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SUBCONTRACT INSTRUMENT

OF AGREEMENT
PROJECT:
SUBCONTRACTOR:
SUBCONTRACT NO.:
DATE:

CONTENTS

SUBCONTRACT INSTRUMENT OF AGREEMENT ........................................................................................ 3


SCHEDULE .................................................................................................................................................. 3
GENERAL CONDITIONS OF SUBCONTRACT............................................................................................... 5
ANNEXURE 1 - SCOPE OF WORKS - GENERAL ........................................................................................ 17
ANNEXURE 2 - SCOPE OF WORKS TRADE SPECIFIC ........................................................................... 21
ANNEXURE 3 - SUBCONTRACT DOCUMENTS .......................................................................................... 22
ANNEXURE 4 - SUBCONTRACT PROGRAM............................................................................................... 23
ANNEXURE 5 - DEED OF RELEASE AND INDEMNITY .............................................................................. 24
ANNEXURE 6 - SUBCONTRACTOR STATUTORY DECLARATION........................................................... 24
ANNEXURE 7 - WARRANTY FORM .............................................................................................................. 26
ANNEXURE 8 - PAYMENT CLAIM TEMPLATE ............................................................................................ 27
ANNEXURE 9 - HSE REQUIREMENTS CHECKLIST ................................................................................... 28
OCCUPATIONAL HEALTH & SAFETY ..................................................................................................... 28
INDUSTRIAL RELATIONS ......................................................................................................................... 31
QUALITY CONTROL .................................................................................................................................. 32
ENVIRONMENT ......................................................................................................................................... 32
APPENDIX 10 - SWMS REVIEW FORM (SAMPLE) ..................................................................................... 33
APPENDIX 11 - SUBCONTRACTOR CHECKLIST ....................................................................................... 34

______________________
CICG Pty Ltd The Builder
Subcontract Agreement

______________________
The Subcontractor
05 September 2012

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SUBCONTRACT INSTRUMENT OF AGREEMENT


(The Subcontract)
BETWEEN:

and

Commercial Industrial Construction Group Pty Ltd


ABN: 42 091 460 230
Level 4, 63 Stead Street, South Melbourne VIC 3205
Tel: 03 8696 3500 Fax: 03 9682 3559
The Builder

The Subcontractor

RECITAL
A.

The Builder wishes to engage the Subcontractor to carry out works.

B.

The works under this Subcontract may form part of works the Builder is obliged to perform under a separate head contract with a third party.

C.

The Subcontractor agrees to perform such works on the terms set out below.

OPERATIVE PROVISION
It is agreed that:
1.

The Subcontractor shall perform the whole of the work to be executed in accordance with the Subcontract (the Works) and all of its obligations under
the Subcontract in accordance with its terms.

2.

In consideration of the due and proper performance of the Subcontract by the Subcontractor, the Builder shall pay the Subcontractor the amount (the
Subcontract Sum) set out in the schedule below (the Schedule) and perform its other obligations in accordance with the Subcontract.

3.

It is agreed that this Instrument of Agreement and the documents identified below in the Schedule together comprise the Subcontract (the
Subcontract Documents).

4.

It is agreed that no amendments will be made to this Agreement or bind the Parties unless each amendment is in writing and is countersigned against
by both Parties.

ENTIRE AGREEMENT
1.

2.
3.

This Subcontract:
(a)

contains the entire agreement and understanding between the parties on everything connected with the subject matter of this Subcontract; and

(b)

supersedes any prior agreement or understanding on anything connected with that subject matter.

The Builder and the Subcontractor have entered into this Subcontract without relying on any representation by any other party or any person
purporting to represent that party.
The Subcontractor acknowledges and confirms that:
(a)

the Builder (nor any person acting on the Builders behalf) has made any representation or other inducement to it to enter into this Subcontract,
except for representations or inducements expressly set out in this Subcontract;

(b)

it does not enter into this Subcontract in reliance on any representation or other inducement by or on behalf of the Builder, except for
representations or inducements expressly set out in this Subcontract.

SCHEDULE
1)

Project:

2)

Project Address:

3)

Site Contact Details:

4)

Subcontract Works:

5)

Subcontract Order No:

6)

The Subcontract comprises the following


documents in order of precedence.
6.1

Subcontract Instrument of Agreement

Refer page 3

6.2

Schedule

Refer page 3

6.3

General Conditions of Subcontract

Refer page 3

6.4

Specification

Refer ANNEXURE 3 - SUBCONTRACT DOCUMENTS

6.5

Drawings

Refer ANNEXURE 3 - SUBCONTRACT DOCUMENTS

6.6

Scope of Works

Refer ANNEXURE 1 - SCOPE OF WORKS - GENERAL and


ANNEXURE 2 - SCOPE OF WORKS TRADE SPECIFIC

6.7

Program

Refer ANNEXURE 4 - SUBCONTRACT PROGRAM

7)

Subcontract Sum:

8)

Commencement Date:

$0.00 (excluding GST)

______________________
CICG Pty Ltd The Builder
Subcontract Agreement

______________________
The Subcontractor
05 September 2012

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9)

Works Completion Date:

10)

Defects Liability Period/Warranty:

52 weeks from the Date of Practical Completion of the Head Contract.

11)

Payment Terms:
(Reference Date)

Invoice to be submitted by 10 of each month. Payment by the 15 of the following month.

12)

Retention Terms:

10% of each progress claim up to 5% of the adjusted Subcontract sum by cash retention or
alternatively two (2) Unconditional Bank Guarantees each to the value of 2 % of the adjusted
Subcontract sum.

13)

Retention Reduced to:

2 % of the adjusted Subcontract sum within 30 days of Practical Completion under the Head
Subcontract. Release of balance of security at expiration of the Defects Liability Period under the
Head Contract.

14)

Liquidated Damages (The Builder):

$1,500.00 per Calendar Day

15)

Liquidated Damages (Head Contract):

$1,500.00 per Calendar Day

16)

Site Working Hours:

56 hours being;

17)

th

Counting of Days:

th

Monday to Thursday
Friday

- 7.00am to 5.30pm
- 7.00am to 3.30pm

Saturday

- 7.00am to 2.30pm (Based on 1 Break + Crib time) Industry


Standard

1)
2)

A business day means Monday to Friday inclusive, excluding statutory and public holidays
applicable in Victoria, Australia.
All reference to days in the Subcontract is to calendar days except where otherwise noted.

SUBCONTRACTORS INSURANCE DETAILS


Name of Insurance Company

Limit of Cover

Policy Number

Expiry Date

Public Liability Policy

Workers Compensation Policy

Contract Works Insurance

SUBCONTRACTORS BANKING DETAILS


Account Name

Name of Bank

BSB No.

Account Number

Signed for and on behalf of CICG Pty Ltd

Signed for and on behalf of the Subcontractor

Name: Peter Carnell

Name (print name): ....................................................................

Signature: ..................................................................................

Signature: ..................................................................................

Date: ..........................................................................................

Date: ..........................................................................................

______________________
CICG Pty Ltd The Builder
Subcontract Agreement

______________________
The Subcontractor
05 September 2012

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GENERAL CONDITIONS OF SUBCONTRACT


1

GENERAL
1.1

The Subcontractor agrees to perform all of its obligations under the Subcontract in accordance with its terms and so as
to meet, except to the extent of any inconsistency, the requirements of the Head Contract, a copy of which is available
upon request.

1.2

Definitions:
1.2.1

'Claim' means any claim, action, demand, proceeding, suit or cause of action for an extension of the time (or
times) within which the Subcontractor is required to execute the Works, an adjustment or addition to the
Subcontract Sum, any Compensation from the Builder, relief from any of the Subcontractor's obligations or
liabilities arising out of the Subcontract, or any other legal or equitable right, remedy or claim.

1.2.2

Completion' is that stage in the execution of the work under the Subcontract when;

1.2.3
2

a)

the works under the Subcontract are complete, in accordance with the Subcontract and are fit for use
and occupation;

b)

those tests which are required by the Subcontract to be carried out and passed have been carried out
and passed;

c)

documents and other information required under the Subcontract have been supplied to the Builder;

d)

all warranties, certificates, as-built drawings and manuals have been supplied to the Builder;

e)

the works under the Subcontract are compliant with all applicable Legislative Requirements and
Approvals; and

f)

the works under the Subcontract have been cleaned to a professional standard.

Works Completion Date shall mean the date stated in item 9) of the Schedule and as adjusted in consideration
of any approved extension of time claims submitted by the Subcontractor and approved by the Builder.

THE WORKS
2.1

The Works must be carried out by the Subcontractor in a proper and professional manner and to the Builders complete
satisfaction in accordance with:
a)

the Plans and Specifications;

b)

all standards, codes and legislative requirements applicable to the Works; and

c)

the provisions of this Subcontract so that the Works are fit for their intended purpose.

2.2

Where there is any inconsistency / discrepancy between any of the requirements set out in Clause 2.1 the
Subcontractor shall be deemed to have allowed for the Works to be carried out in accordance with the highest standard,
quality or quantum which can be ascertained from such requirements. In all cases the Subcontractor shall notify the
Builder in writing as soon as possible with details of the inconsistency / discrepancy and the Builder will direct the
Subcontractor as to the manner in which the inconsistency / discrepancy is to be resolved and any cost deduction
agreed (if applicable).

2.3

If part of the Works involve design work to be carried out by the Subcontractor (Design Work), then the Subcontractor
must ensure that:
2.3.1

it carries out the Design Work to a high standard of skill and care using suitably qualified persons (including all
consultants); and

2.3.2

all designs provided to the Builder by the Subcontractor:


a)

are suitable, appropriate and fit for their intended purpose; and

b)

do not infringe copyright or any other protected right.

2.4

The Subcontractor must provide the Builder with all calculations, certificates and any other information relating to Design
Work carried out by the Subcontractor or its consultants upon request and within the time specified by the Builder.

2.5

The Builder is not required to review, comment upon or check any of the design documents provided by the
Subcontractor as part of the Design Work. However, any review or comment by the Builder in relation to such
documents does not relieve the Subcontractor from responsibility from the Subcontractor's errors, omissions or
departures from the requirements of this Subcontract.

______________________
CICG Pty Ltd The Builder
Subcontract Agreement

______________________
The Subcontractor
05 September 2012

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2.6

The Subcontractor must at all times, co-operate and co-ordinate the Works with the Builder, other subcontractors and
other persons on the Site.

2.7

The Subcontractor shall have no Claim arising from its obligations in this Clause 2.

AUTHORITIES PERMITS, NOTICES, INSPECTIONS, FEES AND WARRANTIES


3.1

Subcontractor to arrange
Where any notice, permit and/or approval is required by any Authority having jurisdiction over the Works, the
Subcontractor shall give any notice and/or apply for any approval or permit, and supply all necessary plans and
information. The Subcontractor shall obtain all permits in time to ensure no delay to the Works occurs, and shall pay all
requisite fees.

