As a condition of the project, government will require that:
• the private party or its sub-contractors will offer employment to those employees of government nominated or identified by government
• employment offered by the private party or its sub-contractors to the relevant government employees will be on conditions of remuneration no less favourable than those that pertain under any applicable award, certified agreement or other registered industrial agreement
• the private party satisfies government that it will take steps to protect and secure the accrued entitlements of those government employees who become employees of the private party or its sub-contractors
• the private party and its sub-contractors will comply with their legal obligations in relation to superannuation contributions on behalf of employees carrying out work related to the public private partnership services.
In entering into the project agreements, government will take into account any liability that a private party may acquire under legislation or otherwise as a consequence of being required to employ any government employees.
Sample contract wording addressing these issues is set out below: