Disclaimer: This document is a sample copy of the jobactive Deed 2015-2020- Work for the Dole Coordinator.This copy is provided only for your information and as a guide. If you have entered into a deed with the Department, you must rely on the original signed deed and any deed variations you have entered into. You should seek your own legal advice, if required. While the Department has exercised reasonable care in publishing this document, the Department makes no representation, express or implied, as to the accuracy or currency of this document or its applicability to you or your circumstances. You should note that you may or may not have executed the deed, or any subsequent deed variations to it, in the particular form expressed in this document. The Department accepts no liability for any use of this document or any reliance on it.
Note: This document shows variations from the original Deed, which commenced on 1 July 2015, as follows:
(a)words shown in colour are inserted;
(b)words shown in colour and strikethrough are deleted;
(c)the relevant General Deed Variation (‘GDV’) is noted next to each change (e.g. GDV1); and
(d)each GDV has a different colour.
jobactive Deed 2015-2020 – Work for the Dole Coordinator
Work for the Dole Coordinatorservices
Effective 1 July 2015 GDV 1
Effective 18 January 2016GDV 1GDV 2
Effective 1 July 2016GDV 2
jobactive Deed 2015-2020 – Work for the Dole CoordinatorPage 1
Work for the Dole Coordinator Initials: ______
Department Initials: ______
Table of Contents:
1Term of this Deed
2Services
3Joint Charter of Deed Management
4Fees
5Exclusions
6Overpayments and double payment
7Fraud
8The Department may vary certain terms
9Subcontracting
10Specified Personnel
11Corporate Governance
12External administration
13Insurance
14Liaison
15Commonwealth Material
16Deed Material
17Disclosure of Information
18Protection of Personal and Protected Information
19Records and Third Party Systems
20Access to documents for the purposes of the Freedom of Information Act 1982 (Cth)
21Access to premises and Records
22Reporting
23Financial statements and guarantees
24Evaluation activities
25Programme Assurance Activities
26Indemnity
27Liability of the Work for the Dole Coordinator to the Department
28Partnerships and Tendering Groups
29Conflict of Interest
30Negation of Employment, Partnership and Agency
31Entire agreement, Variation and Severance
32Waiver
33Assignment and Novation
34Dispute Resolution
35Work for the Dole Coordinator suspension
36Remedies
37Performance under past Commonwealth agreements
38Termination with Costs and Reduction
39Termination for Default
40Compliance with Laws and Our Policies
41Indigenous Procurement Policy
42Applicable Law and Jurisdiction
43Notices
44Gap filling
45Transition
46Acknowledgement and promotion
47The Department’s right to publicise the Services and best practice
48Survival of Clauses
49Interpretation
Schedule 1– Work for the Dole Coordinator’s obligations
A.Completion Date (clause 1)
B.Services (clause 2)
C.Claiming Fees (clause 4)
D.Partnerships and Tendering Group members (clause 28)
E.Subcontractors (clause 9)
F.Specified Personnel (clause 10)
G.Insurance (clause 13)
H.Commonwealth Material (clause 15)
I.Deed Material (clause 16)
J.Protection of Personal Information (clause 18)
K.Compliance with Laws and Policies (clause 40)
L.Notices (clause 43)
Schedule 2– The Department’s obligations
AA.Fees (clause 4)
BB.Account Manager (clauses 14 and 43)
Schedule 3– Performance management
A.Key Performance Indicators
B.Performance reviews and feedback
C.Additional Performance Feedback
Annexure 1 – Joint Charter of Deed Management
jobactive Deed 2015-2020 – Work for the Dole CoordinatorPage 1
Work for the Dole Coordinator Initials: ______
Department Initials: ______
Parties
COMMONWEALTH OF AUSTRALIA(‘Commonwealth’) represented by and acting through the Department of Employment (‘the Department’) ABN 54 201 218 474
AND
(‘Work for the Dole Coordinator’).
Note: This Deed uses a number of words which are defined in clause 49.1 [Interpretation]. Defined terms start with a capital letter, e.g.‘Conflict’.