3.2

Subcontractor to pay fees


If the fees payable to an Authority vary after the date of this Agreement, the Subcontract amount will be adjusted
accordingly, provided that the details of each fee payable are included in the Subcontract amount. The Subcontractor
may make arrangements with the Builder for the Builder to submit the necessary documents on its behalf, but the
Builder will not be obliged to apply to Authorities for permits or similar approvals where the Subcontractor can make the
applications directly.

3.3

Subcontractor to obtain warranties and guarantees


The Subcontractor shall obtain and provide all guarantees and warranties specified under the Head Contract, including
but not limited to the supply and installation of materials, goods and equipment, which extend beyond the defects liability
period and ensure that all such guarantees and warranties are made in favour of the Builder and any third party
nominated by the Builder.

PRICE & PAYMENT


4.1

The Subcontract Sum is a fixed lump sum price for all work required under the Subcontract and shall not be adjusted
except as expressly permitted by the Subcontract.

4.2

The Builder will pay the Subcontractor in progressive instalments. Each payment will be based on the value of the
Works completed by the Subcontractor as assessed by the Builder as at the Reference Date. In making its
assessment the Builder may take into account the reasonable cost of completing the Works and the cost to rectify any
defects in the Works. Payment will only be made if:
4.2.1

The Subcontractor has returned an executed copy of the Subcontract Instrument of Agreement to the Builder.

4.2.2

The Subcontractor submits a Payment Claim for payment with all relevant details as outlined on the Payment
Claim Template (refer ANNEXURE 8 - Payment Claim Template) (original copy via post preferred) directly to
the Builder at its Head Office on the Reference Date specified in the Schedule and in a form acceptable to the
Builder, which must include:
a)

a signed Statutory Declaration in the form of Annexure 6.

b)

Certificate of Currency of public liability insurance, workers compensation;

c)

evidence acceptable to the Builder, acting reasonably, of payments in superannuation, redundancy and
long service leave in accordance with employee EBA's and/or award conditions, and the claim must set
out the value of all applicable taxes, including sales tax; and

d)

the Subcontractor is not in breach of a term of this Agreement.

4.3

The amount assessed by the Builder shall be paid by the Builder in accordance with the Payment Terms provided for in
the Schedule, provided the Subcontractor has complied with the requirements in Clause 4.2.

4.4

Any instalment paid by the Builder is a payment on account only. Any payment by the Builder does not mean that the
Works or any part of the Works are approved by the Builder, that the Builder agrees with the value of the work
performed, or that the work complies with the requirements of this Agreement.

4.5

Within 28 days of completion the Subcontractor shall submit a penultimate payment claim which shall include all of the
details and documents required by Clause 4.2 and an executed Deed of Indemnity & Release in the form of
ANNEXURE 5 - DEED OF RELEASE AND INDEMNITY of the Subcontract. It is a condition precedent to the
submission of a valid claim and the making of any payment that the claim strictly complies with this clause. The Builder
will assess the claim and make payment of the amount assessed in accordance with the payment terms in item 11) of
the Schedule.

4.6

If the Subcontractor fails to provide the Builder with satisfactory evidence of payment as required in Clause 4.2.2c), the
Builder may make payments directly to the persons who have not been paid, and the Subcontract Sum will be reduced
by any amount paid by the Builder under this clause.

______________________
CICG Pty Ltd The Builder
Subcontract Agreement

______________________
The Subcontractor
05 September 2012

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4.7

The Subcontractor will not be entitled to the final payment with respect to the Works, including any variations or
retentions, until the Subcontractor returns an original executed copy of the Warranty Form (refer ANNEXURE 7 Warranty Form) in accordance with Clause 9.3.

4.8

The Subcontractor will not be entitled to claim payment for any unfixed goods or materials.

TAXES AND CHARGES


5.1

Unless otherwise stated, any sales tax, Goods and Services Tax, stamp duty or other taxes, import & Customs or any
other duties, fees or cartage are included in the Subcontract Sum.

TIME
6.1

Commencement and Completion


The Subcontractor shall commence the Works on Site by the Commencement Date nominated in the Schedule, or any
other date notified to the Subcontractor by the Builder, and achieve completion by the Works Completion Date
nominated in the Schedule.

6.2

Builder may adjust Times


The Builder may by notice in writing at any time to the Subcontractor, adjust the Works Completion Date, Construction
Program, any Milestone Dates or the sequence for the performance of the Works and the Subcontractor must comply
with the notice at the Subcontractors sole expense.

6.3

Delay Notices and Time Extensions


6.3.1

6.3.2

6.4

The Subcontractor must notify the Builder in writing within three (3) days of the date on which any event which
may cause a delay to the Works occurs. The Builder will grant the Subcontractor an extension of time to the
Works, if, in the Builders opinion the delay will cause a delay to the Works, and the Subcontractor is not directly
or indirectly responsible for the event causing the delay, has taken all practicable steps to avoid or minimise the
delay and, (where applicable) only to the extent that the Builder is granted an extension of time for the delay by
the Principal, provided that;
a)

the Subcontractor has complied with its obligations under Clause 6.3 of this Agreement;

b)

the Subcontractor has taken all steps to anticipate, minimise, mitigate or prevent the delay or the effect
of the delay; and

c)

the delay is beyond the reasonable control of the Subcontractor and is due to:
i

Inclement weather;

ii

acts of prevention by the Builder, Principal or their agents;

iii

any act, default or omission by the Builder, its consultants or agents;

iv

a variation, provided that the Subcontractor has otherwise complied with Clause 7 of this
Subcontract; or

industrial relations not directly caused by, contributed to or involving the Subcontractor
occurring before, on or after the Date for Practical Completion.

d)

the Subcontractor can demonstrate to the satisfaction of the Builder that the delay affects the critical
path of the Subcontractors activities current at the time of the delay.

e)

any extension of time to the Date for Practical Completion granted by the Builder shall be in writing and
signed by the Builders Project Manager.

f)

if some causes of delay fall within Clause 6.3.1 c) and some do not, the Subcontractor must make an
apportionment of the delay according to the respective causes of the delay. If delay caused by the
Subcontractor is concurrent only with delay due to a cause listed in Clause 6.3.1c)iii, then the
Subcontractor will not be entitled to an extension of time for that period of delay.

g)

the Subcontractor must provide any details and information to assist in the assessment of an extension
of time claim as and when requested by CICG.

The Builder may extend the Works Completion Date at any time even if the Subcontractor has not provided a
notice under this clause, but the Builder is under no obligation to exercise this discretion fairly or for the benefit
of the Subcontractor.

Rate of Progress
The Subcontractor shall proceed with the Works expeditiously, must constantly use its best endeavours to avoid delay

______________________
CICG Pty Ltd The Builder
Subcontract Agreement

______________________
The Subcontractor
05 September 2012

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in the progress of the Works and shall do all that may be reasonably required by the Builder to expedite the completion
of the Works. The Subcontractor accepts the financial risks of all increased costs and all losses however incurred or
sustained in the execution of the Works, and which result directly or indirectly from any changes in sequence, delay or
disruption which occurs or arises in connection with the Works. The Subcontractor acknowledges and agrees that any
extension of time granted by the Builder shall be the Subcontractors sole remedy for any delay or delays including,
without limitation, any delay or delays caused by any breach of the Subcontract by the Builder (Delay). The
Subcontractor further acknowledges and agrees that the Subcontractor shall not be entitled to any increase in or
adjustment to the Subcontract Sum, or to any other monetary compensation or damages (including damages for breach
of Subcontract) losses, costs and/or expenses suffered or incurred directly or indirectly by the Subcontractor and/or its
secondary Subcontractors from a Delay, or any disruption caused by the Delay.
6.5

Compliance with Programme


The Subcontractor must comply with any programme requirements directed by the Builder including the preparation and
updating of basic programs for the performance of the Work. The Subcontractor must also cooperate with the Builder
and other Subcontractors on the Project to ensure that the Works are completed as soon as practicable, and in any
event by not later than the Works Completion Date.

6.6

Coordination
The Subcontractor shall ascertain the requirements of other Subcontractors to the Builder, and shall provide the Builder
with all necessary information to enable the Builder to coordinate the installation of the Work so as to minimise
interference with other work, and to secure the execution of the Project in the most efficient manner. The Subcontractor
shall cooperate with the Builder and all other Subcontractors and make all necessary arrangements with the Builder for
access to the Site.

6.7

Liquidated Damages
If the Works do not reach Completion by the Works Completion Date nominated in the Schedule or those dates issued
in the Construction Program as extended under the terms of this Subcontract, the Subcontractor shall pay or allow the
Builder by way of liquidated and ascertained damages the amount specified in Item 14) of the Schedule from the Works
Completion Date up to and including the date the Works reach Completion. The Builder may deduct any liquidated
damages accruing under this Clause from any moneys which may be or thereafter become payable to Subcontractor by
the Builder.
If a delay by the Subcontractor causes or contributes to the Builder becoming liable for liquidated damages under the
Head Contract, in addition to the Subcontractors liability under Clause 6.7, the Subcontractor shall also indemnify the
Builder for its liability for liquidated damages payable under the Head Contract (in the amount specified in Item 15) of
the Schedule) including any other loss or damage that the Builder has incurred the Subcontractor must pay to the
Builder its proportionate share of that loss or damage.
The subcontractor acknowledges and agrees that the liquidated damages payable under Clause 6.7 are a genuine and
reasonable pre-estimate of the loss likely to be suffered by the Builder as a consequence of delay to the Project if the
Subcontractor fails to achieve a Milestone by the date required under the Construction Program or to bring the
Subcontract Works to Completion by the Date for Completion.

VARIATIONS
7.1

The Builder may at any time and from time to time vary the Works by notifying the Subcontractor that the Works are to
be varied and providing details of such variation ('Variation Notification'). A Variation Notification under this clause will
expressly state that it is a Variation Notification issued under this clause of the Subcontract and may include a drawing,
instruction or direction which demonstrates or explains the variation to the Works.

7.2

If the Subcontractor considers that any drawing, instruction or direction issued by the Builder which does not expressly
state that it is a Variation Notification issued under this clause of the Subcontract which will or may give rise to a
variation, it must notify the Builder in writing within five (5) days of issue of the same that the Subcontractor considers it
is a variation. If the Subcontractor fails to provide such notification but nevertheless proceeds to carry out the work
which is the subject of the drawing, instruction or variation, it is not entitled to any claim to the Subcontract Price or to
make any claim for payment under this Subcontract or to any extension of time to the Date for Practical Completion or
otherwise at law.

