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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

Page 2 of 34

Subcontractor Agreement
This document is deemed “Uncontrolled”, if printed. To verify currency, check date last saved below against Modified Date of this document as shown on CICG Intranet.
Date last saved: 5 September 2012

© CICG

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 Builder‟s 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

Page 3 of 34

Subcontractor Agreement
This document is deemed “Uncontrolled”, if printed. To verify currency, check date last saved below against Modified Date of this document as shown on CICG Intranet.
Date last saved: 5 September 2012

© CICG

..7....500...... Release of balance of security at expiration of the Defects Liability Period under the Head Contract............... Signature: .................... 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): .....30pm Saturday ...........00am to 5.....00am to 2..................... All reference to days in the Subcontract is to calendar days except where otherwise noted.......................... 14) Liquidated Damages (The Builder): $1..............00 per Calendar Day 15) Liquidated Damages (Head Contract): $1.............................. 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 ½% of the adjusted Subcontract sum......30pm (Based on 1 Break + Crib time) Industry Standard 1) 2) A “business day” means Monday to Friday inclusive.............. ______________________ CICG Pty Ltd “The Builder” Subcontract Agreement ______________________ The Subcontractor 05 September 2012 Page 4 of 34 Subcontractor Agreement This document is deemed “Uncontrolled”.......7... 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................. Payment by the 15 of the following month....7. Date: .............................00am to 3................ 13) Retention Reduced to: 2 ½% of the adjusted Subcontract sum within 30 days of Practical Completion under the Head Subcontract...................... Date last saved: 5 September 2012 © CICG ............. Date: .. 17) th Counting of Days: th Monday to Thursday Friday ....................................500....... Australia..00 per Calendar Day 16) Site Working Hours: 56 hours being.. excluding statutory and public holidays applicable in Victoria................ check date last saved below against Modified Date of this document as shown on CICG Intranet..............9) Works Completion Date: 10) Defects Liability Period/Warranty: 52 weeks from the Date of Practical Completion of the Head Contract............ if printed....30pm ............... To verify currency...................... 11) Payment Terms: (“Reference Date”) Invoice to be submitted by 10 of each month................ Signature: ...

3 If part of the Works involve design work to be carried out by the Subcontractor („Design Work‟). an adjustment or addition to the Subcontract Sum. action. a copy of which is available upon request.3 2 a) the works under the Subcontract are complete. suit or cause of action for an extension of the time (or times) within which the Subcontractor is required to execute the Works.1 it carries out the Design Work to a high standard of skill and care using suitably qualified persons (including all consultants). THE WORKS 2.2. „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. and b) do not infringe copyright or any other protected right.GENERAL CONDITIONS OF SUBCONTRACT 1 GENERAL 1. b) all standards. 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.1 the Subcontractor shall be deemed to have allowed for the Works to be carried out in accordance with the highest standard.1 'Claim' means any claim. 2. 2. remedy or claim. or any other legal or equitable right. any review or comment by the Builder in relation to such documents does not relieve the Subcontractor from responsibility from the Subcontractor's errors. However. c) documents and other information required under the Subcontract have been supplied to the Builder. ______________________ CICG Pty Ltd “The Builder” Subcontract Agreement ______________________ The Subcontractor 05 September 2012 Page 5 of 34 Subcontractor Agreement This document is deemed “Uncontrolled”. the requirements of the Head Contract. check date last saved below against Modified Date of this document as shown on CICG Intranet. omissions or departures from the requirements of this Subcontract. certificates. 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). relief from any of the Subcontractor's obligations or liabilities arising out of the Subcontract. 2.5 The Builder is not required to review.1 The Subcontractor agrees to perform all of its obligations under the Subcontract in accordance with its terms and so as to meet. 1.2 all designs provided to the Builder by the Subcontractor: a) are suitable. proceeding. d) all warranties. any Compensation from the Builder. if printed.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.2 „Completion' is that stage in the execution of the work under the Subcontract when. as-built drawings and manuals have been supplied to the Builder. except to the extent of any inconsistency. and 2.4 The Subcontractor must provide the Builder with all calculations. and f) the works under the Subcontract have been cleaned to a professional standard.2.3. and c) the provisions of this Subcontract so that the Works are fit for their intended purpose. then the Subcontractor must ensure that: 2. To verify currency. b) those tests which are required by the Subcontract to be carried out and passed have been carried out and passed. comment upon or check any of the design documents provided by the Subcontractor as part of the Design Work. 1. demand.2.2 Definitions: 1. 2.3. in accordance with the Subcontract and are fit for use and occupation. Date last saved: 5 September 2012 © CICG . e) the works under the Subcontract are compliant with all applicable Legislative Requirements and Approvals. quality or quantum which can be ascertained from such requirements. 1. codes and legislative requirements applicable to the Works. appropriate and fit for their intended purpose.2 Where there is any inconsistency / discrepancy between any of the requirements set out in Clause 2.

including but not limited to the supply and installation of materials. but the Builder will not be obliged to apply to Authorities for permits or similar approvals where the Subcontractor can make the applications directly.1 The Subcontractor has returned an executed copy of the Subcontract Instrument of Agreement to the Builder. 4. that the Builder agrees with the value of the work performed.2.2 The Builder will pay the Subcontractor in progressive instalments. including sales tax.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. b) Certificate of Currency of public liability insurance.3 Subcontractor to obtain warranties and guarantees The Subcontractor shall obtain and provide all guarantees and warranties specified under the Head Contract. 4. Any payment by the Builder does not mean that the Works or any part of the Works are approved by the Builder. check date last saved below against Modified Date of this document as shown on CICG Intranet. and shall pay all requisite fees. AUTHORITIES – PERMITS.6 If the Subcontractor fails to provide the Builder with satisfactory evidence of payment as required in Clause 4. Payment will only be made if: 4. provided that the details of each fee payable are included in the Subcontract amount. the Subcontract amount will be adjusted accordingly. Date last saved: 5 September 2012 © CICG . which must include: a) a signed Statutory Declaration in the form of Annexure 6. or that the work complies with the requirements of this Agreement.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.2. The Subcontractor may make arrangements with the Builder for the Builder to submit the necessary documents on its behalf. workers compensation.6 The Subcontractor must at all times. other subcontractors and other persons on the Site. and d) the Subcontractor is not in breach of a term of this Agreement. redundancy and long service leave in accordance with employee EBA's and/or award conditions. 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”. the Subcontractor shall give any notice and/or apply for any approval or permit.2 and an executed Deed of Indemnity & Release in the form of ANNEXURE 5 .DEED OF RELEASE AND INDEMNITY of the Subcontract.2c).2 Subcontractor to pay fees If the fees payable to an Authority vary after the date of this Agreement. The Subcontractor shall obtain all permits in time to ensure no delay to the Works occurs.3 2.1 Subcontractor to arrange Where any notice.4 Any instalment paid by the Builder is a payment on account only. 4 PRICE & PAYMENT 4. 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. co-operate and co-ordinate the Works with the Builder. 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. NOTICES. and supply all necessary plans and information. of payments in superannuation. To verify currency. INSPECTIONS. 2. if printed. 4. 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. permit and/or approval is required by any Authority having jurisdiction over the Works. FEES AND WARRANTIES 3. 3. and the Subcontract Sum will be reduced by any amount paid by the Builder under this clause. 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. c) evidence acceptable to the Builder. the Builder may make payments directly to the persons who have not been paid. and the claim must set out the value of all applicable taxes. 3. acting reasonably.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 The Subcontractor submits a Payment Claim for payment with all relevant details as outlined on the Payment Claim Template (refer ANNEXURE 8 .2.2.7 The Subcontractor shall have no Claim arising from its obligations in this Clause 2. 4. provided the Subcontractor has complied with the requirements in Clause 4. 4. 4. ______________________ CICG Pty Ltd “The Builder” Subcontract Agreement ______________________ The Subcontractor 05 September 2012 Page 6 of 34 Subcontractor Agreement This document is deemed “Uncontrolled”.3 The amount assessed by the Builder shall be paid by the Builder in accordance with the Payment Terms provided for in the Schedule. goods and equipment.