Purpose
The Department requiresthe Work for the Dole Coordinator to provide theServices, including working closely with Work for the Dole Host Organisations andEmployment Providers to helpdevelop, identify andsecure Work for the Dole Places in the Work for the Dole Coordinator’s Employment Region(s), and otherwise supporting Work for the Dole.
1Term of this Deed
1.1This Deed takes effect from the Deed Commencement Date and, unless terminated earlier, expires on the Completion Date.
1.2The Department may, at itssole option, offer the Work for the Dole Coordinator an extension of the Term of this Deed:
(a)for one or more extended periods; and
(b)if the Department determines at its absolute discretion, on the basis of additional terms and conditions, or variations to existing terms and conditions,
by giving notice to the Work for the Dole Coordinator not less than 20 Business Days prior to the end of the Completion Date or where the Term of this Deed has already been extended under this clause, the expiry of the Term of this Deed as extended.
1.3Subject to clause1.2, if the Work for the Dole Coordinator acceptsthe Department’s offer to extend the Term of this Deed, the Term of the Deed will be so extended and all terms and conditions of this Deed continue to apply, unless otherwise agreed in writing between the Parties.
2Services
2.1The Work for the Dole Coordinator must carry out the Services:
(a)in accordance with this Deed, including at the times and in the manner specified in item B of Schedule 1;
(b)diligently, effectively and to a high professional standard;
(c)where relevant and consistent with thisDeed, in accordance with the undertakings given in the Work for the Dole Coordinator’s tender response to the request for tender for this Deed;
(d)so as to achieve an optimum performance when measured against the KPIs set out in Schedule 3; and
(e)tothe Department’s complete satisfaction.
2.2The Work for the Dole Coordinator agrees not to act in a way which could be reasonably expected to bring Work for the Dole, the Services or the Department into disrepute.
2.3The Work for the Dole Coordinator must:
(a)not engage in, and must ensure that its Personnel, subcontractors, Third Party IT Providersand agents do not engage in, any practice thatmanipulates or impacts, as relevant, any aspect of the Services including any:
(i)Record;
(ii)Fee orFee-related process;
(iii)Eligible Job Seeker or Employer;
(iv)Work for the Dole Place;or
(v)monitoring of the Services by the Department,
with the effect of improperly, as determined by the Department, maximising payments to, or otherwise obtaining a benefit for, the Work for the Dole Coordinator or any other entity or entities person or persons; and
(b)without limitation to any rights of the Department under this Deed or at law, where suchan improper practice is identified by the Work for the Dole Coordinator, immediately:
(i)take all action necessary to appropriately remedy the practice; and
(ii)notify the Department of the practice identified and the remedial action taken and provide all information in relation to the situation as required by the Department.GDV 1
2.4The Work for the Dole Coordinator must advise its officers and employees that:
(a)they are Commonwealth public officials for the purposes of section 142.2 of the Criminal Code Act 1995 (Cth) (‘Criminal Code’);
(b)acting with the intention of dishonestly obtaining a benefit for any person is punishable by penalties, including imprisonment; and
(c)disclosures of wrongful “disclosable conduct” under the Public Interest Disclosure Act 2013(Cth) can be made directly to their supervisors within the Work for the Dole Coordinator, or to an Authorised Officer of the Department as specified on the Department’s website at where a disclosure of relevant “disclosableconduct” is made to a supervisor within the Work for the Dole Coordinator, the relevant supervisor is required under section 60A of the Public Interest Disclosure Act 2013 (Cth)by law to pass information about disclosable conduct to an Authorised Officer of the Department.GDV 1
2.5The Work for the Dole Coordinator must ensure that all information provided to the Department in any form and by any means, including the information contained in any Reports or in relation to the payment of Fees, is true, accurate and complete.
2.6Subject to the express provisions of this Deed, the Work for the Dole Coordinator is fully responsible for the performance of the Services, for ensuring compliance with the requirements of this Deed, and all costs of meeting the Work for the Dole Coordinator’s obligations under this Deed, notwithstanding any other matter or arrangement, including any subcontracting arrangements.
3Joint Charter of Deed Management
3.1Subject to clause 3.2, the Parties agree to conduct themselves in accordance with the Joint Charter of Deed Management.