7.3

Where the Builder issues a Variation Notification, the following provisions apply:
7.3.1

the Subcontractor must carry out the variation (unless the Builder determines that another person will carry out
the work which is the subject of the variation, in which case, the Subcontractor will permit such other person to
carry out that work);

7.3.2

the Subcontractor must provide the Builder with an estimate of the cost and impact on the Date for Practical
Completion of such variation and obtain the Builders consent in writing to the estimate prior to proceeding with
the variation, unless the variation works are of an urgent nature, in which case the Builder may instruct the
Subcontractor to proceed immediately. If the Builder issues such an instruction, the Subcontractor must provide
the Builder with details of the impact of the variation on the cost and Date for Practical Completion as soon as

______________________
CICG Pty Ltd The Builder
Subcontract Agreement

______________________
The Subcontractor
05 September 2012

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possible thereafter;

7.3.3

the actual additional cost or saving in respect of the variation shall be as agreed between the Builder and the
Subcontractor, and absent agreement between them within such period as the Builder may allow, as
determined by the Builder applying reasonable rates;

7.3.4

the Subcontract Price will be increased or decreased, as the case may be, by the additional cost or savings of
the variation as determined by the application of this Clause 7; and

7.3.5

the Date for Practical Completion will be adjusted in accordance with Clause 6.3 and Clause 7 to reflect a fair
period determined by the Builder acting reasonably, provided that the Subcontractor complies with Clause 6.3
and Clause 7.

7.3.6

The Subcontractor must provide any details and measurements to assist in the valuation of a variation as and
when requested by the Builder.

INSPECTION
The Builder shall have the right of access to the Subcontractors premises upon reasonable notice to inspect any work
in progress that is part of the Works.

PROTECTION AND INSTALLATION WORKS


9.1

The Subcontractor shall monitor, protect and fully supervise their Subcontract Works during construction.

9.2

At the commencement of setting out of all or part of the Works, and at regular intervals thereafter, the Subcontractor
shall check the progress of construction on Site:

9.3

9.2.1

to ensure that the set out, location, working dimensions and tolerances shown on the Subcontractors
construction drawings are being adhered to by the Builder and other trades carrying out work adjoining the
Works; and

9.2.2

to ensure that the Works will fit in with other subcontract works as specified and detailed on the Architectural
and set out drawings; and

9.2.3

to compare the relationship between its Works and other approved Subcontractors construction drawings, the
Architectural drawings and any partially or fully completed adjoining works; and

9.2.4

to ensure the timely installation of the Works and to ensure that the Subcontractor is not built out by other
trades; and

9.2.5

to ensure that the dimensions of the Works or any part thereof are compatible with that part of the Works into
which they are to be installed.

Warranty Form
The Subcontractor shall at the completion of the works, execute the Warranty Form, as provided in ANNEXURE 7 Warranty Form, to confirm that all labour, plant & materials have been procured, supplied and installed as per the full
extent of the Subcontract The Works. The Subcontractor agrees to forever warrant and indemnify the Builder for any
omissions to the Subcontract, whenever found for a period not less than seven (7) years from the date of the Head
Contract final certificate. The Subcontractor agrees to warrant the Builder, Beneficiaries or an assigned Beneficiary for
the period as nominated in the Warranty Form that The Works are fit for purpose and complete as per the Subcontract.
It is a condition precedent that an original copy of the Warranty Form shall be executed and returned to the Builder (at
their complete satisfaction) prior to the release of the final progress claim payment or release of Security (Cash
Retention, Bank Guarantee).

9.4

Site Deliveries
The Subcontractor shall ensure the goods and materials delivered to the site are accepted and signed as confirmation
of receipt by the Builder's Site Manager or his representative and stored in a secure place. The Builder shall not be
liable for goods and materials once delivered to site.

9.5

Subcontractor Responsible for on Site Storage


The Subcontractor shall be responsible for the storage, protection and insurance of tools, goods and materials, whether
on or off the Site or in transit. Upon delivery to the Site, all goods and materials shall immediately be properly stacked
and protected from the weather, dampness and dust with particular attention to preventing ingress to working parts and
pipes. The Builder will provide areas to the extent practicable for the Subcontractor to locate a storage shed and other
areas for the storage of materials. The Subcontractor shall be responsible for storing, and for the safety of all
equipment which cannot be accommodated on the Site. Goods and materials built into the structure are to be protected
by the Subcontractor from damage and remain its responsibility until Practical Completion of the Project or as otherwise
determined by the Builder.

______________________
CICG Pty Ltd The Builder
Subcontract Agreement

______________________
The Subcontractor
05 September 2012

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9.6

Subcontractor to comply with the Builders Instructions on Storage


The Subcontractor shall confer with the Builder and accept its instructions with regard to storage of materials,
particularly heavy loads. All goods and materials shall be stored clear of floor slabs on timber packers. Stored goods
and materials may need to be relocated by the Subcontractor, at its expense, as directed by the Builder.

9.7

Ownership of goods
Ownership of all goods and materials delivered to site will remain that of the Subcontractor until installed and/or fixed
into final position in accordance with the subcontract documents and to the complete satisfaction of the Builder. The
Subcontractor shall not remove any goods or materials from site without the prior written consent of the Builder.

9.8

Day Docket Signing


The Subcontractor acknowledges and accepts that the Builder or its Representative may sign a Day Docket upon
request, but in doing so it is only to verify that the works took place and that it does not in any way constitute an
Instruction or Variation pursuant to the Subcontract or is a commitment to make payment.

9.9

Care of Work Under the Subcontract


From and including the earlier of the date of commencement of work under the Subcontract and the date on which the
Subcontractor is given possession of the Site to 4 p.m. on the Date of Practical Completion of the Works, the
Subcontractor shall be responsible for the care of the work under the Subcontract.
Without limiting the generality of the Subcontractors obligations, the Subcontractor shall be responsible for the care of
unfixed items of value which has been included in a payment certificate under Clause 4, things entrusted to the
Subcontractor by the Builder for the purpose of carrying out the work under the Subcontract, things brought on the site
by subcontractors for that purpose, the Works, the Temporary Works and Constructional Plant, and the Subcontractor
shall provide the storage and protection necessary to preserve these items and things, and the Works, the Temporary
Works and Constructional Plant.
After 4 p.m. on the Date of Practical Completion the Subcontractor shall remain responsible for the care of outstanding
work and items to be removed from the site by the Subcontractor and shall be liable for damage occasioned by the
Subcontractor in the course of completing outstanding work or complying with obligations under the Subcontract, any
Site Instructions, any tests required and the Defect Liability Period.

9.10

Insurance of the Works


Before the Subcontractor commences work and before payment of the first Progress Claim, the Subcontractor shall take
out and keep current for the life of the Subcontract an insurance policy with the Builder endorsed on the policy stating
that it is an interested party covering all the things referred to in Clause 9.9, including but not limited to, the Works under
the Subcontract, stock in trade, materials supplied and accidental damage against loss or damage resulting from any
cause whatsoever until the Subcontractor ceases to be responsible for their care.
Without limiting the generality of the obligation to insure, the policy shall cover the Subcontractors liabilities for
reinstatement and things in storage off site and in transit to the Site.

10

DOCUMENTS
10.1

Subcontractor Warranty
The Subcontractor warrants that it has inspected the Site, examined all documents comprising the Subcontract,
obtained all other information necessary to complete the Works, determined the scope and extent of the Works and
assessed the amount of temporary work, and the quality of materials, labour and plant necessary to complete the
Works. The Subcontractor also warrants that the Subcontract Sum allows for all costs necessary to complete the Works
in accordance with this Subcontract.

10.2

Quantities and Dimensions


The Subcontractor must make its own assessment of quantities and must check dimensions at the site before
commencing manufacture or installation. The Subcontractor must remedy at its own cost, any errors in dimensions
measured by the Subcontractor.

10.3

Effect of Builder Approval


Approval or review by the Builder of any drawings or work shall not be deemed to waive or affect any right of the Builder
or reduce the responsibility of the Subcontractor in respect of the Works or permit the Subcontractor not to comply with
or reduce any other obligations of the Subcontractor under the Subcontract. No approval shall constitute an authority
for a variation except when the variation is authorised as provided for in the Subcontract.

11

SITE
The Subcontractor warrants it has inspected the Site, including its surroundings and local conditions, access to it,

______________________
CICG Pty Ltd The Builder
Subcontract Agreement

______________________
The Subcontractor
05 September 2012

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facilities on it or near it and physical conditions above and below the surface and has allowed for all costs associated
with these matters in the Subcontract Sum. Where applicable, the Subcontractor is responsible for accuracy of the set
out of the Works.
12

CLEAN UP
The Subcontractor shall keep the Works clean and tidy and shall regularly remove rubbish. If the Subcontractor fails to
observe this requirement, the Builder may carry out or procure the removal of such rubbish and deduct the cost so
incurred from any payment otherwise due to the Subcontractor.

13

DEFECTS LIABILITY PERIOD


13.1

Defect Rectification
If any defects are caused by or discovered in goods or materials supplied by the Subcontractor or work undertaken by
the Subcontractor, the Subcontractor must rectify them at the Subcontractors expense within the time instructed by the
Builder.

13.2

Defect Liability Period


The defects liability period commences on the date of Practical Completion under the Head Contract and continues until
the expiry of the defects liability period under the Head Contract. If the Subcontractor does not rectify the defects to the
satisfaction of the Builder within any period of time notified to it by the Builder during the defects liability period, the
Builder may extend the defects liability period or may arrange for the rectification of the defects to be carried out by
another person at the Subcontractors expense.

14

ASSIGNMENT
The Subcontractor must not assign or sub-let any part of the Subcontract or the Works without the Builders written consent.

15

SITE INSTRUCTIONS
The Subcontractor must carry out any lawful instruction which the Builder gives to the Subcontractor in writing relating to any
aspect of the Works within the prescribed time on the Instruction or where no time is prescribed, within a reasonable time.

16

SUPERVISION
16.1

Subcontractors Representative
While the Works are being carried out, the Subcontractor must always have on Site a competent supervisor who can
communicate with other people on site, and who is authorised to receive instructions or requests from the Builder
("Supervisor"). Any instruction given to the Supervisor by the Builder's Site Manager or his representative shall be
deemed to be given to the Subcontractor.
The Supervisor must be familiar with all safety procedures applicable to building projects similar to the Project. The
Builder may direct the Subcontractor to replace the Supervisor if the Builder considers that the Supervisors conduct
may prejudice the successful and timely completion of the Project. The Subcontractor shall ensure as far as possible
that the same staff stay on the Project from the date of commencement on Site to the Works Completion Date.

16.2

Control of Employees
The Subcontractor shall ensure that all employees for whom it is responsible remain working on Site at all times while
alleged industrial or similar disputes are being discussed between the Builder, the relevant Safety Committee and/or
Union Representatives.
The Subcontractor shall immediately inform the Builder of any industrial relations issues which arise in connection with
the Works, and shall comply at its own cost with the Builders directions on those issues.

16.3

Dismissal and Removal of Employees


The Supervisor shall, on the request of the Builder, dismiss from the Works any person who may cause trouble, be
incompetent and/or misconduct himself on the Site, and that person shall not again be employed on the Works without
the permission of the Builder. The Supervisor shall keep all persons employed by the Subcontractor and/or its
Subcontractors under control within the boundaries of the Site.

16.4

Site Agreement
The Subcontractor shall ensure that it and its subcontractors are familiar with, and comply with all relevant Federal and
State Government Workplace Industrial Agreements / requirements relevant to the performance of the Works. The
Subcontract Sum includes an allowance for all costs and expenses resulting from those agreements in relation to the
performance of the Works.

