodo, use or be based upon Australian Standards and Codes) ensure that suitably qualified Western Australian and Australian suppliers suppliers, manufacturers and contractors are given fair and reasonable opportunity to tender or quote; (d) give proper consideration and and, where possible possible, preference to Western Australian suppliers suppliers, manufacturers and contractors when letting contracts or placing orders for works, materials, plant, equipment and supplies where price quality price, quality, delivery and service are equal to or better than that obtainable elsewhere or, subject to the foregoing, give that consideration and and, where possible possible, preference to other Australian suppliers suppliers, manufacturers and contractorscontracts; and (e) if if, notwithstanding the foregoing provisions of this subclause clause, a contract is to be let or an order is to be placed with other than a Western Australian or Australian supplier, manufacturer or contractor, give proper consideration and and, where possible possible, preference to tenders tenders, arrangements or proposals that include Australian participationparticipation where price, delivery and service are otherwise equal or better. (2ii) Except as otherwise agreed by the Minister Minister, the Company shall shall, in every contract entered into with a third party for the supply of services labour works materials plant services, labour, works, materials, plant, equipment and or supplies for the purposes of this Agreement, Agreement require as a condition of such contract thereof that such third party shall undertake the same obligations as are referred to in subclause paragraph (1i) and shall report to the Company concerning such third party’s 's implementation of that condition. (3iii) The Company shall in respect of developments the subject or to be the subject (as the case may be) of proposals submitted under clause 5(x) submit a report to the Minister at 3 monthly quarterly intervals or such longer period as the Minister determines commencing from the date on which it gives notice under clause 5(x) until commissioning of this Agreement the developments the subject of the proposals approved pursuant to clause 5(x) and thereafter as requested by the Minister from time to time, concerning the Company’s its implementation of the provisions of this clause and of the relevant plan in connection with the development provided pursuant to clause 5(ya), together with a copy of any report received by the Company pursuant to subclause paragraph (2ii) during that 3 month quarter or longer period as the case may be, but be PROVIDED THAT the Minister may agree that any such reports need not be provided in respect of contracts of such kind or value as the Minister may from time to time determine. (4iv) The Company shall keep the Minister informed on a regular basis as determined by the Minister from time to time or otherwise as reasonably required by the Minister during the currency of this Agreement of any services (including any elements of the project investigations investigations, design and management) and any works materials plant works, materials, plant, equipment and supplies that it may be proposing to obtain from or have carried out or permit to be obtained from or carried out outside Australia Australia, together with its reasons therefor and shall shall, as and when required by the Minister Minister, consult with the Minister with respect thereto."; and