3.2Clause 3.1 does not in any way limit the right of either Party to take action or exercise rights that would, if not for the Joint Charter of Deed Management, be available to it under this Deed.
4Fees
4.1Subject to sufficient funds being validly appropriated for jobactive and the Work for the Dole Coordinator’s compliance with this Deed, including item Cof Schedule 1, to the Department’s complete satisfaction,the Department willmake payments to the Work for the Dole Coordinatorat the times and in the manner specified in item AA of Schedule 2.
4.2Without limiting the Department’s rights under this Deed or the law, the Department may withhold, suspend or recover any payment in whole or in part, if, as determined by the Department:
(a)the Work for the Dole Coordinator has not performed its obligations under this Deed to the Department’s complete satisfaction; or
(b)the Work for the Dole Coordinator has outstanding or unacquitted money under any arrangement (whether contractual or statutory) with the Department.
4.3If the Department exercisesits rights under clause 4.2, the Work for the Dole Coordinator must continue to perform any obligations under this Deed, unless the Department agrees otherwise in writing.
5Exclusions
5.1The Department is not responsible for the payment of any money in excess of the Fees set out in this Deed.
5.2The Department is not required to make any superannuation contributions in connection with this Deed.
5.3The Work for the Dole Coordinator declares that it is not entitled to payment from the Department, other Commonwealth sources or state, territory or local government bodies for providing the same or similar services as provided under this Deed (excluding services provided under a jobactive Deed), and the Department may require the Work for the Dole Coordinator to provide evidence, in a form acceptable to the Department, which proves that the Work for the Dole Coordinator is not so entitled.
5.34Unless otherwise agreed in writing with the Department, the Work for the Dole Coordinator must not demand or receive any payment or any other consideration either directly or indirectly from any Work for the Dole Host Organisation or Employment Provider for, or in connection with, the Services. GDV1
6Overpayments and double payment
Overpayment
6.1If, at any time,the Department determines thatan overpaymentby the Departmenthas occursedfor any reason (including where an invoice has been incorrectly rendered after payment or the Department determines that the Work for the Dole Coordinator has otherwise been paid an amount that it was not entitled to), then this amount must be repaid to the Department within 20 Business Days of a written notice from the Department, or dealt with as otherwise directed in writing by the Department.
6.2An overpayment may be recovered from the Work for the Dole Coordinator, including by offsetting that overpayment against any amount subsequently due to the Work for the Dole Coordinator under this Deed or any other arrangement between the Parties.
6.3If an overpayment is not repaid to the Department in accordance with this clause6, Interest is payable on the amount after the expiry of the 20 Business Days’ notice referred to in clause6.1, until the amount is paid in full.
6.4If, at any time, anyAny amount isowed to the Department under clause 6.1andor any Interestis owed under clause6.3, is recoverable bythe Department may, at its absolute discretion, recover some or all of the relevant payment amounts as a debt due to the Commonwealth by the Work for the Dole Coordinator without further proof of the debt being necessary., and without prejudice to any other rights that the Department may have under this Deed or the law.
Double payment
6.5The Work for the Dole Coordinator warrants that neither it andnor any Related Entities are notentitled to payment from the Department, other Commonwealth sources or state, territory or local government bodies for providing services that are the same as, or similarto, the services as provided under this Deed (excluding services provided under a jobactive Deed), and the Department may require the Work for the Dole Coordinator to provide evidence, in a form acceptable to the Department, which proves that the Work for the Dole Coordinator is not so entitled.
6.6For the purposes of clause 6.5, if the Department determines, at its absolute discretion, that the Work for the Dole Coordinator, or any Related Entity, is entitled to payment from the Department, other Commonwealth sources or state, territory or local government bodies for providing the same or similar services as provided under this Deed, the Department may, at its absolute and unfettered discretion:
(a)make the relevant payment;
(b)decide not to make the relevant payment; or
(c)recover any relevant payment made by the Department as a debt.
6.57An adjustment note must be provided to the Department if required by the GST Act, including where the Work for the Dole Coordinator repays some or all of the Fees to the Department.