17

SECURITY FOR PERFORMANCE

______________________
CICG Pty Ltd The Builder
Subcontract Agreement

______________________
The Subcontractor
05 September 2012

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17.1

Security / Retention
The Subcontractor must provide security / retention for performance of its obligations under the Subcontract as set out
in item 12) of the Schedule.

17.2

Reduction of Security / Retention


The Builder will reduce the Subcontractors security / retention as set out in item 13) of the Schedule.

18

SAFETY
18.1

General
18.1.1 The Subcontractor shall carry out the whole of the Works in a thoroughly safe manner and in particular shall:

18.2

a)

conform and procure that its subcontractors conform to the requirements of all relevant Acts or Statutes
of Parliament, Regulations, By-Laws or orders, and any agreement between the Builder and the Unions
relating to the safety of persons on or about the Site;

b)

ensure that all tools and tackle, gear, staging, scaffolding, ladders, machines, winding arrangements
and other equipment used in connection with the Works are of adequate strength and safe for use and
are tested and labelled in accordance with, and comply with, the Rules and Regulations of any relevant
Authority;

c)

immediately discontinue or procure the discontinuance by others of any practice or remove any
equipment which becomes or is likely to become unsafe;

d)

ensure the removal from the Project promptly of any of its employees or representatives or those of any
subcontractor whose conduct tends to create any dangers to themselves or others or to the Project;

e)

maintain in position any safety barricades, screens, work protection, etc. placed in position by the
Builder or any other Subcontractor. If safety barricades, screens, work protection, etc. are required to
be moved in order for the Subcontractor to carry out its obligations, the Subcontractor shall consult with
the Builder prior to moving any safety barricades, screens, work protection, etc., and

f)

Comply with any direction given by the Builder's Site Manager.

g)

Adhere to, and by way of executing Annexure 9 agree to specific CICG HSE requirements for the
project

Induction
The Subcontractor shall ensure that each of its employees attends a site specific induction and submits a Trade
Specific Safe Work Method Statement (SWMS) on site prior to its employees starting work and that an accurate record
of these inductions and attendees is maintained on the Site.

18.3

Maintenance of Scaffolding and Elevated Work Platforms


18.3.1 The Subcontractor must:

18.4

a)

provide, maintain and ensure its employees use all scaffolding necessary for the execution of the
Works;

b)

ensure that any scaffolding so provided complies with the requirements of all relevant authorities having
jurisdiction over the Works or the Project;

c)

provide adequate supervision for all labour employed by the Subcontractor; and

d)

ensure that any elevated work platforms used by the Subcontractor are serviced and maintained in
accordance with the recommendations of the manufacturer, and maintain on Site a copy of the service
and maintenance records for all elevated work platforms.

Subcontractors General Safety Obligations


The Subcontractor must provide written safety procedures for the Works, and provide all safety equipment and
materials.

18.5

Subcontractor to indemnify the Builder


18.5.1 If the Subcontractor:
a)

fails to comply with any safety requirement; and

b)

the Builder incurs losses or additional cost and expense as a consequence of that failure,

______________________
CICG Pty Ltd The Builder
Subcontract Agreement

______________________
The Subcontractor
05 September 2012

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18.5.2 the Builder shall be entitled to deduct the losses, cost and expense so incurred from any monies due to or which
may become due to the Subcontractor.
19

SUBCONTRACTOR TO REMEDY DAMAGE TO OTHERS WORKS


The Subcontractor shall be responsible for making good at its expense any damage to the work of other subcontractors or
Public Authorities works, services, fencing/safety paths, piping, roadways, kerbs and guttering or any adjoining property which
may be disturbed and/or damaged due to the execution of the Works. All necessary repairs shall be carried out promptly, or
they may be carried out by the Builder, and the costs deducted from the Sub Subcontract Sum.

20

SET OFF
20.1

21

The Builder may, by giving the Subcontractor prior written notice at any time, set off any of the following amounts
against any amount payable by the Builder to the Subcontractor.
a)

any amount the Subcontractor is required to pay under this Subcontract;

b)

any costs the Builder incurs by doing something the Subcontractor is required to do under this
Subcontract;

c)

any amount by which, in the Builders reasonable opinion, the value of the Works is reduced because
the Subcontractor has failed to comply with any of its obligations under this Subcontract;

d)

any loss or costs or expenses incurred by the Builder as a consequence of any breach of this
Agreement by the Subcontractor.

NOTICES
Where a notice or instruction has to be given under this Subcontract, it may be given by hand, facsimile transmission, email
transmission or sent by post to the address set out in this Subcontract, or a substitute address that has been notified in writing
to the other party.

22

TIME BAR FOR CLAIMS


22.1

23

Except as provided for elsewhere in this Subcontract, the Subcontractor shall not have any right to receive payment of
or recover a claim for money against the Builder arising out of the Works or the Subcontract (other than progress
claims), unless the Subcontractor gives to the Builder:
a)

a written notice not later than five (5) days after the first occurrence of the event on which the claim is
based, stating that it intends to make a claim; and

b)

a further written notice within five (5) days of the first notice, providing detailed particulars of the basis
for and the amount of the claim.

DEFAULT BY THE SUBCONTRACTOR AND RIGHTS OF THE BUILDER


23.1

Subcontractor Default
23.1.1 If in the Builder's opinion the Subcontractor is in default of any of its obligations under the Subcontract, the
Builder may issue notification to the Subcontractor of its default in the form of a Corrective Action Report.
23.1.2 The Subcontractor shall be deemed to be in default with respect to the subcontract if:
a)

the Subcontractor wholly or partly suspends the Works without reasonable cause;

b)

the Subcontractor fails to proceed with the Works regularly and diligently in a competent manner or fails
to proceed with the Works in accordance with the Construction Program, and does not remedy that
failure within five (5) days of being notified in writing by the Builder of that failure;

c)

the Subcontractor fails to comply or unreasonably delays in complying with an instruction or direction
given by the Builder;

d)

the Subcontractor breaches any other term or condition of this Subcontract and does not remedy that
breach within five (5) days of notice being given to the Subcontractor by the Builder setting out the
nature of the breach;

e)

the Subcontractor is or becomes insolvent;

f)

execution is levied against the Subcontractor by any of its creditors; or

g)

a mortgagee, administrator or Controller (as defined in the Corporations Act 2001 (Cth)) seeks to
exercise any right of possession, management or control over any of the Subcontractor's property or is
appointed to the Subcontractor,

______________________
CICG Pty Ltd The Builder
Subcontract Agreement

______________________
The Subcontractor
05 September 2012

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23.2

Content of a Corrective Action Report


23.2.1 A Corrective Action Report issued under this Clause shall:

23.3

a)

state that it is a Corrective Action Report;

b)

provide details of the manner in which the Subcontractor is in default under the Subcontract;

c)

specify 'immediate corrective actions' to be taken by the Subcontractor, being steps that are required to
be taken by the Subcontractor in order to remedy its default; and

d)

specify the timeframe within which these steps are required to be taken.

Failure to comply with a Corrective Action Report and rights of the Builder
23.3.1 If the Subcontractor fails to take the steps specified in a Corrective Action Report issued under this Clause 23
and/or to remedy the default identified in the Corrective Action Report within three (3) business days, the Builder
may by giving written notice to the Subcontractor:

23.4

a)

take out of the hands of the Subcontractor the whole or any part of the Works remaining to be
completed; or

b)

terminate the Agreement.

Rights of the Builder upon taking over the whole or part of the Works
23.4.1 If the Builder takes over the Works, or any part of the Works, it may:
a)

employ other people to carry out and complete all or part of the Works at the Subcontractors expense;
and

b)

use any of the Subcontractors plant, tools or equipment for the purposes of completing the Works
without payment of compensation to the Subcontractor;

23.4.2 The Builder will not be required to make any further payments to the Subcontractor until the Works,

23.5

a)

are completed and a final accounting of the respective financial entitlements of the Builder and the
Subcontractor has been undertaken. Following the carrying out the final accounting of the financial
entitlements of the Builder and the Subcontractor, the Builder shall provide the Subcontractor with a
written reconciliation setting out the cost incurred by the Builder in completing the Works, including the
calculations employed in arriving at that cost, the amount that would have been paid to the
Subcontractor if the Works had been completed by the Subcontractor, and the difference between these
2 amounts.

b)

if the cost incurred by the Builder in completing that part of the Works taken out of the hands of the
Subcontractor is greater than the amount that would have been payable to the Subcontractor had it
carried out the Works, the difference shall be a debt due to the Builder. Whereas, if the cost incurred by
the Builder in completing the Works is less than the amount that would have been payable to the
Subcontractor, the difference shall be a debt due to the Subcontractor.

Builder's right to immediately terminate the Subcontract


Without prejudice to any other rights or remedies available to the Builder, if in the Builders opinion, the Subcontractor
commits a serious and material breach of its obligations under this Subcontract or has not proceeded with the Works
competently or with reasonable diligence, the Builder may terminate the Subcontract by giving written notice to the
Subcontractor.

23.6

Termination for Financial Default


23.6.1 The Builder may terminate the Subcontract by written notice to the Subcontractor if:
a)

the Subcontractor dies; or

b)

the financial position of the Subcontractor changes materially subsequent to the date of the
Subcontract; or

c)

the Subcontractor tries to enter into a composition or arrangement with creditors; or

d)

any attempt is made to wind the Subcontractor up, bankrupt the Subcontractor, make the Subcontractor
insolvent, appoint an administrator or official manager or receiver for any of the Subcontractors property
or undertaking; or

e)

an execution is levied against the Subcontractor.

______________________
CICG Pty Ltd The Builder
Subcontract Agreement

______________________
The Subcontractor
05 September 2012

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23.7

Termination for Convenience


The Builder may at any time for any reason terminate this Subcontract by written notice to the Subcontractor referencing
this provision of the Subcontract. In the event that the Subcontract is terminated pursuant to this clause the
Subcontractor shall be entitled to payment for work performed and for materials reasonably ordered, which cannot be
restocked, upon title passing to the Builder. The Subcontractor shall have no other Claim against the Builder.

23.8

Builders Limit of Liability


23.8.1 If the Builder repudiates the Subcontract and the Subcontractor terminates the Subcontract, the Subcontractor
is;
a)

only entitled to claim damages for breach of contract; and

b)

not entitled to a quantum meruit.

This clause shall survive termination of the Subcontract.


24

25

DISPUTE RESOLUTION
24.1

If a dispute arises under this Subcontract, either party may at any time give written notice to the other requesting that a
settlement meeting take place. The notice shall provide sufficient details of the matter in dispute to enable the party
notified to investigate the basis of the dispute. Nominated representatives of both parties must meet within fourteen (14)
days of the notice, and endeavour to resolve the dispute in good faith.

24.2

If after fourteen (14) days of the settlement meeting, the dispute remains unresolved, the dis-satisfied party may pursue
its claim by litigation.