3.3. 4. then the Subcontractor will not be entitled to an extension of time for that period of delay. 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. a) the Subcontractor has complied with its obligations under Clause 6. Date last saved: 5 September 2012 © CICG .1 c) and some do not.3 of this Agreement. The Builder may extend the Works Completion Date at any time even if the Subcontractor has not provided a notice under this clause. check date last saved below against Modified Date of this document as shown on CICG Intranet. Principal or their agents. mitigate or prevent the delay or the effect of the delay. TAXES AND CHARGES 5. in the Builder‟s opinion the delay will cause a delay to the Works.8 The Subcontractor will not be entitled to claim payment for any unfixed goods or materials.5 4.3. any sales tax. import & Customs or any other duties. provided that. its consultants or agents. 6. contributed to or involving the Subcontractor occurring before. b) the Subcontractor has taken all steps to anticipate. Goods and Services Tax.1 Commencement and Completion The Subcontractor shall commence the Works on Site by the Commencement Date nominated in the Schedule.1c)iii.3 Delay Notices and Time Extensions 6. 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.7 The Subcontractor will not be entitled to the final payment with respect to the Works. including any variations or retentions.3.2 Builder may adjust Times The Builder may by notice in writing at any time to the Subcontractor. fees or cartage are included in the Subcontract Sum. Rate of Progress The Subcontractor shall proceed with the Works expeditiously. f) if some causes of delay fall within Clause 6. iv a variation. iii any act. minimise. The Builder will grant the Subcontractor an extension of time to the Works. To verify currency. and c) the delay is beyond the reasonable control of the Subcontractor and is due to: i Inclement weather. provided that the Subcontractor has otherwise complied with Clause 7 of this Subcontract. and the Subcontractor is not directly or indirectly responsible for the event causing the delay. 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. has taken all practicable steps to avoid or minimise the delay and. if. ii acts of prevention by the Builder. 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.2 6. adjust the Works Completion Date. 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. and achieve completion by the Works Completion Date nominated in the Schedule. Construction Program. or any other date notified to the Subcontractor by the Builder. until the Subcontractor returns an original executed copy of the Warranty Form (refer ANNEXURE 7 Warranty Form) in accordance with Clause 9. If delay caused by the Subcontractor is concurrent only with delay due to a cause listed in Clause 6. TIME 6. on or after the Date for Practical Completion.3. or v industrial relations not directly caused by. (where applicable) only to the extent that the Builder is granted an extension of time for the delay by the Principal. default or omission by the Builder. but the Builder is under no obligation to exercise this discretion fairly or for the benefit of the Subcontractor. must constantly use its best endeavours to avoid delay ______________________ CICG Pty Ltd “The Builder” Subcontract Agreement ______________________ The Subcontractor 05 September 2012 Page 7 of 34 Subcontractor Agreement This document is deemed “Uncontrolled”.1 6. stamp duty or other taxes.1 6 Unless otherwise stated. the Subcontractor must make an apportionment of the delay according to the respective causes of the delay. if printed.

7. 6. 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 Page 8 of 34 Subcontractor Agreement This document is deemed “Uncontrolled”.3. it must notify the Builder in writing within five (5) days of issue of the same that the Subcontractor considers it is a variation.3 Where the Builder issues a Variation Notification.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 acknowledges and agrees that any extension of time granted by the Builder shall be the Subcontractor‟s sole remedy for any delay or delays including. instruction or direction which demonstrates or explains the variation to the Works. check date last saved below against Modified Date of this document as shown on CICG Intranet. 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.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 Builder‟s consent in writing to the estimate prior to proceeding with the variation. 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. in addition to the Subcontractors liability 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.7. 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. in which case the Builder may instruct the Subcontractor to proceed immediately. The Subcontractor further acknowledges and agrees that the Subcontractor shall not be entitled to any increase in or adjustment to the Subcontract Sum. and which result directly or indirectly from any changes in sequence. costs and/or expenses suffered or incurred directly or indirectly by the Subcontractor and/or its secondary Subcontractors from a Delay. 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. and to secure the execution of the Project in the most efficient manner.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'). If the Subcontractor fails to provide such notification but nevertheless proceeds to carry out the work which is the subject of the drawing.6 Coordination The Subcontractor shall ascertain the requirements of other Subcontractors to the Builder. The subcontractor acknowledges and agrees that the liquidated damages payable under Clause 6. instruction or variation. 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. To verify currency. 6. if printed. 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. Date last saved: 5 September 2012 © CICG . 6. any delay or delays caused by any breach of the Subcontract by the Builder (“Delay”). the Subcontractor will permit such other person to carry out that work). delay or disruption which occurs or arises in connection with the Works. or any disruption caused by the Delay. If a delay by the Subcontractor causes or contributes to the Builder becoming liable for liquidated damages under the Head Contract. in which case. and in any event by not later than the Works Completion Date. 7.5 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. 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. or to any other monetary compensation or damages (including damages for breach of Subcontract) losses. the following provisions apply: 7. The Subcontractor accepts the financial risks of all increased costs and all losses however incurred or sustained in the execution of the Works.2 If the Subcontractor considers that any drawing. 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. If the Builder issues such an instruction.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. 7 VARIATIONS 7. unless the variation works are of an urgent nature. without limitation. The Subcontractor shall cooperate with the Builder and all other Subcontractors and make all necessary arrangements with the Builder for access to the Site. 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.

location.2. Warranty Form The Subcontractor shall at the completion of the works.3 9. 9.2 to ensure that the Works will fit in with other subcontract works as specified and detailed on the Architectural and set out drawings. To verify currency.4 to ensure the timely installation of the Works and to ensure that the Subcontractor is not built out by other trades.3 the actual additional cost or saving in respect of the variation shall be as agreed between the Builder and the Subcontractor. 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. 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.3 to compare the relationship between its Works and other approved Subcontractors construction drawings. protect and fully supervise their Subcontract Works during construction. working dimensions and tolerances shown on the Subcontractor‟s construction drawings are being adhered to by the Builder and other trades carrying out work adjoining the Works.2.3 and Clause 7 to reflect a fair period determined by the Builder acting reasonably. 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. 7. 9.5 the Date for Practical Completion will be adjusted in accordance with Clause 6. the Subcontractor shall check the progress of construction on Site: 9. 9 PROTECTION AND INSTALLATION WORKS 9. 9. check date last saved below against Modified Date of this document as shown on CICG Intranet. as the case may be. 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. Upon delivery to the Site. if printed. and 7. and 9. the Architectural drawings and any partially or fully completed adjoining works. execute the Warranty Form. supplied and installed as per the full extent of the Subcontract “The Works”. and 9. to confirm that all labour. protection and insurance of tools.3. and 9. Date last saved: 5 September 2012 © CICG . by the additional cost or savings of the variation as determined by the application of this Clause 7. and for the safety of all equipment which cannot be accommodated on the Site.2.2 At the commencement of setting out of all or part of the Works.3.2. and at regular intervals thereafter.3. whenever found for a period not less than seven (7) years from the date of the Head Contract final certificate. whether on or off the Site or in transit. provided that the Subcontractor complies with Clause 6.5 Subcontractor Responsible for on Site Storage The Subcontractor shall be responsible for the storage. INSPECTION The Builder shall have the right of access to the Subcontractor‟s premises upon reasonable notice to inspect any work in progress that is part of the Works. all goods and materials shall immediately be properly stacked and protected from the weather.2.possible thereafter. and 9.3 and Clause 7.6 The Subcontractor must provide any details and measurements to assist in the valuation of a variation as and when requested by the Builder.4 the Subcontract Price will be increased or decreased.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. The Subcontractor agrees to forever warrant and indemnify the Builder for any omissions to the Subcontract. and absent agreement between them within such period as the Builder may allow. 8 7.3. plant & materials have been procured. as determined by the Builder applying reasonable rates. as provided in ANNEXURE 7 Warranty Form. dampness and dust with particular attention to preventing ingress to working parts and pipes. 7. goods and materials. Bank Guarantee).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.1 The Subcontractor shall monitor. ______________________ CICG Pty Ltd “The Builder” Subcontract Agreement ______________________ The Subcontractor 05 September 2012 Page 9 of 34 Subcontractor Agreement This document is deemed “Uncontrolled”. The Builder shall not be liable for goods and materials once delivered to site. The Subcontractor shall be responsible for storing.1 to ensure that the set out.

