enforcing and
ensuring compliance with the NSW Code and
NSW Guidelines.
3.
The Tenderer acknowledges that where it or a related entity fails to
comply with the NSW Code
or
NSW Guidelines, a sanction may be imposed on the Tenderer or its related entity or both. The
sanctions that can be imposed include, but are not limited to, one or more of the following:
a.
a formal warning that a further breach will lead to severe sanctions;
b.
referral of a complaint to the relevant industry organisation for assessment against its
own professional code of conduct and appropriate action;
c.
reduction in tendering opportunities at either agency or government-wide level, for
example, by exclusion of the breaching party from tendering for government work above
a certain value or for a specified period;
d.
reporting the breach to an appropriate statutory body; and
e.
publicising the breach and identity of the party.
Disclosure of information
4.
The Tenderer agrees and gives its consent (or reaffirms its consent), and confirms
that its related
entities agree and give their consent (or reaffirm their consent), to the disclosure of information
concerning the Tenderer's or the related entity's compliance with the
NSW Code and
NSW
Guidelines, including disclosure of past conduct relating to the
NSW Code and
NSW Guidelines,
and whether or not sanctions have been imposed on a Tenderer or its related entities.
5.
The Tenderer confirms that it has obtained, or will obtain, the consent of each subcontractor or
consultant it proposes to use on the Project, to the disclosure of information concerning the
subcontractor's and consultant's compliance with the
NSW Code and
NSW Guidelines, including
disclosure of details of past conduct relating to the
NSW Code and
NSW Guidelines and whether
or not sanctions have been imposed on the subcontractor or consultant or its related entities.
6.
The consent by the Tenderer, its related entities and any proposed or subsequent subcontractors or
consultants is given to the State
of New South Wales, its agencies (including RMS), Ministers
and the CCU (and its authorised personnel) for purposes including:
a.
the exercise of their statutory authority or portfolio responsibilities;
b.
investigating and checking claims and assertions made by the Tenderer in any documents
provided as part of the Tender (including, but not limited to, any Workplace Relations
Management Plan (State) or Health and Safety Management Plans);
c.
monitoring, investigating and enforcing the
NSW Code and
NSW Guidelines; and
d.
ensuring, facilitating and promoting compliance with the
NSW Code and
NSW
Guidelines.
7.
The Tenderer acknowledges that this consent is not limited to this Tender or this Project, as
parties are expected to comply with the
NSW Code and
NSW Guidelines on future projects for
which they apply.
Positive obligations
8.
Without limiting the obligations and requirements in the
NSW Code and
NSW Guidelines, the
Tenderer acknowledges and undertakes to comply with its positive obligations under the
NSW
Code and
NSW Guidelines, including to:
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a.
comply with the Workplace Relations Management Plan (State) and Work Health and
Safety Management Plan;
b.
allow NSW Government authorised personnel to:
i. access the Project site and other premises;
ii. monitor and investigate compliance with the
NSW Code and
NSW Guidelines;
iii. inspect any work, material, machinery, appliance, article or facility;
iv. inspect and copy any record relevant to the Project; and
v. interview any person,
as is necessary to demonstrate compliance with the
NSW Code and
NSW Guidelines;
c.
notify the CCU (or nominee) and RMS of any alleged breaches of the
NSW Code and
NSW Guidelines, and of voluntary remedial action taken, within 24 hours of becoming
aware
of the alleged breach;
d.
(for principal contractors only) report any grievance or dispute relating to workplace
relations or work health and safety matters that may impact on project costs, related
contracts or timelines to the CCU (or nominee) and RMS within 24 hours of becoming
aware of the grievance or dispute, and provide regular updates on the grievance or
dispute;
e.
report any threatened or actual industrial action that may impact the Project, costs of the
Project, related contracts or timelines to the CCU (or nominee) and RMS within 24 hours
and provide regular updates about the steps being taken
to resolve the threatened or
actual industrial action;
f.
take all steps reasonably available to prevent or resolve industrial action which adversely
affects, or has the potential to adversely affect, the delivery of the Project or other related
contracts on time and within budget; and
g.
take all reasonably available steps to prevent or bring to an end unprotected industrial
action occurring on or affecting the Project, including by pursuing legal action where
possible. Any such legal action must be conducted (and where appropriate, concluded) in
a manner consistent with the guiding principles
and objectives of the NSW Guidelines,
namely supporting outcomes of compliance with the law, productivity in delivering the
Project on time and within budget, maintaining a high standard of safety, and protecting
freedom of association.
9.
Without limiting the obligations and requirements of the
NSW Code and
NSW Guidelines, the
Tenderer acknowledges its obligation to ensure,
through contract, that subcontractors and
consultants similarly undertake, or allow for, each of these applicable positive obligations.
Privately funded work
10.
The Tenderer acknowledges and agrees that in respect of its privately funded building and
construction work to which the
NSW Guidelines apply, it and its related entities will:
a.
comply with the
NSW Code and
NSW Guidelines;
b.
maintain adequate records of compliance with the
NSW Code and
NSW Guidelines
(including by contractors);
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