24.3

Despite the existence of a dispute, the Subcontractor shall continue to perform and execute the Works in accordance
with the Subcontract.

CONFIDENTIALITY
25.1

26

27

Except as required by the law, the Subcontractor shall ensure that any information provided to the Subcontractor during
the course of the execution of the Subcontract Works shall not, without the prior written consent of the Builder, be used
by the Subcontractor or supplied or conveyed to any other party for any purpose other than the execution of the
Subcontract Works in accordance with this Contract.

LIABILITY, INDEMNITY AND INSURANCE


26.1

The Subcontractor hereby indemnifies the Builder, its employees, agents and consultants against any loss, damage,
injury or liability howsoever arising (including consequential loss and payments to third parties) in respect of the Works
or through the execution of the Works whether to buildings, goods or property of any kind or persons.

26.2

The Subcontractor shall compensate the Builder, its employees, agents and consultants in full regarding or in
connection with any such loss, damage, injury or liability. The Builder may deduct from any moneys otherwise due or
becoming due to the Subcontractor under the Subcontract such loss, damage, injury or liability in whole or in part.

26.3

The Subcontractor shall effect and maintain the insurances specified in the Schedule and upon request provide
certificates of currency in a form acceptable to the Builder.

COMPLIANCE WITH THE LAW


The Subcontractor must comply with any requirement under any legislation, regulations, awards, orders, codes, standards and
ordinances of relevant authorities applicable to the Works and the Subcontract.

28

ENTIRE AGREEMENT
The parties acknowledge that this Subcontract constitutes the entire, final and concluded agreement between the parties. It
supersedes all previous arrangements, correspondence, tenders, representations, proposals, understandings and
communication whether oral or in writing and applies retrospectively to any work carried out by the Subcontractor relating or in
connection to the Works prior to execution of the Subcontract.

29

BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2002 (THE ACT)
29.1

Payment Claim
For the purposes of the Act a claim for payment under Clause 4.2 is, subject to compliance with the requirements of the
Act, a Payment Claim.

29.2

Payment Schedule
Within fourteen (14) days of receipt of a Payment Claim from the Subcontractor, the Builder will issue a Payment
Schedule including the amount that the Builder intends to pay to the Subcontractor in response to the Payment Claim,

______________________
CICG Pty Ltd The Builder
Subcontract Agreement

______________________
The Subcontractor
05 September 2012

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the date on which payment is to be made, any items in the Payment Claim that are excluded amounts and if the amount
to be paid is less than the amount claimed, the reason for withholding payment.
29.3

Nominating authority for adjudication


The authorized nominating authority for the purpose of adjudication under the Act shall be Rialto Adjudications, RICS or
LEADR.

29.4

Adjudication Determination
When issuing any adjudication determination the Adjudicator must include in the determination the reasons for the
determination.

29.5

Secondary Subcontractors
If a person engaged by the Subcontractor to supply materials or labour and materials ("Secondary Subcontractor")
becomes entitled to suspend work under the Act or if the Builder becomes obliged to or entitled to make a payment to a
Secondary Subcontractor or other person engaged by the Subcontractor to perform work under the Subcontract, the
Builder may (in its absolute discretion) pay the Secondary Subcontractor or other person any money that is or may be
owing to the Secondary Subcontractor in respect of that work, and the Subcontract Sum shall be reduced by a sum
equal to any amount paid by the Builder.

29.6

Indemnity on Subcontractor Suspension


The Subcontractor shall indemnify the Builder against all damage, expense (including legal costs), loss (including
consequential and economic loss) or liability of any nature suffered or incurred by the Builder arising out of a suspension
under the Act by a Secondary Subcontractor of work which forms part of the Works.

29.7

Lien
If any person becomes entitled to a lien over the Works or any part of the Works by reason of monies said to be owed to
that person by the Subcontractor, the Builder may in its absolute discretion pay to the Secondary Subcontractor or
person, the amount said to be owed.
The Subcontract Sum shall be reduced by an amount equal to the amount paid by the Builder together with costs
incurred by the Builder in dealing with the lien.

______________________
CICG Pty Ltd The Builder
Subcontract Agreement

______________________
The Subcontractor
05 September 2012

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ANNEXURE 1 - SCOPE OF WORKS - GENERAL


1.

The Subcontractor shall make all allowances for the following General and Trade Specific Scope of Works, and for all other
incidental work whether or not stated in this Scope of Work, the drawings and/or specifications, all as required for the due and
proper completion of the Works. This document shall form part of the Subcontract.

2.

The Subcontract shall be a Lump Sum Subcontract (not subject to rise and fall). The Subcontractor acknowledges that they
have the relevant skill, experience and expertise to complete the Works. The Subcontractor will be expected to show initiative
when dealing with and resolving design and/or coordination matters and all buildability issues associated with this Subcontract.
CICG will not accept any claims for additional cost and/or time for design and/or coordination matters that the Subcontractor
should have reasonably been able to foresee.

3.

The Subcontractor agrees it has viewed the following project tender documentation and has included for all items relevant to the
trade works, including;
a)

Scope of Works - General.

b)

Scope of Works - Trade specific.

c)

Subcontract Agreement terms and conditions, including special conditions (as applicable).

d)

Tender Drawing/s as listed on the Document Transmittal provided.

e)

Tender Specification/s as listed on the Document Transmittal provided.

f)

Other Tender Documents as listed on the Document Transmittal provided.

g)

Construction Program.

The Subcontractor further acknowledges that it has been afforded the opportunity of reviewing all project documentation
whether or not relevant to its particular trade, with a view to ensuring that all works are fully allowed for in its tender.
4.

The Subcontractor shall allow for Site Allowance adjusted in accordance with CPI and all in accordance with the relevant Award
and/or Industry Agreement.

5.

Site Services the supply of Site Services is agreed as follows.


a)

b)

c)

d)

Site Accommodation
i.

Lunch Room/s by CICG.

ii.

Toilets/Change/First Aid by CICG.

iii.

Store / Shed and relocation as necessary, including all service connections by Subcontractor.

iv.

Office facilities and relocation as necessary, including all services connections by Subcontractor.

Temporary Services
i.

Supply and nominal distribution of temporary electrical switchboards by CICG.

ii.

Electricity supply from the temporary electrical switchboards to the work face by the Subcontractor.

iii.

Testing, tagging and commissioning of all electrical equipment by the Subcontractor.

iv.

250 volt electricity supply by CICG.

v.

3 phase / 440 volt electricity supply by the Subcontractor.

vi.

Electrical leads / lead hooks / stands / lamps by the Subcontractor.

Lighting
i.

General access lighting by CICG.

ii.

Specific task lighting by the Subcontractor.

Water
i.

e)

f)

Temporary cold water supply (circa 20mm) to nominal locations by CICG.

Access / Egress
i.

Supply and maintain primary access and egress roads and/or paths by CICG.

ii.

All task specific access and egress roads and/or paths by the Subcontractor.

Builders Plant & Equipment

______________________
CICG Pty Ltd The Builder
Subcontract Agreement

______________________
The Subcontractor
05 September 2012

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i.

Quik Stage (steel) scaffolding by the Subcontractor.

ii.

Mobile scaffolds by the Subcontractor.

iii.

Scissor and boom lifts by the Subcontractor.

iv.

Tower crane by CICG (where applicable).

v.

Mobile cranage by the Subcontractor.

vi.

Man and Materials Hoist by CICG (where applicable).

vii.

Builders Lift by CICG (where applicable).

viii.

All horizontal and vertical materials handling shall be by the Subcontractor.

ix.

g)

All traffic management for trade deliveries shall be performed by the Subcontractor using suitably qualified staff in
accordance with all relevant Worksafe and/or VicRoad Standards, including the obtaining of all permits and payment
of all fees as required.

General
i.

Telephones, facsimiles and mobile telephones by the Subcontractor.

ii.

All prototypes by the Subcontractor.

iii.

All setting out shall be by the Subcontractor.

iv.

Grid lines shall be established by CICG.

v.

The initial TBM shall be established by CICG.

vi.

The Subcontractor will be fully responsible for a daily clean up of their subcontract works area/s.

vii.

CICG will provide a nominal distribution of skip bins (or equivalent). The Subcontractor will be responsible to
dispose of all rubbish and/or trade waste to this location/s on a daily basis.

viii.

Protection of trade specific works shall be by the Subcontractor.

6.

The Subcontractor confirms that it has visited site to ascertain the site conditions and accepts those conditions including all
access / egress.

7.

The Subcontractor accepts that storage of materials on site is limited and as a result should allow for additional deliveries as
required.

8.

The Subcontractor is to advise CICG of any Specialist Subcontractors that it intends to engage to carry out any or all of its
Subcontract works. All terms and conditions that bind the Trade Subcontract must mirror in any Specialist Subcontract.

9.

The Subcontractor is to advise CICG of any specialist equipment that it proposes to use in the execution of this Subcontract.

10.

The Subcontractor is responsible to ensure all employees report to the Site Office for registration and site induction prior to
commencing any works on the site. Prior to site induction the Subcontractor is responsible to ensure all its employees are in the
possession of an industry Induction Card (e.g. Red Card). Subcontractors are required to provide to the Site all site induction
documentation including SWMS, etc. at least 24 hours prior to commencement of the subcontract works on site for review and
acceptance. CICG will not be held responsible for any delays in commencing works on site arising from the Subcontractors
failure to comply with this instruction.

11.

The Subcontractor confirms its offer complies with and makes all due allowance for the Subcontractors obligations under any
industrial agreement. All works will be carried out in accordance with relevant Code of Practice, Occupational Health and Safety
Act 2004 and Plant Regulations 1995.

12.

The Subcontractor shall allow for a six (6) day (56 hour) working week. Site working hours will be 7:00am to 5:30pm Monday to
Thursday, 7:00am to 3:30pm Friday and 7:00am to 2:30pm Saturday unless otherwise advised by Site Management.

13.

Allow to provide full and proper supervision of the Subcontractors own site employees including provision of a full-time
competent Foreman / Supervisor.

14.

The Subcontractor shall allow for all trade specific safety signage and barricading as required to carry out their works and
maintain the works area in a safe state at all times.

15.

The Subcontractor acknowledges that the Works are being undertaken in an operational and functional TAFE environment. All
efforts must be made to minimize noise, disruption, dust, vibration and the like during execution of the Works. No damage shall
be caused to nearby and/or adjacent structures.

16.

Allow to coordinate the Works with other trades as necessary.

17.

The Subcontractor shall allow for attendance by a Senior Supervisor of the Subcontractor at weekly Subcontractor Meetings
and separate weekly Site Safety Walks, or at such other times as reasonably requested by CICG.

______________________
CICG Pty Ltd The Builder
Subcontract Agreement

______________________
The Subcontractor
05 September 2012

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18.

Allowance must be made for Quality Assurance (QA) submissions in accordance with the specification, all relevant standards
and the Subcontract, including calibration records for equipment.

19.

References within the Specification to "the Builder" or Contractor shall mean Subcontractor for the purpose of this Subcontract.

20.

Allowance must be made to ensure all works and finishes are within specified tolerances for line, level, length, depth, width, etc.

21.

Where applicable, the Works are to be completed in Separable Portions as described in the tender documents. The
Subcontractor agrees to undertake and complete the Works by the dates and in the sequence / staging outlined in the tender
documents and construction program as amended from time to time.

22.

Due Allowance must be made to ensure that the Subcontractor does;


a)

not effect progress of other trades,

b)

not damage the work of other trades,

c)

provide reasonable access for other trades,

d)

maintain the site in clean and tidy state on a daily basis,

e)

fully clean the site of all debris in connection with their work on completion;

f)

provide all plant and equipment registers including log books and maintenance records.

23.

The Subcontractor shall allow to liaise and coordinate fully with relevant authorities in relation to all trade specific applications,
calculations, submissions, tests and fees all as required for the due and proper completion and certification of the Works.

24.

The Subcontractor will be responsible for all costs arising from any industrial action caused by the Subcontractor and affecting
the Works.

25.

All manufactured materials and/or equipment shall be delivered to site in original packages, containers and/or bundles. The
Subcontractor shall ensure that all materials and/or equipment is protected and stored in a safe, dry location as approved by the
Site Manager.

26.

Prior to commencement of works on site, the Subcontractor must provide copies of current Certificates of Currency for Workers
Compensation, Public Liability Insurance and any other insurance applicable to the Subcontract.

27.

If active thermal and/or smoke detectors are installed in the vicinity of the works, the Subcontractor is to adequately cover the
detectors to prevent entry of dust. Should dust enter the detectors and result in the alarms being set off the Subcontractor will
be responsible for paying any charges / costs incurred by the building owner or CICG.

28.

The Subcontractor will be required to complete a Statutory Declaration in the form attached with each and every Progress Claim
submitted. Failure to provide the required documentation with each and every Progress Claim will delay processing of the
subject claim.

29.

All on-site storage and safekeeping of the subcontractors materials, tools and equipment is the responsibility of the
Subcontractor at all times, including the insurance of said items. CICG takes no responsibility for any loss, theft, or damage to
said items, including those not covered by the Subcontractors insurance.

30.

National Code of Practice for the Construction Industry


a)

The subcontractor 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, August 2009
(Guidelines). Copies of the Code and Guidelines are available at deewr.gov.au/building.

b)

The subcontractor and its related entities agree to 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:

c)

d)

i.

Inspect any work, material, machinery, appliance, article or facility;

ii.

Inspect, copy and record anything relevant to the Project and Works the subject of this Subcontract; and

iii.

Interview any person.

The subcontractor must maintain adequate records of the compliance with the Code and Guidelines by;
i.

The Contractor;

ii.

Its Subcontractors;

iii.

Consultants; and

iv.

The related entities.

The Subcontractor must not appoint a secondary contractor / subcontractor or consultant in relation to the project where:
i.

The appointment would breach a sanction imposed by the Minister for Employment and Workplace Relations; or

______________________
CICG Pty Ltd The Builder
Subcontract Agreement

______________________
The Subcontractor
05 September 2012

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ii.

31.

The secondary subcontractor / 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.

e)

If the Subcontractor does not comply with the requirements of the Code or the Guidelines in the performance of this
Subcontract 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 subcontractor or a related entity in respect of work funded by the Commonwealth or its agencies.

f)

For the avoidance of doubt, Code compliance also applies to the Subcontractors new privately funded construction work.

The subcontractor will be bound to comply with all CICGs Policies and Procedures including but not limited to Environment,
Health and Safety Guidelines. A copy of CICGs Policies and Procedures may be obtained by request from CICGs head office.
Any breach of CICGs Policies and Procedures will be deemed a material breach of this Subcontract and may result in
disciplinary action being taken against the Subcontractor by CICG under the guidelines of the Subcontract.

Health, Safety and Environment


32.

The Subcontractor shall allow for the supply of all personal & protective equipment (PPE) as required for staff employed on the
project site to the satisfaction of CICG.

33.

The Subcontractor must allow to comply with all Occupational Health and Safety (OH&S) Codes of Practice, Guidance Notes
and Australian Standards as applicable.

34.

The Subcontractor must make due allowances to undertake all necessary workplace hazard identification and risk assessment.

35.

A Safety Committee will be established on the site. A Designated Work Group (DWG) representative may be elected from the
Subcontractors employees. The Subcontractor confirms that any such costs associated with this requirement are included.

36.

The Subcontractor confirms that it shall bear responsibility and be liable for damages to CICG for any breach of HS&E
standards or legislative requirements.

37.

The Subcontractor confirms that it has made due allowances and will submit a HS&E Management System prior to
commencement on Site.

38.

Allow to provide all necessary Safe Work Method Statements / Risk Assessments / Maintenance Logs and the like, all to the
complete satisfaction of CICG and WorkCover.

39.

Adhere to, and by way of executing Annexure 9 agree to specific CICG HSE requirements for the project

Project Completion
40.

The Subcontractor shall allow for a 52 week Defects Liability Period unless stated otherwise in the Specification or Scope of
Works.

41.

The Subcontractor shall provide for all as-built drawings, operating and maintenance manuals, applicable warranties and
guarantees, all as required by the project Specification and/or under the Subcontract. Final payment will not be made until all
such documentation is provided to the complete satisfaction of CICG.

42.

The Subcontractor shall complete all outstanding items of work by not later than one week from the commencement of the
Defects Liability Period. If items are not completed within the stated period, the Defects Liability Period and Maintenance Period
shall be extended by the amount of excess time taken to complete them.

______________________
CICG Pty Ltd The Builder
Subcontract Agreement

______________________
The Subcontractor
05 September 2012

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ANNEXURE 2 - SCOPE OF WORKS TRADE SPECIFIC

______________________
CICG Pty Ltd The Builder
Subcontract Agreement

______________________
The Subcontractor
05 September 2012

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ANNEXURE 3 - SUBCONTRACT DOCUMENTS


(INSERT THE DOCUMENT REGISTER THAT CONFIRMS ALL THE DRAWINGS, SPECIFICATIONS, SCHEDULES AND THE LIKE
THAT BIND THE SUBCONTRACT AGREEMENT)

______________________
CICG Pty Ltd The Builder
Subcontract Agreement

______________________
The Subcontractor
05 September 2012

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ANNEXURE 4 - SUBCONTRACT PROGRAM

______________________
CICG Pty Ltd The Builder
Subcontract Agreement

______________________
The Subcontractor
05 September 2012

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ANNEXURE 5 - DEED OF RELEASE AND INDEMNITY

______________________
CICG Pty Ltd The Builder
Subcontract Agreement

______________________
The Subcontractor
05 September 2012

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ANNEXURE 6 - SUBCONTRACTOR STATUTORY DECLARATION


STATUTORY DECLARATION
STATUTORY DECLARATIONS ACT 1959
Project Name: ________________________________________________________________________________________________
Progress Claim No.: ____________________________________________________________________________________________
I, __________________________________________________________________________________________________________
(name)
of __________________________________________________________________________________________________________
(address)
in the state of ________________________________________________________________________________________________
(state)
do hereby solemnly declare and affirm that:
1. I am a representative of ___________________________________________________________________________________
(the Subcontractor) (company name)
who is in a position to know the facts declared below, and
2. That all workers who have at any time been employed by the Subcontractor on work under the Subcontract or in connection with
the Subcontract have at the date of this declaration been paid all moneys due and payable to them in respect of their employment
on the work under the Subcontract or in connection with the Subcontract, and
3. That all Subcontractors, Suppliers and Consultants have at the date of this declaration been paid all moneys due and payable to
them in respect of work under the Subcontract.
4. All insurances required under the Subcontract Agreement are current and all premiums have been paid on the date of the draw
down.
5. Confirm that the subcontractor, all secondary contractors, suppliers and consultants have and will continue to maintain National
Code compliance.
I acknowledge that this declaration is true and correct, and I make it with the understanding and belief that a person who
makes a false declaration is liable to the penalties of perjury.

Declared at ____________________________________________

this _____________day __________________________of 20____

.......................................................................
Signature of person making this declaration
[to be signed in front of an authorised witness]

Before me,

Signature of Authorised Witness


The authorised witness must print or stamp his or her name, address and title under section 107A of the Evidence (Miscellaneous Provisions) Act 1958 (as
of 1 January 2010), (previously Evidence Act 1958), (eg. Justice of the Peace, Pharmacist, Police Officer, Court Registrar, Bank Manager, Medical
Practitioner, Dentist)

______________________
CICG Pty Ltd The Builder
Subcontract Agreement

______________________
The Subcontractor
05 September 2012

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ANNEXURE 7 - WARRANTY FORM


(Clause 9.3)
THIS DEED POLL is made on the;
By;

Name of Subcontractor:
Subcontractor Address:

ACN / ABN:
For the project known as:
Project Address:
Pursuant to Clause 9.3 it is a requirement imposed by the Builder that the Subcontractor warrants (all labour, Plant & materials) that the works as defined in
the Subcontract have been successfully completed, that they are fit for purpose, meet all relevant Codes of Practise, Australian Standards, Local &
Statutory Authorities and satisfy all the relevant requirements of the drawings, Specifications & the Subcontract.
In addition to the above the following supply warranties are to remain in force for the warranty period stipulated below for the benefit of the persons named
in the Schedule to the Deed as follows;
1.
Commencing on the Date of Completion of the Works, the Product will satisfy the requirements of the Specification.
2.
The persons named in the Schedule may assign the benefits and rights accrued under this Deed.
3.
This Deed Poll shall not be revoked or otherwise modified without the prior written consent of those persons named in the Schedule.
4.
This Deed Poll is governed by the laws of the State of Victoria.
WARRANTY SCHEDULE
Item
Specification Section
Clause
Page No
Warranty for
Warranty Period

PERSONS NAMED IN THE SCHEDULE TO THE DEED


Persons Named
Commercial Industrial Construction Group Pty Ltd
(CICG) The Builder

Address
Level 4
63 Stead Street
SOUTH MELBOURNE VIC 3205

ACN
091 460 230

ABN
42 091 460 230

The Principal (Client)


This document must be executed below as a Deed by those persons who are authorised to execute Deeds for and on behalf of the Company;

Director: .......................................................................................................

Director:.......................................................................................................

Print Name: ..................................................................................................

Print Name: .................................................................................................

Date: ............................................................................................................

Date: ............................................................................................................