and the quality of materials. All goods and materials shall be stored clear of floor slabs on timber packers. things brought on the site by subcontractors for that purpose. access to it.m. and the Subcontractor shall provide the storage and protection necessary to preserve these items and things. any tests required and the Defect Liability Period. The Subcontractor also warrants that the Subcontract Sum allows for all costs necessary to complete the Works in accordance with this Subcontract. and the Works.10 Insurance of the Works Before the Subcontractor commences work and before payment of the first Progress Claim. including but not limited to. labour and plant necessary to complete the Works.8 Day Docket Signing The Subcontractor acknowledges and accepts that the Builder or its Representative may sign a Day Docket upon request. examined all documents comprising the Subcontract. including its surroundings and local conditions. 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. the Temporary Works and Constructional Plant. 9. check date last saved below against Modified Date of this document as shown on CICG Intranet. 11 SITE The Subcontractor warrants it has inspected the Site.6 Subcontractor to comply with the Builder‟s Instructions on Storage The Subcontractor shall confer with the Builder and accept its instructions with regard to storage of materials. Date last saved: 5 September 2012 © CICG . Without limiting the generality of the Subcontractor‟s obligations. Stored goods and materials may need to be relocated by the Subcontractor. particularly heavy loads. on the Date of Practical Completion of the Works. 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 errors in dimensions measured by the Subcontractor. 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. After 4 p. 9.9. 9.3 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. the Temporary Works and Constructional Plant.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 Works. 10. obtained all other information necessary to complete the Works. The Subcontractor shall not remove any goods or materials from site without the prior written consent of the Builder. the Works under the Subcontract. No approval shall constitute an authority for a variation except when the variation is authorised as provided for in the Subcontract. if printed. Without limiting the generality of the obligation to insure.1 Subcontractor Warranty The Subcontractor warrants that it has inspected the Site.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. ______________________ CICG Pty Ltd “The Builder” Subcontract Agreement ______________________ The Subcontractor 05 September 2012 Page 10 of 34 Subcontractor Agreement This document is deemed “Uncontrolled”. any Site Instruction‟s.9. determined the scope and extent of the Works and assessed the amount of temporary work.m. materials supplied and accidental damage against loss or damage resulting from any cause whatsoever until the Subcontractor ceases to be responsible for their care. things entrusted to the Subcontractor by the Builder for the purpose of carrying out the work under the Subcontract. the policy shall cover the Subcontractor‟s liabilities for reinstatement and things in storage off site and in transit to the Site. the Subcontractor shall be responsible for the care of unfixed items of value which has been included in a payment certificate under Clause 4. To verify currency. The Subcontractor must remedy at its own cost. as directed by the Builder. at its expense. stock in trade. 9. the Subcontractor shall be responsible for the care of the work under the Subcontract. 10 DOCUMENTS 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. 10.

3 Dismissal and Removal of Employees The Supervisor shall. 13 DEFECTS LIABILITY PERIOD 13. 16 SUPERVISION 16. and who is authorised to receive instructions or requests from the Builder ("Supervisor").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. 14 ASSIGNMENT The Subcontractor must not assign or sub-let any part of the Subcontract or the Works without the Builder‟s written consent. To verify currency. the Subcontractor is responsible for accuracy of the set out of the Works. 16. the Subcontractor must always have on Site a competent supervisor who can communicate with other people on site. the Subcontractor must rectify them at the Subcontractor‟s expense within the time instructed by the Builder. on the request of the Builder. Date last saved: 5 September 2012 © CICG . 16. 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. The Builder may direct the Subcontractor to replace the Supervisor if the Builder considers that the Supervisor‟s conduct may prejudice the successful and timely completion of the Project.1 Subcontractor‟s Representative While the Works are being carried out. within a reasonable time. If the Subcontractor fails to observe this requirement. and shall comply at its own cost with the Builder‟s directions on those issues. Any instruction given to the Supervisor by the Builder's Site Manager or his representative shall be deemed to be given to the Subcontractor. 17 SECURITY FOR PERFORMANCE ______________________ CICG Pty Ltd “The Builder” Subcontract Agreement ______________________ The Subcontractor 05 September 2012 Page 11 of 34 Subcontractor Agreement This document is deemed “Uncontrolled”. and that person shall not again be employed on the Works without the permission of the Builder. 16. The Subcontract Sum includes an allowance for all costs and expenses resulting from those agreements in relation to the performance of the Works.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. 12 CLEAN UP The Subcontractor shall keep the Works clean and tidy and shall regularly remove rubbish. check date last saved below against Modified Date of this document as shown on CICG Intranet. if printed. and comply with all relevant Federal and State Government Workplace Industrial Agreements / requirements relevant to the performance of the Works. dismiss from the Works any person who may cause trouble. The Subcontractor shall immediately inform the Builder of any industrial relations issues which arise in connection with the Works. the relevant Safety Committee and/or Union Representatives.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. be incompetent and/or misconduct himself on the Site.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 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 Subcontractor‟s expense. Where applicable. 13. 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. The Supervisor shall keep all persons employed by the Subcontractor and/or its Subcontractors under control within the boundaries of the Site. The Supervisor must be familiar with all safety procedures applicable to building projects similar to the Project. 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.4 Site Agreement The Subcontractor shall ensure that it and its subcontractors are familiar with. 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.

1. ______________________ CICG Pty Ltd “The Builder” Subcontract Agreement ______________________ The Subcontractor 05 September 2012 Page 12 of 34 Subcontractor Agreement This document is deemed “Uncontrolled”. 18. 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.3 Maintenance of Scaffolding and Elevated Work Platforms 18.1 If the Subcontractor: a) fails to comply with any safety requirement. are required to be moved in order for the Subcontractor to carry out its obligations. check date last saved below against Modified Date of this document as shown on CICG Intranet.5. 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.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.. work protection. staging. the Rules and Regulations of any relevant Authority. Regulations. c) immediately discontinue or procure the discontinuance by others of any practice or remove any equipment which becomes or is likely to become unsafe. Date last saved: 5 September 2012 © CICG .1 The Subcontractor shall carry out the whole of the Works in a thoroughly safe manner and in particular shall: 18. etc. and b) the Builder incurs losses or additional cost and expense as a consequence of that failure. 18 SAFETY 18. and f) Comply with any direction given by the Builder's Site Manager. screens.3. Subcontractor‟s General Safety Obligations The Subcontractor must provide written safety procedures for the Works.5 Subcontractor to indemnify the Builder 18. By-Laws or orders. etc.1 The Subcontractor must: 18. etc. gear. If safety barricades. 18. scaffolding. ladders. placed in position by the Builder or any other Subcontractor. g) Adhere to. c) provide adequate supervision for all labour employed by the Subcontractor.2 a) conform and procure that its subcontractors conform to the requirements of all relevant Acts or Statutes of Parliament. maintain and ensure its employees use all scaffolding necessary for the execution of the Works. e) maintain in position any safety barricades.2 Reduction of Security / Retention The Builder will reduce the Subcontractor‟s security / retention as set out in item 13) of the Schedule. 17. work protection. the Subcontractor shall consult with the Builder prior to moving any safety barricades. and d) ensure that any elevated work platforms used by the Subcontractor are serviced and maintained in accordance with the recommendations of the manufacturer. screens. and any agreement between the Builder and the Unions relating to the safety of persons on or about the Site. machines.4 a) provide. b) ensure that any scaffolding so provided complies with the requirements of all relevant authorities having jurisdiction over the Works or the Project. and maintain on Site a copy of the service and maintenance records for all elevated work platforms. and provide all safety equipment and materials.1 General 18. To verify currency. and comply with. if printed. b) ensure that all tools and tackle. 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.17. work protection. screens.

