59.1  Major Projects Skills Guarantee

(a)  (Major Projects Skills Guarantee): Project Co acknowledges that the Major Projects Skills Guarantee requires that a minimum of 10% of the total labour hours for the Works be performed by Apprentices, Trainees and Engineering Cadets.

(b)  (Compliance): Project Co must, in performing its obligations under this Deed in connection with the Works during the Development Phase, comply with the Major Projects Skills Guarantee and the Major Projects Skills Guarantee Compliance Plan.

(c)  (Application to the Works): Project Co agrees that the minimum labour hours requirements set out in the Major Projects Skills Guarantee Compliance Plan will:

(i)  be applied to the Works as a whole; and

(ii)  not be applied on the basis of individual Subcontracts or components.

(d)  (Inclusion of Apprentices, Trainees or Engineering Cadets): Subject to clause 59.1(e) and clause 59.1(f), the parties agree that labour hours performed by Apprentices, Trainees or Engineering Cadets either separately or in any combination, may be included in determining whether the requirements of the Major Projects Skills Guarantee Compliance Plan have been achieved. 

(e)  (Work hours performed by Apprentices): Work hours performed by Apprentices may include work hours performed by Apprentices:

(i)  directly employed by Project Co and any Subcontractors; and

(ii)  employed through Group Training Organisations.

(f)  (Time spent training): Time spent by Apprentices, Trainees or Engineering Cadets attending course related education in accordance with a Training Contract at a Registered Education and Training Organisation, or other educational institution, may be included in determining whether the requirements of the Major Projects Skills Guarantee Compliance Plan have been achieved.

(g)  (Subcontracts): Project Co must ensure that any Subcontracts entered into in relation to the Works contain clauses requiring Subcontractors:

(i)  to comply with the Major Projects Skills Guarantee and the Major Projects Skills Guarantee Compliance Plan to the extent that it applies to work performed under the Subcontract;

(ii)  to provide necessary information that allows Project Co to comply with its reporting obligations under clause 59.3; and

(iii)  to permit the State to exercise its inspection and verification rights under clause 59.5.