The above signatures of the persons executing this Deed must be signed in front of an authorised witness in accordance with Section 107A of
the Evidence (Miscellaneous Provisions) Act 1958

Declared at ____________________________________________

this _____________day __________________________of 20____

....................................................................................
Signature of person making this declaration
[to be signed in front of an authorised witness]

Before me,

Signature of Authorised Witness


The authorised witness must print or stamp his or her name, address and title under section 107A of the Evidence (Miscellaneous Provisions) Act 1958 (as
of 1 January 2010), (previously Evidence Act 1958), (eg. Justice of the Peace, Pharmacist, Police Officer, Court Registrar, Bank Manager, Medical
Practitioner, Dentist)

______________________
CICG Pty Ltd The Builder
Subcontract Agreement

______________________
The Subcontractor
05 September 2012

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ANNEXURE 8 - PAYMENT CLAIM TEMPLATE


Pursuant to Clause 4, the Subcontractor shall provide the below minimum requirements with each Payment Claim to enable the Builder to accurately
assess the Progress Claim. Prior to the first Payment Claim the Subcontractor shall provide the Builder with a thorough breakdown of the Base Subcontract
Works and prior to the payment of the first Payment Claim the Builder shall approve the breakdown provided the information submitted meets with the
Builders satisfaction.
For Example;
From:

ABC Concrete

To:
Attention:
Project:
Subcontract Ref
No:

Commercial Industrial Construction Group Pty Ltd


John Sample
ABC Project
B-01-01

Base Subcontract Works


Item Ref
Description of Work, Goods / Services

1
2
3
4
5

Preliminaries
Concrete supply only
Formwork (labour & materials)
Reinforcement (labour & materials)
External Paving
Total Original Subcontract Sum:

Variation Claims
Variatio
CICG Site
n No
Instruction
No

01
02
03

10101
30445
45000

Architect
or
Consultant
Reference

Descriptio
n of Work,
Goods or
Services

AI-044
CAN 32
SI 34

Blinding
Add Reo
New wall

Total Variation Claims:

Payment Claim No:


Payment Claim Date:
Payment Claim Month:

Subcontract
Trade Break Up
Value

%
Claimed as
Complete

$ 15,000.00
$ 100,000.00
$ 20,000.00
$ 35,000.00
$ 20,000.00

$ 200.00
$ 500.00
$ 750.00

Subcontractor Claim Details


Value of
Less Value
Subcontractor Claim
Previously
to Date
Certified
(Cumulative)
(Cumulative)

10%
30%
10%
10%
0%

$ 1,500.00
$ 30,000.00
$ 2,000.00
$ 3,500.00
$
0.00

$ 190,000.00

Value of
Variation
Submitted

$ 37,000.00

Variation Approval
VO
No

Date
Issued

01
02
03

12-2-11
15-2-11
20-2-11

01
12th March 2011
March 2011

Value
Approved

$ 200.00
$ 450.00
$650.00

%
Claimed
as
complete

50%
30%
10%

Total Claim this


Month

$
750.00
$ 15,000.00
$ 1,000.00
$ 2,000.00
$
0.00
$ 18,750.00

Value of
Subcontracto
r Claim to
Date
(Cumulative)
$ 100.00
$ 135.00
$65.00

$
750.00
$ 15,000.00
$ 1,000.00
$ 1,500.00
$
0.00
$ 18,250.00

Less
Value
Previousl
y Certified
(Cumulati
ve)
$ 50.00
$ 35.00
$ 0.00

$1,450.00

Total
Claim
this
Month

$ 50.00
$100.00
$ 65.00
$210.00

Claim Summary:
Total Claim for Base Subcontract Works this Month:
Total Claim for Approved Variations this Month:

$18,250.00
$210.00

Total Claim this Month:

$18,460.00

Less Security (Cash Retention): 10%

($1,846.00)

Total Claim Due for Payment this Month:

$16,614.00

______________________
CICG Pty Ltd The Builder
Subcontract Agreement

______________________
The Subcontractor
05 September 2012

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ANNEXURE 9 - HSE REQUIREMENTS CHECKLIST


OCCUPATIONAL HEALTH & SAFETY
YES

NO

9.1.1

The Trade Contractor understands that the minimum PPE required to


be worn on site includes a hard hat, Hi-Vis clothing and steel capped
boots and will ensure all of their employees are informed and
provided with the necessary equipment

9.1.2

The Trade Contractor understands that they are responsible for


providing their employees with any additional PPE requirements as
stipulated in the Safe Work Method Statement.

9.1.3

The Trade Contractor understands that they must prepare a site


specific SWMS for the project in compliance with the requirements as
stipulated on the CICG SWMS Review Form (attached). Items
marked with an M are mandatory and must be provided. The
SWMS must detail the actual work to be done (step by step) and list
hazards and controls sequentially as they occur.

9.1.4

The Trade Contractor understands that Generic SWMS for a range of


different hazards such as for power tools, use of EWP etc. will not be
accepted.

9.1.5

The Trade Contractor will submit the SWMS a minimum of 3 days


prior to works commencing to provide adequate time for CICG
review, resubmission if required, and approval.

9.1.6

CICGs Site Manager / Foreman and / or Safety Supervisor has the


authority to stop unsafe work or prevent work from commencing if
CICG or legislative requirements have not been met. The Trade
Contractor confirms that any such stoppage will be at its expense.

9.1.7

A Safety Committee may be established on the site. A Designated


Work Group (DWG) representative may be elected from the Trade
Contractors employees. The Trade Contractor confirms that any
such costs associated with this requirement are included.

9.1.8

The Trade Contractor confirms that it shall bear responsibility and be


liable for damages to CICG for any breach of OHS standards or
legislative requirements.

9.1.9

The Trade Contractor understands that an employee will not be


eligible to attend a CICG Site Induction and therefore not permitted to
commence work until evidence has been provided to CICG that the
employee has completed the VIC Standard Industry Induction or
interstate equivalent. The employee must have a current copy of the
card, no booking slips accepted and no numbers provided without
evidence of the card.

9.1.10

The Trade Contractor understands that an employee will not be


permitted to commence work until they have attended a CICG Site
Induction and successfully completed the Site Induction Record. The
Trade Contractor understands that they are responsible for providing
an interpreter if their employees attending the induction are unable to
understand English.

9.1.11

The Trade Contractor understands that an employee will not be


eligible to to commence work until evidence has been provided to
CICG that the employee has read and understood the requirements
of relevant SWMS's. The Trade Contractor is responsible for
inducting their employees into the SWMS and providing CICG with a
record.

9.1.12

The Trade Contractor understands that an employee will not be


permitted to commence an activity associated with a SWMS until
evidence has been provided to CICG that the employee has received
the necessary training required for the activity. This could include
WorkSafe High Risk Licenses or training records provided by an RTO

______________________
CICG Pty Ltd The Builder
Subcontract Agreement

COMMENTS

______________________
The Subcontractor
05 September 2012

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for such acitivities as working at heights, working in confined spaces,


or operation of plant where no WorkSafe High Risk License is
required such as for an excavator or bobcat.

9.1.13

The Trade Contractor understands that CICG will require an MSDS


prior to any hazardous Substance being brought onto the site and the
MSDS is to be less than 5 years old

9.1.14

The Trade Contractor understands that an employee will not be


permitted to commence an activity associated with hazardous
substances unless the requirements as stipulated in the MSDS for
safe handling, use and storage of hazardous substances is
incorporated into the Safe Work Method Statement.

9.1.15

The Trade Contractor understands that all plant must be inspected to


ensure it is safe, serviceable and accompanied by comprehensive
start-up and operational instructions to ensure it is safe to use. Plant
and equipment regardless of being owned by the Trade Contractor or
hired must be verified by CICG as being safe to operate prior to use.
This will include witnessing that log books, where required, have
been completed

9.1.16

The Trade Contractor understands that plant will not be permitted to


operate without submission of a Plant Risk Assessment for plant to
be used for this package.

9.1.17

The Trade Contractor understands that plant will not be permitted to


operate without current servicing and maintenance records being
provided to CICG

9.1.18

The Trade Contractor understands that servicing & maintenance will


not be permitted to commence without an acceptable SWMS
reviewed by CICG

9.1.19

Plant & equipment is to be refuelled on site?

9.1.20

If yes, the Trade Contractor understands that refuelling will not be


permitted to commence without an acceptable SWMS reviewed by
CICG.

9.1.21

The Trade Contractor understands that they will need to submit


calibration records to CICG for any equipment being used on site that
requires calibration

9.1.22

The Trade Contractor understands that they are to provide CICG with
an electrical equipment register for all electrical leads and tools being
used on site. The trade contractor is also responsible for keeping all
electrical tools and leads up to date with testing requirements.

9.1.23

The Trade Contractor understands that only platform ladders will be


permitted on CICG sites and only when the SWMS details that other
options in the hierarcCICG of controls are not reasonably practicalbe.

9.1.24

The Trade Contractor understands that persons using angle grinders


on site must be supplied with face shields and this will be
documented within the SWMS.

9.1.25

The Trade Contractor understands that CICG will require a scaffold


Hand Over Certificate and Scaff tags for scaffolding erected over 4
metres in height.

9.1.26

The Trade Contractor understands that they must supply fire


extinguishers for any hot work they are required to undertake on site.

9.1.27

The Trade Contractor understands that Oxy and Acetylene bottles


are to be fitted with flashback arrestors and secured in trolleys at all
times. No freestanding bottles.

9.1.28

The Trade Contractor understands that they are responsible for


providing their own barricading and signage to protect other workers
on site.

9.1.29

The Trade Contractor understands that records of inspection and test

______________________
CICG Pty Ltd The Builder
Subcontract Agreement

______________________
The Subcontractor
05 September 2012

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will be required for any fall prevention equipment used on site in


accordance with AS/NZS 1891.1 Industrial Fall-Arrest Systems and
Devices.

9.1.30

The Trade Contractor understands that they are to provide records of


height safety training for any person required to work in fall restraint
or fall arrest and for conducting inspections of fall arrest equipment.

9.1.31

The Trade Contractor understands that they must detail emergency


response procedures within their SWMS for any person working in
fall arrest, including working in a boom type EWP.

9.1.32

The Trade Contractor understands that the SWMS must clearly detail
any requirements for working at height including but not limited to
access, working at heights training, inspections of fall prevention
equipment, anchor points to be used their location, rating and
capacity and emergency response.

9.1.33

The Trade Contractor has allowed to provide adequate resources to


achieve a high standard of progressive site clean up. Failure to
comply with CICG requirements for site clean up may result in CICG
completing the work on behalf of the Trade Contractor the costs of
which may be back-charged to the Trade Contractor.

9.1.34

The Trade Contractor understands that they are required to conduct


Toolbox Meetings with their employees at least fortnightly and that
records of the meetings shall be provided to CICG.

9.1.35

The Trade Contractor understands that all incidents and injuries


(including Near Miss incidents) are to be reported to CICG
immediately and recorded on CICG incident and injury forms and that
the Trade Contractor shall conduct, or provide assistance in the
conduct of, investigations into ALL incidents.

9.1.36

The Trade Contractor understands that they are responsible for


ensuring their employees and those of their Sub-tier Subcontractors
(including Sole Traders) have current Workers Compensation
Insurance coverage at all times. Work shall not be permitted to
commence until evidence of such insurance has been provide to
CICG.

9.1.37

The Trade Contractor understands that they are responsible for


communicating and ensuring any Sub-tier contractors they engage
must comply with all the requirements as stipulated within this
document.