check date last saved below against Modified Date of this document as shown on CICG Intranet. or they may be carried out by the Builder. services. 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.1 21 The Builder may. kerbs and guttering or any adjoining property which may be disturbed and/or damaged due to the execution of the Works. b) any costs the Builder incurs by doing something the Subcontractor is required to do under this Subcontract.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. roadways. facsimile transmission. 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). it may be given by hand. All necessary repairs shall be carried out promptly. To verify currency. 19 SUBCONTRACTOR TO REMEDY DAMAGE TO OTHER’S WORKS The Subcontractor shall be responsible for making good at its expense any damage to the work of other subcontractors or Public Authorities‟ works. the Builder may issue notification to the Subcontractor of its default in the form of a Corrective Action Report. Date last saved: 5 September 2012 © CICG .1 23 Except as provided for elsewhere in this Subcontract.18. and the costs deducted from the Sub Subcontract Sum. NOTICES Where a notice or instruction has to be given under this Subcontract. if printed. DEFAULT BY THE SUBCONTRACTOR AND RIGHTS OF THE BUILDER 23. and does not remedy that failure within five (5) days of being notified in writing by the Builder of that failure. or a substitute address that has been notified in writing to the other party. 23.1 Subcontractor Default 23. by giving the Subcontractor prior written notice at any time. the value of the Works is reduced because the Subcontractor has failed to comply with any of its obligations under this Subcontract. email transmission or sent by post to the address set out in this Subcontract. piping. and b) a further written notice within five (5) days of the first notice. c) the Subcontractor fails to comply or unreasonably delays in complying with an instruction or direction given by the Builder. stating that it intends to make a claim. management or control over any of the Subcontractor's property or is appointed to the Subcontractor.1 If in the Builder's opinion the Subcontractor is in default of any of its obligations under the Subcontract. 20 SET OFF 20. 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. 22 TIME BAR FOR CLAIMS 22. ______________________ CICG Pty Ltd “The Builder” Subcontract Agreement ______________________ The Subcontractor 05 September 2012 Page 13 of 34 Subcontractor Agreement This document is deemed “Uncontrolled”. a) any amount the Subcontractor is required to pay under this Subcontract. c) any amount by which. or g) a mortgagee. cost and expense so incurred from any monies due to or which may become due to the Subcontractor. in the Builder‟s reasonable opinion. fencing/safety paths.1. f) execution is levied against the Subcontractor by any of its creditors. d) any loss or costs or expenses incurred by the Builder as a consequence of any breach of this Agreement by the Subcontractor. set off any of the following amounts against any amount payable by the Builder to the Subcontractor.1. administrator or Controller (as defined in the Corporations Act 2001 (Cth)) seeks to exercise any right of possession.2 the Builder shall be entitled to deduct the losses. providing detailed particulars of the basis for and the amount of the claim. 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.5. e) the Subcontractor is or becomes insolvent.

6. appoint an administrator or official manager or receiver for any of the Subcontractor‟s property or undertaking. bankrupt the Subcontractor. it may: a) employ other people to carry out and complete all or part of the Works at the Subcontractor‟s expense. Rights of the Builder upon taking over the whole or part of the Works 23. check date last saved below against Modified Date of this document as shown on CICG Intranet.23. or e) an execution is levied against the Subcontractor. or d) any attempt is made to wind the Subcontractor up.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. and the difference between these 2 amounts. b) provide details of the manner in which the Subcontractor is in default under the Subcontract. being steps that are required to be taken by the Subcontractor in order to remedy its default. 23. c) specify 'immediate corrective actions' to be taken by the Subcontractor.6 Termination for Financial Default 23.3. or b) terminate the Agreement.2.1 A Corrective Action Report issued under this Clause shall: 23. including the calculations employed in arriving at that cost. Builder's right to immediately terminate the Subcontract Without prejudice to any other rights or remedies available to the Builder. 23. 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 shall provide the Subcontractor with a written reconciliation setting out the cost incurred by the Builder in completing the Works. the difference shall be a debt due to the Builder.4. the Builder may terminate the Subcontract by giving written notice to the Subcontractor. make the Subcontractor insolvent. or b) the financial position of the Subcontractor changes materially subsequent to the date of the Subcontract. and d) specify the timeframe within which these steps are required to be taken.4. 23. 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. or any part of the Works.1 The Builder may terminate the Subcontract by written notice to the Subcontractor if: a) the Subcontractor dies.2 Content of a Corrective Action Report 23.5 a) are completed and a final accounting of the respective financial entitlements of the Builder and the Subcontractor has been undertaken. Date last saved: 5 September 2012 © CICG . the amount that would have been paid to the Subcontractor if the Works had been completed by the Subcontractor. Following the carrying out the final accounting of the financial entitlements of the Builder and the Subcontractor. and b) use any of the Subcontractor‟s plant. the difference shall be a debt due to the Subcontractor.3 a) state that it is a Corrective Action Report. the Builder may by giving written notice to the Subcontractor: 23. ______________________ CICG Pty Ltd “The Builder” Subcontract Agreement ______________________ The Subcontractor 05 September 2012 Page 14 of 34 Subcontractor Agreement This document is deemed “Uncontrolled”. Failure to comply with a Corrective Action Report and rights of the Builder 23. tools or equipment for the purposes of completing the Works without payment of compensation to the Subcontractor.1 If the Builder takes over the Works.4 a) take out of the hands of the Subcontractor the whole or any part of the Works remaining to be completed. if the cost incurred by the Builder in completing the Works is less than the amount that would have been payable to the Subcontractor. To verify currency. if in the Builder‟s opinion. or c) the Subcontractor tries to enter into a composition or arrangement with creditors. if printed. Whereas.2 The Builder will not be required to make any further payments to the Subcontractor until the Works.

2 If after fourteen (14) days of the settlement meeting. without the prior written consent of the Builder. agents and consultants against any loss. 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. the dis-satisfied party may pursue its claim by litigation.2 Payment Schedule Within fourteen (14) days of receipt of a Payment Claim from the Subcontractor. either party may at any time give written notice to the other requesting that a settlement meeting take place. a) only entitled to claim damages for breach of contract. 23. This clause shall survive termination of the Subcontract. 24. 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.8 Builders Limit of Liability 23. It supersedes all previous arrangements. 29. 28 ENTIRE AGREEMENT The parties acknowledge that this Subcontract constitutes the entire. proposals. and endeavour to resolve the dispute in good faith.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. damage. Date last saved: 5 September 2012 © CICG . COMPLIANCE WITH THE LAW The Subcontractor must comply with any requirement under any legislation. the Subcontractor shall continue to perform and execute the Works in accordance with the Subcontract. the Subcontractor shall ensure that any information provided to the Subcontractor during the course of the execution of the Subcontract Works shall not. correspondence.2 is. LIABILITY. orders. tenders. awards.1 The Subcontractor hereby indemnifies 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.1 Payment Claim For the purposes of the Act a claim for payment under Clause 4. the Subcontractor is. codes. its employees.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. upon title passing to the Builder. the dispute remains unresolved. injury or liability. which cannot be restocked. 24 25 DISPUTE RESOLUTION 24. its employees. INDEMNITY AND INSURANCE 26. regulations.2 The Subcontractor shall compensate the Builder.3 Despite the existence of a dispute. 24. a Payment Claim. 26. 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. The notice shall provide sufficient details of the matter in dispute to enable the party notified to investigate the basis of the dispute. injury or liability in whole or in part. check date last saved below against Modified Date of this document as shown on CICG Intranet. goods or property of any kind or persons.1 If the Builder repudiates the Subcontract and the Subcontractor terminates the Subcontract. agents and consultants in full regarding or in connection with any such loss. CONFIDENTIALITY 25. damage. and b) not entitled to a quantum meruit. 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. subject to compliance with the requirements of the Act. The Builder may deduct from any moneys otherwise due or becoming due to the Subcontractor under the Subcontract such loss. The Subcontractor shall have no other Claim against the Builder. 26. damage. To verify currency. if printed. standards and ordinances of relevant authorities applicable to the Works and the Subcontract. Nominated representatives of both parties must meet within fourteen (14) days of the notice. final and concluded agreement between the parties.23.8.1 26 27 Except as required by the law. ______________________ CICG Pty Ltd “The Builder” Subcontract Agreement ______________________ The Subcontractor 05 September 2012 Page 15 of 34 Subcontractor Agreement This document is deemed “Uncontrolled”. representations.1 If a dispute arises under this Subcontract. 29 BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2002 (THE ‘ACT’) 29.

