WGCMA Work Conditions and Requirements
1. Role of the Contractor
The role, authority and responsibility of the contractor is as follows:
- All contractors are required to undertake a compulsory online induction prior to commencing any work with the WGCMA
- Abide by the general hiring conditions as detailed in Section 3 of this Appendix 2
- Provide one key contact, who is available by telephone and email
- Complete assigned tasks, effectively, efficiently and within agreed time frames
- Supply equipment and guards in accordance with manufacturers specifications and relevant Australian Standards
- Supply at own expense all fuel, oil, grease, spare and consumable parts and anything necessary for the continuous and satisfactory operation of plant and/or equipment
- Provide a fully accredited plant operator and/or work crew, who are qualified and capable to safely carry out the required task
- Pay all wages, overtime, accommodation allowances and travelling expenses of the operator and/or work crew and ensure adequate supervision
- Notify the WGCMA project officer immediately of any changes of operator or crew member
- Supply safe and timely floating of equipment and/or transport of work crews, to, from and between sites
- Manage the plant and/or equipment so that it will be ready to commence operation at the time when other works start on the job, and to operate maintenance, operation and operator training systems in accordance with the statement of requirements as listed in Section 2, of this Appendix 2
- Work the plant and/or work crew continuously as required during the period of engagement
- Comply with all relevant legal, quality and Occupational Health and Safety requirements, including; maintain all road-going plant in a fully legal and roadworthy condition in accordance with the current Transport Act, and; ensure that when unattended the plant and associated equipment is in a safe condition and not to be or liable to become a safety hazard.
Statement of requirements
Outputs
- Completion of works effectively, efficiently, safely and to agreed timeframes, standards and costs
- Compliance with all relevant legal, quality and OH&S policies, standards and practices.
Methodology
- The WGCMA will request a quote to undertake specified works
- The Contractor shall receive confirmation in the form of a Purchase Order
- No work shall commence until it is established that the contractor complies with all WGCMA requirements, including online induction, insurance, and OH&S requirements including a site induction
- The contractor will provide a tax invoice to the WGCMA for completed works, which will be confirmed, authorised for payment then processed.
Performance Measures
- Availability of plant, operators and work crews given reasonable notice
- Quality of workmanship including finish, a guarantee of workmanship will be viewed favourably
- Completion of works to a consistently high standard of efficiency, cost effectiveness, safety and timeliness
- Compliance with the Victorian State Government OH&S Act 2004.
First Line Management of the day to day operation of the agreement
- The Contractor shall maintain one key contact who the WGCMA can directly deal with
- The Supplier must comply with all WGCMA account requirements.
Terms of Agreement
- The information contained in the EOI will be a legal document including the Appendices 1 and 2, outlining the conditions and requirements of each engagement the WGCMA will seek to enter into with a preferred supplier up until 30 June 2026.
- Payment for hire will be on the following basis. Note: payment will not be made for any period that the plant or work crew is rendered idle due to breakdown or other reason within the contractors control).
A Rate’ – working rate
The “working rate” is an hourly rate that will generally be paid for up to eight hours per day for a five day week. Fractions of hours worked will be paid in proportion to the hourly rate, rounded to the nearest half hour. Time worked in excess of the hours specified above will be paid at the hourly rate specified, unless prior agreement has been obtained in writing from the WGCMA. As such it may be agreed to pay an increased hourly rate according to the difference between normal and overtime or holiday wage rates, as prescribed by the industrial award governing the employment of the plant operator or work crew.
‘B Rate’ – standby rate
The ‘standby rate’ is an hourly rate that applies when the plant or crew is rendered idle due to reasons within the WGCMAs control and when the WGCMA require the plant or crew to remain engaged; for example, on days of total fire ban. Fractions of an hour will be paid for in proportion to the hourly ‘B Rate’, rounded to the nearest half hour.
Price changes
- The WGCMA is prepared to consider price change issues. Price changes necessary before this time, due to factors outside the control of the contractor or WGCMA will be considered
- The WGCMA reserves the right to invite suppliers to submit Expressions of Interest at any time.
Quality requirements
- It would be an advantage for contractors to warrant against faulty workmanship within the first twelve months of construction where appropriate.
Occupational Health and Safety Requirements
- The Contractor is required to carry out works in accordance with the requirements of the Occupational Health and Safety Act, 2004. Employers in particular are required to have in place a safety program and systems which clearly demonstrate compliance with all relevant sections of the Act.
3. General Hiring Conditions
3.1
(a) the plant and/or work crew is hired at the rate shown in the schedule on the basis of eight hours per day and for five days (Saturday, Sunday and public holidays excepted) per week unless otherwise specified
(b) when plant is offered for work within the normal working hours and no work is available, and the plant is required to remain on the same site, payment at standby rate will be made
(c) the hiring period is approximate only and may be varied by written agreement between the WGCMA and the contractor.
3.2 Hire of plant and/or work crews shall commence at the time of delivery to the WGCMA on the date specified in the schedule and shall continue until this agreement is terminated.
3.3
(a) the WGCMA may terminate the agreement by giving one day’s notice to the contractor. If insufficient notice or no notice is given, the WGCMA shall pay a sum equal to one day’s working hire
(b) the WGCMA reserves the right to terminate the hire of any plant, operator or work crew member at any time without being in default, if the services or the operation of the plant is considered to be unsatisfactory
(c) the contractor may withdraw equipment from a job, only after sufficient notice has been given for the job to be brought to a stage which the WGCMA’s officer considers to be satisfactory for progress to be suspended.
3.4 If the contractor fails to carry out this hiring agreement when called upon to do so, or fails to proceed continuously with carrying out this hiring agreement, or on any other breach of this agreement, the WGCMA’s officer may, without notice, and without prejudice to any rights of the WGCMA consequent on failure or breach, terminate the agreement.
3.5 The contractor, unless otherwise stated, shall:
(a) deliver plant and/or equipment in good working order and maintain it in that condition at his/her own expense
(b) where the plant is automotive and fitted with pneumatic tyres, have it fitted with, and keep operational, lights and direction indicators complying with the requirements of the Victoria Motor Car Act, Transport Regulation Act and Regulations
(c) comply with all reasonable directions of the WGCMA’s officer
(d) be liable for all damage or undue wear caused by or arising out of his/her failure to adequately lubricate and maintain the hired plant and/or equipment
(e) have all repairs and maintenance of the plant and/or equipment carried out expeditiously, and, as far as practicable, either outside normal working hours or during periods of stand down
(f) at his/her expense insure the plant and/or equipment and keep the same insured during the period of hire, against damage, loss or theft. No hire shall be payable by the WGCMA whilst the plant and/or equipment is rendered idle by damage, loss or theft
(g) at his/her own expense, keep the WGCMA and himself/herself and their respective employees jointly insured against all claims for loss from personal accident, death and property damage, also all the costs and charges associated with such claims brought about by the operation or use of the plant and/or equipment during the period of hire or by the presence of the plant or the contractor’s personnel on the WGCMA’s worksites for an amount of not less than $10,000,000.
3.6 Payment for hire will be made by the WGCMA, on submission of claims by the contractor at monthly intervals corresponding with the normal payment of WGCMA accounts.
4. Failure to perform
(a) without limiting any other clause of this agreement, or any other remedy the organisation may have, if the supplier fails to provide or perform any of the services in accordance with the requirements of this Agreement (including the applicable service levels), the organisation will not be required to pay for those services and may, by notice in writing to the supplier, require the supplier to:
- remedy any default (if the default is capable of being remedied) at the suppliers own expense: or
- re-perform the services (if the services are capable of being re-performed by the supplier)
- within the time specified in the notice (which must be reasonable having regard to the nature of the services).
(b) if the remedied or re-performed services are remedied or re-performed in accordance with the applicable service levels and otherwise to the satisfaction of the organisation, then the organisation will pay the applicable rates or fees for those remedied or re-performed services (which the parties acknowledge may be less than the cost to the supplier of remedying or re-performing the services).
(c) if the default referred to in clause 10(a) is not capable of being remedied or the services are not capable of being re-performed, or the supplier fails within the time specified to remedy the default or re-perform the services, the organisation may either:
- remedy that default or re-perform the services itself; or
- have the services remedied or re-performed by a third party, and in either case, the supplier must pay the reasonable costs incurred by the organisation doing so.