9.1.38

The Trade Contractor understands that they are responsible for


obtaining Safe Work Method Statements from their Sub-tier
contractors and ensuring compliance with CICG SWMS review
requirements before it is submitted to CICG.

9.1.39

The Trade Contractor understands that they are not eligible for an
extension of time for completion of the works under the package for
time spent in emergency response procedure practices and drills.

9.1.40

The Trade Contractor understands that an employee may be


removed from site and prohibited from all otherCICG sites for a
period not less than 3 months for unacceptable behaviour.

______________________
CICG Pty Ltd The Builder
Subcontract Agreement

______________________
The Subcontractor
05 September 2012

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INDUSTRIAL RELATIONS
YES

NO

9.2.1

The Trade Contractor confirms that all industrial issues on the project
will be advised to CICG:

9.2.2

The Trade Contractor confirms it is aware that the National Code of


Practice for the Construction Industry (the Code), in accordance with
the Australian Government Implementation Guidelines for the
National Code of Practice for the Construction Industry 2009 (the
Guidelines) applies to this project. These documents can be viewed
at the Australian Workplace website at
www.workplace.gov.au/building.

9.2.3

The Trade Contractor has completed the NCOP Declaration of


Compliance?

COMMENTS

The Trade Contractor confirmed that they are aware of the


requirements to;

9.2.4

Report any alleged breaches or other Code-related matters to


the Office of the ABCC, Code Monitoring Group (CMG) or the
Building Industry Branch of the Department of Education,
Employment and Workplace Relations (DEEWR);

Notify CMG of all allegations of breaches of the Code and


Guidelines within 21 days of the Subcontractor becoming aware
of the alleged breach; and

Report any suspected breaches of the Code to CICG, CMG or


the Office of the ABCC.

9.2.5

The Trade Contractor confirmed that they are aware that evidence of
the Trade Contractor's continual compliance with the Code &
Guidelines is compulsory with each Progress Claim.

9.2.6

The Trade Contractor confirms it has allowed for its


employees/apprentices to attend a site-specific induction and to be
fully registered at the site office prior to working on site. The Trade
Contractor agrees to abide by the CICG Site Induction requirements
and safety plan.

9.2.7

The Trade Contractor acknowledges that 5 days notice is to be


provided prior to sending any employees or specialist subcontractors
to site. Full details of persons to be inducted must also be provided 5
days prior to commencement. Any failure to comply will result in
employees being sent off site at no cost to CICG.

9.2.8

The Trade Contractor confirms that it will bear their own costs for
Industrial Stoppages / Safety / Delays, including inclement weather
and its consequences.

9.2.9

Site Amenities - The Trade Contractor confirms that its employees will
use the site facilities provided as lunch at the work face will not be
permitted.

9.2.10

The Trade Contractor confirms that car parking may not be available
on site for its staff or employees.

9.2.11

The Trade Contractor confirms that if a member of its 9.1.23workforce


is elected as an employee representative, then all costs associated
with that role have been allowed for.

______________________
CICG Pty Ltd The Builder
Subcontract Agreement

______________________
The Subcontractor
05 September 2012

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QUALITY CONTROL
YES

NO

9.3.1

Hold and Witness Points - The Trade Contractor confirms that it shall
submit a formal request for inspections and release of the following
Hold or Witness points in accordance with the minimum notification
period. The Trade Contractor shall not proceed with subsequent
works until the required approvals have been issued.

9.3.2

Inspection, Measuring and Testing Equipment - The Trade


Contractor confirms that it shall supply records of equipment prior to
commencement showing that the equipment has been calibrated and
meets the accuracy requirements for the works. Equipment shall be
calibrated at the nominated intervals and records submitted to CICG.

9.3.3

Samples and Prototypes - The Trade Contractor confirms it shall


submit any required samples or prototypes for approval.

9.3.4

Shop Drawings - The Trade Contractor confirms that it shall submit all
necessary shop drawings for approval.

9.3.5.

Hand over Documents - The Trade Contractor confirms that it shall


submit the required documents in draft form by the time the project
has reached 50% completion and final documents for approval prior
to practical completion of the Head Contract.

YES

NO

COMMENTS

ENVIRONMENT

9.4.1

The Trade Contractor has allowed for the provision and maintenance
of the following controls to eliminate or minimise the environmental
impacts of their activities

9.4.2

Stormwater drain silt protection to be installed throughout project

9.4.3

Site to be maintained in accordance with contract plans

9.4.4

Stockpiles to be established at CICG approved locations.

9.4.5

Silt control fencing to be posted as per contract plans.

9.4.6

Traffic Management Plan to address advancement of soil from site.

9.4.7

Wash down sedimentation troughs to be provided at all work faces

9.4.8

Archaeological & Heritage Zones to be cordoned off and strictly


controlled

9.4.9

MSDS & Hazardous Material/Substance registers to be maintained.

9.4.10

Hazardous Materials Store to be provided

9.4.11

Minimise dust with dust suppression measures.

9.4.12

Finish trade cutting rooms to be established

9.4.13

Clean as you go policy

9.4.14

Activities to be conducted within approved work hours unless


approved otherwise by CICG.

9.4.15

Plant & equipment to be fitted with approved noise suppression


equipment (mufflers etc.).

______________________
CICG Pty Ltd The Builder
Subcontract Agreement

COMMENTS

______________________
The Subcontractor
05 September 2012

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APPENDIX 10 - SWMS REVIEW FORM (SAMPLE)

Safe Work Method Statement (SWMS) Review Form

Project:

Job No.:

Subcontractor:

Date Issued:

Supervisors Name:

Phone No.:

Task / Activity:
Attach a copy of the SWMS

SWMS Title:
Location:

NOTES FOR SWMS REVIEWS


1
2
3
A
A.1
A.2
A.3
A.4
A.5
B
B.1
B.2
B.3
C
C.1
C.2
C.3
D
D.1
E
E.1
E.2
E.3
E.4
E.5
E.6
F
F.1
F.2
F.3
G
G.1
G.2
H
H.1
H.2
H.3
I
I.1
I.2
I.3
J
J.1
J.2
K
K.1
L
L.1
M
M.1
M.2

Each SWMS is to be reviewed by CICG PRIOR to commencing relevant work using this review form.
Mandatory requirements that must be adequately addressed in the SWMS are marked as "M". If the answer
to any of these items is "No" then an acceptable resubmission of the SWMS is required. Not Applicable "NA"
is NOT an option for Mandatory requirements.
When complete, the SWMS Review form is to be filed with the relevant SWMS.
AUTHORITY
Y N NA
Does the SWMS show the signature of a Subcontractor management representative of
M
that organization and the date signed?
Is the name and position of the person to be responsible for and supervise the works
M
Does the SWMS show the name and registered office address of the organization?
M
Is the SWMS on the Subcontractor Organizations letterhead?
Does the SWMS show the Subcontractor's ABN?
M
WORK PROCESS
Y N NA
Does the SWMS include applicable site specific hazards and controls relevant to the
M
Is the scope of work covered by the SWMS adequately defined?
M
Is the work process described in a logical step-by-step sequence?
M
HAZARDS
Y N NA
Are the hazards related to each step described and listed separately (i.e. hazards and risks
M
are not to be grouped together)?
Are manual handling hazards adequately addressed?
Are any special temporary supports, props or structures detailed?
RISK ASSESSMENT
Y N NA
Has a risk assessment for each hazard been carried out in terms of likelihood and
M
CONTROLS
Y N NA
Has the Subcontractor adequately used the Hierarchy of Controls in developing controls to
M
eliminate or minimize Class 1 (High) and Class 2 (Medium) risks?
Are PPE requirements listed? The type of PPE required is to be specific.
M
Are the controls free of ambiguous wording such as "Acceptable", "Adequate", and
M
Are any special notices or permits (eg/ hot works, permit to dig, State OHS Authority)
Is protection of other trades and/or the public detailed?
Are any Consultant (Engineer) inspections listed (eg/ Formwork)?
WORKING AT HEIGHT
Y N NA
Does fall prevention use engineered controls (preferred)?
Is any scaffolding or other access requirements detailed and are ladders used as a last
Are controls for falling objects detailed?
EMERGENCY RESPONSE
Y N NA
Are emergency response procedures referenced against relevant hazards?
Are emergency response resources available (plant, trained personnel)?
TRAINING and COMPETENCE
Y N NA
Do the persons undertaking the work require special qualifications? If so, are requirements
nominated? (e.g. Working at Heights training, Operator tickets/licenses)
Have emergency response personnel been trained in response procedure requirements?
Have personnel been trained in the correct use of PPE required by the SWMS?
PLANT and EQUIPMENT
Y N NA
Is the plant required to undertake the work listed?
Are plant, tools and equipment hazards addressed?
Have calibration records been obtained for necessary equipment?
HAZARDOUS MATERIALS
Y N NA
Are the hazardous materials to be used listed and relevant Material Safety Data Sheets
Have the Manufacturer's recommendations for storage, handling and exposure been
incorporated into the SWMS?
LEGISLATION, STANDARDS and CODES OF PRACTICE
Y N NA
Has the relevant OHS legislation, codes and standards applicable to the work been
M
identified and requirements incorporated?
ENVIRONMENT
Y N NA
Have the environmental hazards/ aspects and associated risks/ impacts been eliminated
or reduced to an acceptable level?
WORKER INVOLVEMENT
Y N NA
Has each worker printed their name, signed and dated the SWMS?
M
Have copies of records showing worker involvement in the development of the SWMS been
M
received? (eg/ toolbox meeting minutes, SWMS acknowledgement of participation)

SWMS REVIEWED BY CICG REPRESENTATIVE


Name:

Sign:

Date:

SWMS ASSESSMENT
Resubmission not required. Works may commence
Resubmission required with the following issues to be addressed PRIOR to commencement of works:

SWMS RESUBMISSION REVIEWED BY CICG REPRESENTATIVE


Name:

Sign:

______________________
CICG Pty Ltd The Builder
Subcontract Agreement

Date:

______________________
The Subcontractor
05 September 2012

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APPENDIX 11 - SUBCONTRACTOR CHECKLIST


Prior to returning your executed Subcontract, please ensure that the below documents are attached. To assist with this process please
complete the below checklist.
Document to be Attached

Tick once
Attached

1. Executed Subcontract Agreement including completed Annexure 9 attached.


2. Current WorkPlace Agreement (Fair Work Ratified).
Copy of stamped and signed by all Parties page attached (note: Sole Traders Exempt).
3. Public Liability Insurance - Certificate of Currency attached.
4. Workcover Insurance - Certificate of Currency attached.
5. Superannuation - Proof of Employer Registration attached.
6. Long Service Leave - Proof of Employer Registration attached.
(Note: If a requirement of the Subcontractors Workplace Agreement).
7. Redundancy (Incolink or equal to) (+PSL,IPT,CTP).
(Note: If a requirement of the Subcontractors Workplace Agreement).

Notes:
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...................................................................................................................................................................................................................

______________________
CICG Pty Ltd The Builder
Subcontract Agreement

______________________
The Subcontractor
05 September 2012

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CICG