______________________ CICG Pty Ltd “The Builder” Subcontract Agreement ______________________ The Subcontractor 05 September 2012 Page 16 of 34 Subcontractor Agreement This document is deemed “Uncontrolled”.4 Adjudication Determination When issuing any adjudication determination the Adjudicator must include in the determination the reasons for the determination. 29. if printed.the date on which payment is to be made. the reason for withholding payment. 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. 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 to the Secondary Subcontractor or person. 29. the amount said to be owed. 29. any items in the Payment Claim that are excluded amounts and if the amount to be paid is less than the amount claimed. check date last saved below against Modified Date of this document as shown on CICG Intranet. To verify currency.3 Nominating authority for adjudication The authorized nominating authority for the purpose of adjudication under the Act shall be Rialto Adjudications. 29. Date last saved: 5 September 2012 © CICG . and the Subcontract Sum shall be reduced by a sum equal to any amount paid by the Builder. 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.6 Indemnity on Subcontractor Suspension The Subcontractor shall indemnify the Builder against all damage. 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.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. RICS or LEADR.

including. g) Construction Program. Water i. including special conditions (as applicable). Lighting i.ANNEXURE 1 .Trade specific. General access lighting by CICG. Site Services – the supply of Site Services is agreed as follows. f) Other Tender Documents as listed on the Document Transmittal provided. 250 volt electricity supply by CICG. 4. 3 phase / 440 volt electricity supply by the Subcontractor. with a view to ensuring that all works are fully allowed for in its tender. Specific task lighting by the Subcontractor. Supply and nominal distribution of temporary electrical switchboards by CICG. b) Scope of Works . Lunch Room/s by CICG.General. Testing. 2. The Subcontract shall be a Lump Sum Subcontract (not subject to rise and fall). ii. Builders Plant & Equipment ______________________ CICG Pty Ltd “The Builder” Subcontract Agreement ______________________ The Subcontractor 05 September 2012 Page 17 of 34 Subcontractor Agreement This document is deemed “Uncontrolled”. 3. ii. v. Date last saved: 5 September 2012 © CICG . Toilets/Change/First Aid by CICG. Office facilities and relocation as necessary. This document shall form part of the Subcontract. vi. ii. a) Scope of Works . including all services connections by Subcontractor. c) Subcontract Agreement terms and conditions. iv. Supply and maintain primary access and egress roads and/or paths by CICG. Access / Egress i. iv. experience and expertise to complete the Works. Electricity supply from the temporary electrical switchboards to the work face by the Subcontractor. The Subcontractor further acknowledges that it has been afforded the opportunity of reviewing all project documentation whether or not relevant to its particular trade. All task specific access and egress roads and/or paths by the Subcontractor. The Subcontractor shall make all allowances for the following General and Trade Specific Scope of Works. The Subcontractor agrees it has viewed the following project tender documentation and has included for all items relevant to the trade works. check date last saved below against Modified Date of this document as shown on CICG Intranet. To verify currency. iii. d) Tender Drawing/s as listed on the Document Transmittal provided. tagging and commissioning of all electrical equipment by the Subcontractor. e) Tender Specification/s as listed on the Document Transmittal provided. all as required for the due and proper completion of the Works. iii. Electrical leads / lead hooks / stands / lamps by the Subcontractor. 5. 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.GENERAL 1. Store / Shed and relocation as necessary. The Subcontractor shall allow for Site Allowance adjusted in accordance with CPI and all in accordance with the relevant Award and/or Industry Agreement.SCOPE OF WORKS . Temporary Services i. a) b) c) d) Site Accommodation i. and for all other incidental work whether or not stated in this Scope of Work. e) f) Temporary cold water supply (circa 20mm) to nominal locations by CICG. The Subcontractor acknowledges that they have the relevant skill. if printed. including all service connections by Subcontractor. ii. the drawings and/or specifications. 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.

including the obtaining of all permits and payment of all fees as required. 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. The initial TBM shall be established by CICG. ii. 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. iii. ii. The Subcontractor will be responsible to dispose of all rubbish and/or trade waste to this location/s on a daily basis. Mobile cranage by the Subcontractor. Subcontractors are required to provide to the Site all site induction documentation including SWMS. vi. ix. The Subcontractor shall allow for attendance by a Senior Supervisor of the Subcontractor at weekly Subcontractor Meetings and separate weekly Site Safety Walks. The Subcontractor shall allow for a six (6) day (56 hour) working week. 17. Site working hours will be 7:00am to 5:30pm Monday to Thursday. 8. Allow to provide full and proper supervision of the Subcontractors own site employees including provision of a full-time competent Foreman / Supervisor.i. Red Card). 15. vi. All works will be carried out in accordance with relevant Code of Practice. check date last saved below against Modified Date of this document as shown on CICG Intranet. v. No damage shall be caused to nearby and/or adjacent structures. 7:00am to 3:30pm Friday and 7:00am to 2:30pm Saturday unless otherwise advised by Site Management. All efforts must be made to minimize noise. CICG will not be held responsible for any delays in commencing works on site arising from the Subcontractors failure to comply with this instruction. vii. All horizontal and vertical materials handling shall be by the Subcontractor. disruption. if printed. at least 24 hours prior to commencement of the subcontract works on site for review and acceptance. 16. CICG will provide a nominal distribution of skip bins (or equivalent). v. To verify currency. The Subcontractor confirms its offer complies with and makes all due allowance for the Subcontractors obligations under any industrial agreement. Occupational Health and Safety Act 2004 and Plant Regulations 1995. General i. 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. etc. ______________________ CICG Pty Ltd “The Builder” Subcontract Agreement ______________________ The Subcontractor 05 September 2012 Page 18 of 34 Subcontractor Agreement This document is deemed “Uncontrolled”. Builders Lift by CICG (where applicable). 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. Tower crane by CICG (where applicable).g. iv. vibration and the like during execution of the Works. The Subcontractor acknowledges that the Works are being undertaken in an operational and functional TAFE environment. or at such other times as reasonably requested by CICG. Protection of trade specific works shall be by the Subcontractor. All setting out shall be by the Subcontractor. dust. 6. 7. 9. All prototypes by the Subcontractor. Mobile scaffolds by the Subcontractor. Grid lines shall be established by CICG. The Subcontractor will be fully responsible for a daily clean up of their subcontract works area/s. iii. iv. 12. The Subcontractor is to advise CICG of any specialist equipment that it proposes to use in the execution of this Subcontract. All terms and conditions that bind the Trade Subcontract must mirror in any Specialist Subcontract. Prior to site induction the Subcontractor is responsible to ensure all its employees are in the possession of an industry Induction Card (e. viii. 14. 11. Telephones. The Subcontractor confirms that it has visited site to ascertain the site conditions and accepts those conditions including all access / egress. Scissor and boom lifts by the Subcontractor. The Subcontractor accepts that storage of materials on site is limited and as a result should allow for additional deliveries as required. Date last saved: 5 September 2012 © CICG . viii. „Quik Stage‟ (steel) scaffolding by the Subcontractor. Man and Materials Hoist by CICG (where applicable). facsimiles and mobile telephones by the Subcontractor. 10. vii. Allow to coordinate the Works with other trades as necessary. 13.

Interview any person. f) provide all plant and equipment registers including log books and maintenance records. width. or damage to said items. Prior to commencement of works on site. c) provide reasonable access for other trades. check date last saved below against Modified Date of this document as shown on CICG Intranet. The Subcontractor must not appoint a secondary contractor / subcontractor or consultant in relation to the project where: i. tests and fees all as required for the due and proper completion and certification of the Works. The Subcontractor will be responsible for all costs arising from any industrial action caused by the Subcontractor and affecting the Works. 24. The Subcontractor shall ensure that all materials and/or equipment is protected and stored in a safe. i. Inspect. theft. All on-site storage and safekeeping of the subcontractor‟s materials. the Works are to be completed in Separable Portions as described in the tender documents. the Subcontractor must provide copies of current Certificates of Currency for Workers Compensation. Copies of the Code and Guidelines are available at „deewr. 21. If active thermal and/or smoke detectors are installed in the vicinity of the works. Where applicable. The Subcontractor will be required to complete a Statutory Declaration in the form attached with each and every Progress Claim submitted. 26. Allowance must be made to ensure all works and finishes are within specified tolerances for line. appliance. length. 27. The related entities. 28. 30. Due Allowance must be made to ensure that the Subcontractor does. calculations. 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. including those not covered by the Subcontractor‟s insurance. level. August 2009 (Guidelines). ii. iii. All manufactured materials and/or equipment shall be delivered to site in original packages. and iv. d) maintain the site in clean and tidy state on a daily basis. The subcontractor must maintain adequate records of the compliance with the Code and Guidelines by. Inspect any work. 22. 19. or ______________________ CICG Pty Ltd “The Builder” Subcontract Agreement ______________________ The Subcontractor 05 September 2012 Page 19 of 34 Subcontractor Agreement This document is deemed “Uncontrolled”. The Contractor. tools and equipment is the responsibility of the Subcontractor at all times. Public Liability Insurance and any other insurance applicable to the Subcontract.gov. Failure to provide the required documentation with each and every Progress Claim will delay processing of the subject claim. Consultants. 20. including a person occupying a position in the office of the Australian Building and Construction Commissioner. submissions. with access to: c) d) i. Date last saved: 5 September 2012 © CICG . The appointment would breach a sanction imposed by the Minister for Employment and Workplace Relations. 29. CICG takes no responsibility for any loss. including the insurance of said items. Its Subcontractors. 23. including calibration records for equipment. To verify currency. 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. and iii. References within the Specification to "the Builder" or “Contractor” shall mean Subcontractor for the purpose of this Subcontract.18.au/building‟. all relevant standards and the Subcontract. material. dry location as approved by the Site Manager. machinery. copy and record anything relevant to the Project and Works the subject of this Subcontract. Allowance must be made for Quality Assurance (QA) submissions in accordance with the specification. The Subcontractor shall allow to liaise and coordinate fully with relevant authorities in relation to all trade specific applications. the Subcontractor is to adequately cover the detectors to prevent entry of dust. e) fully clean the site of all debris in connection with their work on completion. 25. a) not effect progress of other trades. ii. 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. depth. article or facility. b) not damage the work of other trades. if printed. etc. containers and/or bundles. b) The subcontractor and its related entities agree to provide the Commonwealth or any person authorised by the Commonwealth.

Code compliance also applies to the Subcontractors new privately funded construction work. 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. 36. Guidance Notes and Australian Standards as applicable. The Subcontractor shall provide for all „as-built‟ drawings. Health. 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. without prejudice to any rights that would otherwise accrue. the Defects Liability Period and Maintenance Period shall be extended by the amount of excess time taken to complete them. 39. applicable warranties and guarantees. all to the complete satisfaction of CICG and WorkCover. 35. if printed. Final payment will not be made until all such documentation is provided to the complete satisfaction of CICG. 33. those parties shall be entitled to record that non-compliance and take it. The secondary subcontractor / subcontractor or consultant has had a judicial decision against them relating to employee entitlements. Any breach of CICG‟s 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. The Subcontractor confirms that any such costs associated with this requirement are included. The Subcontractor shall allow for a 52 week Defects Liability Period unless stated otherwise in the Specification or Scope of Works. all as required by the project Specification and/or under the Subcontract. 31. 42. The Subcontractor shall complete all outstanding items of work by not later than one week from the commencement of the Defects Liability Period. Date last saved: 5 September 2012 © CICG . and by way of executing Annexure 9 agree to specific CICG HSE requirements for the project Project Completion 40. A copy of CICG‟s Policies and Procedures may be obtained by request from CICG‟s head office.ii. f) For the avoidance of doubt. Health and Safety Guidelines. not including decisions under appeal. the Code Monitoring Group or the Commonwealth. operating and maintenance manuals. 34. Adhere to. 37. A Designated Work Group (DWG) representative may be elected from the Subcontractors employees. Allow to provide all necessary Safe Work Method Statements / Risk Assessments / Maintenance Logs and the like. The Subcontractor must make due allowances to undertake all necessary workplace hazard identification and risk assessment. To verify currency. 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. The subcontractor will be bound to comply with all CICG‟s Policies and Procedures including but not limited to Environment. Safety and Environment 32. and has not paid the claim. A Safety Committee will be established on the site. check date last saved below against Modified Date of this document as shown on CICG Intranet. The Subcontractor must allow to comply with all Occupational Health and Safety (OH&S) Codes of Practice. 41. ______________________ CICG Pty Ltd “The Builder” Subcontract Agreement ______________________ The Subcontractor 05 September 2012 Page 20 of 34 Subcontractor Agreement This document is deemed “Uncontrolled”. 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. If items are not completed within the stated period. The Subcontractor confirms that it has made due allowances and will submit a HS&E Management System prior to commencement on Site. 38.

SCOPE OF WORKS – TRADE SPECIFIC ______________________ CICG Pty Ltd “The Builder” Subcontract Agreement ______________________ The Subcontractor 05 September 2012 Page 21 of 34 Subcontractor Agreement This document is deemed “Uncontrolled”.ANNEXURE 2 . check date last saved below against Modified Date of this document as shown on CICG Intranet. if printed. To verify currency. Date last saved: 5 September 2012 © CICG .

ANNEXURE 3 . SPECIFICATIONS. if printed. SCHEDULES AND THE LIKE THAT BIND THE SUBCONTRACT AGREEMENT) ______________________ CICG Pty Ltd “The Builder” Subcontract Agreement ______________________ The Subcontractor 05 September 2012 Page 22 of 34 Subcontractor Agreement This document is deemed “Uncontrolled”. To verify currency. Date last saved: 5 September 2012 © CICG . check date last saved below against Modified Date of this document as shown on CICG Intranet.SUBCONTRACT DOCUMENTS (INSERT THE DOCUMENT REGISTER THAT CONFIRMS ALL THE DRAWINGS.

if printed.ANNEXURE 4 . check date last saved below against Modified Date of this document as shown on CICG Intranet. Date last saved: 5 September 2012 © CICG .SUBCONTRACT PROGRAM ______________________ CICG Pty Ltd “The Builder” Subcontract Agreement ______________________ The Subcontractor 05 September 2012 Page 23 of 34 Subcontractor Agreement This document is deemed “Uncontrolled”. To verify currency.

check date last saved below against Modified Date of this document as shown on CICG Intranet.DEED OF RELEASE AND INDEMNITY ______________________ CICG Pty Ltd “The Builder” Subcontract Agreement ______________________ The Subcontractor 05 September 2012 Page 24 of 34 Subcontractor Agreement This document is deemed “Uncontrolled”. Date last saved: 5 September 2012 © CICG . To verify currency. if printed.ANNEXURE 5 .

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.... Court Registrar... Justice of the Peace.SUBCONTRACTOR STATUTORY DECLARATION STATUTORY DECLARATION STATUTORY DECLARATIONS ACT 1959 Project Name: ________________________________________________________________________________________________ Progress Claim No..... ……………………………………………… Signature of Authorised Witness The authorised witness must print or stamp his or her name. 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.. address and title under section 107A of the Evidence (Miscellaneous Provisions) Act 1958 (as of 1 January 2010)...: ____________________________________________________________________________________________ I. (previously Evidence Act 1958).. if printed. I am a representative of ___________________________________________________________________________________ (“the Subcontractor”) (company name) who is in a position to know the facts declared below.... Bank Manager.... and 2... Confirm that the subcontractor..... To verify currency.. __________________________________________________________________________________________________________ (name) of __________________________________________________________________________________________________________ (address) in the state of ________________________________________________________________________________________________ (state) do hereby solemnly declare and affirm that: 1. check date last saved below against Modified Date of this document as shown on CICG Intranet. I acknowledge that this declaration is true and correct. Police Officer. All insurances required under the Subcontract Agreement are current and all premiums have been paid on the date of the draw down. (eg... That all Subcontractors..... 4...... Signature of person making this declaration [to be signed in front of an authorised witness] Before me. Date last saved: 5 September 2012 © CICG ... and I make it with the understanding and belief that a person who makes a false declaration is liable to the penalties of perjury. all secondary contractors........ suppliers and consultants have and will continue to maintain National Code compliance... Declared at ____________________________________________ this _____________day __________________________of 20____ .ANNEXURE 6 .. and 3. Pharmacist....... 5.. Dentist) ______________________ CICG Pty Ltd “The Builder” Subcontract Agreement ______________________ The Subcontractor 05 September 2012 Page 25 of 34 Subcontractor Agreement This document is deemed “Uncontrolled”... Medical Practitioner.............