5. Work Health and Safety
- contractors are required to have in place a safety program and systems which demonstrate compliance with all relevant sections of the Occupational Health and Safety Act (2004)
- contractors are to submit details of their Occupational Health and Safety Management System at the time of initial hire
- the supplier must comply with all applicable workplace health and safety laws and regulations and all safety instructions reasonably issued by WGCMA
- the supplier must ensure that all plant, tools, equipment and substances used in performing the services are in a safe and serviceable condition and used and maintained in accordance with their operation instructions
- the contractor must ensure that its employees, agents and subcontractors are adequately supervised at all times while performing the services
- the supplier must ensure that before it’s employees, agents or subcontractors perform the services they received adequate training to perform the services
- if the supplier engages in conduct that, in the reasonable opinion of the Principal, could cause a serious risk to health or safety, the WGCMA may direct the supplier to cease performing the services
- if the suppliers (or one of its employees, agents or subcontractors) considers that the working conditions or behavior of other workers could cause a serious risk to health or safety, the supplier may cease performing the services and/or leave the work site immediately. WGCMA is to be notified immediately if this occurs, with a plan to rectify the situation within a reasonable timeframe
- the supplier must ensure that, in respect of its employees and contractors and any other persons engaged by the supplier to provide the services, it:
- the supplier must promptly notify the WGCMA of any accident, injury, property or environmental damage that occurs during the carrying out of the works. All lost time incidents shall be immediately notified to the WGCMA. The contractor must and within 3 working days of any such incident provide a report giving complete details of the incident, including results of investigations into its cause, and any recommendations or strategies for prevention in the future
- the supplier must ensure that, in respect of its employees and contractors and any other persons engaged by the supplier to provide the services, it:
- complies with the provisions of the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic);
- insures against its liability to pay compensation whether under legislation or otherwise; and
- produces to the organisation on request any certificates or like documentation required by the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic).
6. Access to records
The supplier must, for a period of seven years after the expiry or termination of the Agreement or completion of the services (whichever is the earlier), keep true and particular accounts of all services provided under this Agreement and all associated records including all supporting materials used to generated and substantiate invoices submitted in respect of the services.
The WGCMA or its authorised representatives will have the right, after giving reasonable notice at any time during business hours, to inspect and/or audit the accounts and records of the supplier relating to the provision of the services, and of all other matters relevant to the calculation of the rates and/or fees. Such representatives will be entitled (at the expense of the organisation) to take copies of or extracts from any such records.
For the avoidance of doubt, the WGCMA will be solely responsible for the costs of conducting any audit.
7. Code of conduct
Where, in the course of providing the services, the supplier, or it’s employees or sub contractors:
(a) supervise or work with Public Sector Employees;
(b) undertake work that is of a similar nature to the work undertaken by Public Sector Employees at premises or a location generally regarded as a public sector workplace; or
(c) use or have access to public sector resources or information that are not normally accessible of available to the public
(d) the supplier must (and must ensure that it’s employees or sub contractors), comply with the Code of Conduct.
8. Service levels
The Supplier must provide the services to a standard that reaches or exceeds the service levels and in accordance with the requirements set out in the purchase order. In addition, the supplier must:
- provide the services to the reasonable satisfaction of the organisation and in a proper, timely and efficient manner using that standard of care, skill, diligence, prudence and foresight that would reasonably be expected from a prudent, expert and experienced provider of services that are similar to the services
- ensure the highest quality of work and the delivery of the services with the utmost efficiency
- act in good faith and in the best interests of the organisation
- comply with all statements or representations as to its performance or the provision of the services set out in the offer
- keep the organisation informed of all matters of which it ought reasonably be made aware and provide such information in relation to the provision of the services as may reasonably be required by the organisation; and
- carry out its obligation and duties and complete the provision of the services to the reasonable satisfaction of and in accordance with the requirements of the organisation.
9. Warranties
The supplier warrants that:
- the provision of the services will be carried out with all due care and skill and in accordance with all applicable standards, principles and practices
- it and its employees, agents and contractors are appropriately qualified and have the requisite knowledge, skill and expertise to provide the services in accordance with the service levels.
10. Liability
The supplier must indemnify the organisation and its officers, employees and agents (indemnified party) against any loss, damage, claim, action or expense (including legal expense) which any indemnified party suffers as a direct or indirect result of any of the following:
- a breach of this agreement by the supplier, including any failure to provide the services in accordance with the agreement
- any warranty given by the supplier under this agreement being incorrect or misleading in anyway; or
- wrongful or any negligent act or failure to act by the supplier or any of the supplier’s employees, agents, officers or sub-contractors
except to the extent that any such loss, damage, claim, action or expense is caused by the negligence or other wrongful act or omission of the organisation, it’s officers or employees.