GDV1GDV2
7Fraud
7.1The Work for the Dole Coordinator must not engage in, and must ensure that it’s Personnel, subcontractors and agents do not engage in, fraudulent activity in relation to this Deed. GDV1
7.2The Work for the Dole Coordinator must take all reasonable steps to prevent fraud upon the Commonwealth, including the implementation of an appropriate fraud control plan, a copy of which must be provided to the Department on request.
7.3If, after investigation, the Department determines that the Work for the Dole Coordinator has been engaged in fraudulent activity, the Department may, without limitation to any other rights available to the Department:
(a)take action under clause36.2; or
(b)terminate this Deed under clause39,
by providing notice to the Work for the Dole Coordinator.
Note: The Criminal Code provides that offences involving fraudulent conduct against the Commonwealth are punishable by penalties including imprisonment.
8The Department may vary certain terms
8.1Without prejudice to any other rights that the Department may have under this Deed or the law, the Department may, at any time, vary the:
(a)Fees;
(b)Targets; and/or
(c)Employment Region(s);
for all or part of the Term of this Deed:
(d)based on the Department’s assessment of projected changes to labour market conditions in an Employment Region (including past and/or future projected Eligible Job Seeker demand); or
(e)acting reasonably, for any other reason as determined by the Department at its absolute discretion,
by providing notice to the Work for the Dole Coordinator.
8.2If the Department exercises its rights under clause8.1:
(a)where relevant, this Deed is deemed to be varied accordingly; and
(b)the Work for the Dole Coordinator must perform all of its obligations under this Deed as varied.
9Subcontracting
9.1The Work for the Dole Coordinator must not, without the Department’s prior written approval, subcontract the performance of any of its obligations under this Deed. In giving approval, the Department may impose terms and conditions as the Department thinks fitand the Work for the Dole Coordinator must comply with any such terms and conditions.
9.2The subcontractors that the Department has approved at the Deed Commencement Date, and any terms and conditions relating to their use, are identified in item E of Schedule 1.
9.3The Work for the Dole Coordinator is fully responsible for the performance of its obligations under this Deed, even if it subcontracts some or all of them.
9.4Despite any approval given by the Department under clause9.1, the Work for the Dole Coordinatoris responsible for ensuring the suitability of a subcontractor for the work proposed to be carried out and for ensuring that the work meets the requirements of this Deed.
9.5The Department may publicly disclose the names of any subcontractors engaged to perform the Servicesandthe Work for the Dole Coordinator must inform relevant subcontractors of this right, and otherwise comply with its obligations under clause18.
9.6The Department may revoke its approval of a subcontractor on any reasonable ground by giving written notice to the Work for the Dole Coordinator. On receipt of the notice the Work for the Dole Coordinator must, at its own cost, promptly cease using that subcontractor and arrange their replacement with personnel or another subcontractor acceptable to the Department.
9.7If the Department withdrawsits approval of a subcontractor, the Work for the Dole Coordinator remains liable under this Deed for the past acts or omissions of its subcontractors as if they were current subcontractors.
9.8The Work for the Dole Coordinator must not enter into a subcontract under this Deed with a subcontractor named by the Director of the Workplace Gender Equality Agency as an employer currently not complying with the Workplace Gender Equality Act 2012(Cth) (the WGE Act).
9.9The Work for the Dole Coordinator must, in any subcontract:
(a)reserve a right of termination to take account of the Department’s right of termination under clauses38and 39 and the Department’s right of revocation of approval of a subcontractor under clause9.6, and the Work for the Dole Coordinator must, where appropriate, make use of that right in the subcontract in the event of a termination, or revocation of approval of the subcontractor, by the Department; and
(b)bind the subcontractor, with respect to the Department, to all relevant terms and conditions of this Deed including clauses13, 17, 18, 19, 21, 30 and 40.
9.10If the Work for the Dole Coordinator does not comply with this clause 9, the Department may:
(a)take action under clause 36.2; or
(b)terminate this Deed under clause 39.
10Specified Personnel
10.1The Work for the Dole Coordinator must ensure that the Specified Personnel:
(a)have the appropriate skills to deliver the Services; and
(b)undertake work on the Services in accordance with the terms of this Deed, including item E.1 of Schedule 1.