.................... Director: ... Director:................ Bank Manager.......... the Product will satisfy the requirements of the Specification. By.................WARRANTY FORM (Clause 9........... Local & Statutory Authorities and satisfy all the relevant requirements of the drawings...................................... 2.......... Police Officer................................................... check date last saved below against Modified Date of this document as shown on CICG Intranet................3 it is a requirement imposed by the Builder that the Subcontractor warrants (all labour......... This Deed Poll is governed by the laws of the State of Victoria.. Australian Standards...................................... Name of Subcontractor: Subcontractor Address: ACN / ABN: For the project known as: Project Address: Pursuant to Clause 9........... Specifications & the Subcontract..............ANNEXURE 7 .............. Dentist) ______________________ CICG Pty Ltd “The Builder” Subcontract Agreement ______________________ The Subcontractor 05 September 2012 Page 26 of 34 Subcontractor Agreement This document is deemed “Uncontrolled”.......... Date last saved: 5 September 2012 © CICG ........ 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____ .... Commencing on the Date of Completion of the Works............................................... Justice of the Peace........... meet all relevant Codes of Practise........................ Medical Practitioner. Print Name: ......3) THIS DEED POLL is made on the..... that they are fit for purpose... address and title under section 107A of the Evidence (Miscellaneous Provisions) Act 1958 (as of 1 January 2010)....................... To verify currency............................................. (previously Evidence Act 1958)................... This Deed Poll shall not be revoked or otherwise modified without the prior written consent of those persons named in the Schedule.......... Date: ............................. Print Name: .... 4................... ……………………………………………… Signature of Authorised Witness The authorised witness must print or stamp his or her name...... 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.......... (eg............... The persons named in the Schedule may assign the benefits and rights accrued under this Deed........... 3...... Plant & materials) that the works as defined in the Subcontract have been successfully completed..................... Date: .............. if printed.. Court Registrar................................................................... 1............ Pharmacist..... Signature of person making this declaration [to be signed in front of an authorised witness] Before me................ 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......

00 $ 0.00 $1.000.00 $ 500.000.000.00 $ 0.00 $ 35.00 $ 2.00 $ 15.00 Value of Subcontracto r Claim to Date (Cumulative) $ 100.00 $ 200.00 $ 65.00 Total Claim this Month $ 50.00 Total Claim this Month: $18.00 $ 450.00 $ 100.500.00 % Claimed as complete 50% 30% 10% Total Claim this Month $ 750.00 $ 18.00 $210.00 Claim Summary: Total Claim for Base Subcontract Works this Month: Total Claim for Approved Variations this Month: $18.00 $ 135.750.00 $650. 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.846.00 $ 0.00 $ 30.000.00 $210. 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.450.00 Subcontractor Claim Details Value of Less Value Subcontractor Claim Previously to Date Certified (Cumulative) (Cumulative) 10% 30% 10% 10% 0% $ 1.00 Less Security (Cash Retention): 10% ($1.00 $65.00 $ 0.000.PAYMENT CLAIM TEMPLATE Pursuant to Clause 4.460.000.00 $ 750. 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. Date last saved: 5 September 2012 © CICG .00 $ 20.00 $ 1. 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 $ 35.00 $ 20.000. if printed. the Subcontractor shall provide the below minimum requirements with each Payment Claim to enable the Builder to accurately assess the Progress Claim.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) Total Claim Due for Payment this Month: $16.00 Value of Variation Submitted $ 37.00 $ 1. check date last saved below against Modified Date of this document as shown on CICG Intranet.00 $ 2.614.000.00 $ 750. To verify currency.00 $ 190.000.00 $ 15. For Example.250.00 $ 1.500.ANNEXURE 8 .00 ______________________ CICG Pty Ltd “The Builder” Subcontract Agreement ______________________ The Subcontractor 05 September 2012 Page 27 of 34 Subcontractor Agreement This document is deemed “Uncontrolled”.000.00 Less Value Previousl y Certified (Cumulati ve) $ 50.250.000.00 $ 18.00 $100.500.00 $ 3.000.000.

□ □ 9. □ □ 9.1. □ □ 9.1 The Trade Contractor understands that the minimum PPE required to be worn on site includes a hard hat. A Designated Work Group (DWG) representative may be elected from the Trade Contractor‟s employees. □ □ 9.5 The Trade Contractor will submit the SWMS a minimum of 3 days prior to works commencing to provide adequate time for CICG review. □ □ 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). The employee must have a current copy of the card.6 CICG‟s 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. if printed.7 A Safety Committee may be established on the site. will not be accepted.1. The Trade Contractor understands that they are responsible for providing an interpreter if their employees attending the induction are unable to understand English.1.1.HSE REQUIREMENTS CHECKLIST OCCUPATIONAL HEALTH & SAFETY YES NO 9.1. The Trade Contractor confirms that any such costs associated with this requirement are included.4 The Trade Contractor understands that Generic SWMS for a range of different hazards such as for power tools. □ □ 9. 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 Page 28 of 34 Subcontractor Agreement This document is deemed “Uncontrolled”. resubmission if required.1. and approval. The SWMS must detail the actual work to be done (step by step) and list hazards and controls sequentially as they occur.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. □ □ 9.2 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.1. To verify currency. Date last saved: 5 September 2012 © CICG .1.1. Items marked with an “M” are mandatory and must be provided.1. check date last saved below against Modified Date of this document as shown on CICG Intranet. no booking slips accepted and no numbers provided without evidence of the card.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. □ □ 9.ANNEXURE 9 .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. □ □ 9. Hi-Vis clothing and steel capped boots and will ensure all of their employees are informed and provided with the necessary equipment □ □ 9. □ □ 9. The Trade Contractor is responsible for inducting their employees into the SWMS and providing CICG with a record. use of EWP etc.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.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.

The trade contractor is also responsible for keeping all electrical tools and leads up to date with testing requirements.26 The Trade Contractor understands that they must supply fire extinguishers for any hot work they are required to undertake on site. working in confined spaces.15 The Trade Contractor understands that all plant must be inspected to ensure it is safe.1. □ □ 9.1. Date last saved: 5 September 2012 © CICG .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.1.1.18 The Trade Contractor understands that servicing & maintenance will not be permitted to commence without an acceptable SWMS reviewed by CICG □ □ 9. 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. □ □ 9.1. □ □ 9. This will include witnessing that log books.17 The Trade Contractor understands that plant will not be permitted to operate without current servicing and maintenance records being provided to CICG □ □ 9.1.1.19 Plant & equipment is to be refuelled on site? □ □ 9. serviceable and accompanied by comprehensive start-up and operational instructions to ensure it is safe to use.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.for such acitivities as working at heights.1.1. No freestanding bottles. have been completed □ □ 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.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.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. check date last saved below against Modified Date of this document as shown on CICG Intranet.29 The Trade Contractor understands that records of inspection and test □ □ ______________________ CICG Pty Ltd “The Builder” Subcontract Agreement ______________________ The Subcontractor 05 September 2012 Page 29 of 34 Subcontractor Agreement This document is deemed “Uncontrolled”.28 The Trade Contractor understands that they are responsible for providing their own barricading and signage to protect other workers on site.27 The Trade Contractor understands that Oxy and Acetylene bottles are to be fitted with flashback arrestors and secured in trolleys at all times.1. where required. □ □ 9.20 If yes.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. or operation of plant where no WorkSafe High Risk License is required such as for an excavator or bobcat. □ □ 9. use and storage of hazardous substances is incorporated into the Safe Work Method Statement.1. the Trade Contractor understands that refuelling will not be permitted to commence without an acceptable SWMS reviewed by CICG. To verify currency. 9.14 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. □ □ 9.1. □ □ 9. □ □ 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. □ □ 9.1. if printed.1.

1. □ □ 9.37 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.31 The Trade Contractor understands that they must detail emergency response procedures within their SWMS for any person working in fall arrest.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. if printed.33 The Trade Contractor has allowed to provide adequate resources to achieve a high standard of progressive site clean up.1.1. Date last saved: 5 September 2012 © CICG . □ □ 9.1.1.1. Work shall not be permitted to commence until evidence of such insurance has been provide to CICG. inspections of fall prevention equipment. 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. working at heights training.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.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. 9.1. □ □ 9. □ □ 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. □ □ ______________________ CICG Pty Ltd “The Builder” Subcontract Agreement ______________________ The Subcontractor 05 September 2012 Page 30 of 34 Subcontractor Agreement This document is deemed “Uncontrolled”. □ □ 9.1.will be required for any fall prevention equipment used on site in accordance with AS/NZS 1891. rating and capacity and emergency response. investigations into ALL incidents.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. To verify currency.32 The Trade Contractor understands that the SWMS must clearly detail any requirements for working at height including but not limited to access. □ □ 9. including working in a boom type EWP. anchor points to be used – their location. check date last saved below against Modified Date of this document as shown on CICG Intranet.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. or provide assistance in the conduct of.1.1.36 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. □ □ 9.1 “Industrial Fall-Arrest Systems and Devices”.

check date last saved below against Modified Date of this document as shown on CICG Intranet.2 The Trade Contractor confirms it is aware that the National Code of Practice for the Construction Industry (the Code). 9. Any failure to comply will result in employees being sent off site at no cost to CICG. CMG or the Office of the ABCC. □ □ 9. □ □ ______________________ CICG Pty Ltd “The Builder” Subcontract Agreement ______________________ The Subcontractor 05 September 2012 Page 31 of 34 Subcontractor Agreement This document is deemed “Uncontrolled”.2. Code Monitoring Group (CMG) or the Building Industry Branch of the Department of Education.INDUSTRIAL RELATIONS YES NO 9. Full details of persons to be inducted must also be provided 5 days prior to commencement.2. □ □ 9.23workforce is elected as an employee representative. To verify currency. □ □ 9.2. Employment and Workplace Relations (DEEWR).The Trade Contractor confirms that its employees will use the site facilities provided as lunch at the work face will not be permitted. if printed.8 The Trade Contractor confirms that it will bear their own costs for Industrial Stoppages / Safety / Delays.3 The Trade Contractor has completed the NCOP Declaration of Compliance? □ □ □ □ COMMENTS The Trade Contractor confirmed that they are aware of the requirements to.2.9 Site Amenities .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. □ □ 9. □ □ 9.2.11 The Trade Contractor confirms that if a member of its 9.2. 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.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.1.2. then all costs associated with that role have been allowed for. These documents can be viewed at the Australian Workplace website at www.1 The Trade Contractor confirms that all industrial issues on the project will be advised to CICG: □ □ 9. The Trade Contractor agrees to abide by the CICG Site Induction requirements and safety plan.7 The Trade Contractor acknowledges that 5 days‟ notice is to be provided prior to sending any employees or specialist subcontractors to site.4  Report any alleged breaches or other Code-related matters to the Office of the ABCC.au/building.2.2.workplace. Date last saved: 5 September 2012 © CICG .  Notify CMG of all allegations of breaches of the Code and Guidelines within 21 days of the Subcontractor becoming aware of the alleged breach.2. □ □ 9. and  Report any suspected breaches of the Code to CICG. including inclement weather and its consequences. 9.10 The Trade Contractor confirms that car parking may not be available on site for its staff or employees.2.gov.

□ □ 9.QUALITY CONTROL YES NO 9.15 Plant & equipment to be fitted with approved noise suppression equipment (mufflers etc.4. Measuring and Testing Equipment .11 Minimise dust with dust suppression measures.4 Stockpiles to be established at CICG approved locations.4.5 Silt control fencing to be posted as per contract plans. □ □ 9.4. □ □ 9.6 Traffic Management Plan to address advancement of soil from site.3. To verify currency. Date last saved: 5 September 2012 © CICG .).4.4. □ □ 9.4. check date last saved below against Modified Date of this document as shown on CICG Intranet.4.7 Wash down sedimentation troughs to be provided at all work faces □ □ 9.4.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.4.4.The Trade Contractor confirms it shall submit any required samples or prototypes for approval. □ □ YES NO COMMENTS ENVIRONMENT 9. □ □ 9.5. Hand over Documents .8 Archaeological & Heritage Zones to be cordoned off and strictly controlled □ □ 9.13 Clean as you go policy □ □ 9. □ □ 9.4.9 MSDS & Hazardous Material/Substance registers to be maintained.4 Shop Drawings . The Trade Contractor shall not proceed with subsequent works until the required approvals have been issued.2 Stormwater drain silt protection to be installed throughout project □ □ 9.3. □ □ 9. if printed.2 Inspection.4.4. □ □ ______________________ CICG Pty Ltd “The Builder” Subcontract Agreement COMMENTS ______________________ The Subcontractor 05 September 2012 Page 32 of 34 Subcontractor Agreement This document is deemed “Uncontrolled”.3 Samples and Prototypes .3.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.3.1 The Trade Contractor has allowed for the provision and maintenance of the following controls to eliminate or minimise the environmental impacts of their activities □ □ 9.3. Equipment shall be calibrated at the nominated intervals and records submitted to CICG.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. □ □ 9.14 Activities to be conducted within approved work hours unless approved otherwise by CICG. □ □ 9. □ □ 9.3 Site to be maintained in accordance with contract plans □ □ 9.10 Hazardous Materials Store to be provided □ □ 9.The Trade Contractor confirms that it shall submit all necessary shop drawings for approval.4.1 Hold and Witness Points .12 Finish trade cutting rooms to be established □ □ 9.4.

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. check date last saved below against Modified Date of this document as shown on CICG Intranet. permit to dig.3 E. M Are the controls free of ambiguous wording such as "Acceptable".2 A. "Adequate".1 A. handling and exposure been incorporated into the SWMS? LEGISLATION.1 L L. 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 Organization‟s 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.1 M M.SWMS REVIEW FORM (SAMPLE) Safe Work Method Statement (SWMS) Review Form Project: Job No.2 E.1 B.3 J J. 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.5 B B. 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. 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. Not Applicable "NA" is NOT an option for Mandatory requirements.e.: Task / Activity: Attach a copy of the SWMS SWMS Title: Location: NOTES FOR SWMS REVIEWS 1 2 3 A A.: Subcontractor: Date Issued: Supervisors Name: Phone No.2 H H. Date last saved: 5 September 2012 © CICG .4 A.1 J.2 F. When complete.3 A. trained personnel)? TRAINING and COMPETENCE Y N NA Do the persons undertaking the work require special qualifications? If so.1 E E.2 I.APPENDIX 10 . Mandatory requirements that must be adequately addressed in the SWMS are marked as "M".5 E.1 I.g. and M Are any special notices or permits (eg/ hot works. STANDARDS and CODES OF PRACTICE Y N NA Has the relevant OHS legislation.1 F.1 H.2 C. 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 Page 33 of 34 Subcontractor Agreement This document is deemed “Uncontrolled”.3 I I.4 E. If the answer to any of these items is "No" then an acceptable resubmission of the SWMS is required. the SWMS Review form is to be filed with the relevant SWMS.6 F F. hazards and risks M are not to be grouped together)? Are manual handling hazards adequately addressed? Are any special temporary supports.3 D D.1 G. are requirements nominated? (e.2 Each SWMS is to be reviewed by CICG PRIOR to commencing relevant work using this review form. To verify currency.3 G G.2 K K. Working at Heights training. 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.2 H.2 B.1 C. 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.3 C C.1 M. if printed.1 E. SWMS acknowledgement of participation) SWMS REVIEWED BY CICG REPRESENTATIVE Name: Sign: Date: SWMS ASSESSMENT Resubmission not required.

................. 6.................................... ................................................ Copy of stamped and signed by all Parties page attached (note: Sole Traders Exempt).......................................................................................................................Certificate of Currency attached..................APPENDIX 11 ................Certificate of Currency attached....................................................IPT............................................................................................................... if printed.....................................................Proof of Employer Registration attached.................................................. Current WorkPlace Agreement (Fair Work Ratified).................................................Proof of Employer Registration attached....................................................................................................................................................................CTP).................................................SUBCONTRACTOR CHECKLIST Prior to returning your executed Subcontract...................................................................................................... To assist with this process please complete the below checklist..... Notes: ... ............ .............................. Workcover Insurance ............................................................................................... 5......................................................... To verify currency......................................................... ............................ Long Service Leave .......................................................................................................................................................................................................................... ... 3......... (Note: If a requirement of the Subcontractors Workplace Agreement)...................................................................................................................................................... ............................................................... 7......... Document to be Attached Tick once Attached 1... Superannuation ..... .................................................................................. check date last saved below against Modified Date of this document as shown on CICG Intranet................................ Public Liability Insurance ................................................................ 2............................................................................ .......... ______________________ CICG Pty Ltd “The Builder” Subcontract Agreement ______________________ The Subcontractor 05 September 2012 Page 34 of 34 Subcontractor Agreement This document is deemed “Uncontrolled”............................ Executed Subcontract Agreement including completed Annexure 9 attached...................... ....................................... Redundancy (Incolink or equal to) (+PSL....................................... (Note: If a requirement of the Subcontractors Workplace Agreement)............. please ensure that the below documents are attached................................. Date last saved: 5 September 2012 © CICG .............. 4...........................................................