Local Government (General) Amendment (Tenders) Regulation 2008 (NSW)

2008 No 459

New South Wales

Local Government (General)

Amendment (Tenders) Regulation 2008

under the

Local Government Act 1993

His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Local Government Act 1993.

BARBARA PERRY, M.P.,

Minister for Local Government

Explanatory note
Section 55 of the Local Government Act 1993 requires a council to invite tenders before entering into certain contracts. The object of this Regulation is to amend the Local Government (General) Regulation 2005 to require a person who submits a tender for the provision of domestic or other waste management services to provide information about the continued employment or engagement by the successful tenderer of persons employed or engaged under pre-existing contracts for provision of the same kind of services. Clause 178 (2) of the Regulation requires a council to take this information into account in considering tenders for contracts for the provision of domestic or waste management services.

This Regulation is made under the Local Government Act 1993, including section 748 and clause 5 of Schedule 6.

Published in Gazette No 134 of 24 October 2008, page 10335	Page 1
2008 No 459
Clause 1	Local Government (General) Amendment (Tenders) Regulation 2008

Local Government (General) Amendment (Tenders)

Regulation 2008

under the

Local Government Act 1993

1      Name of Regulation

This Regulation is the Local Government (General) Amendment
(Tenders) Regulation 2008.

2 Amendment of Local Government (General) Regulation 2005

The Local Government (General) Regulation 2005 is amended as set out in Schedule 1.

2008 No 459

Local Government (General) Amendment (Tenders) Regulation 2008

Amendments	Schedule 1
Schedule 1	Amendments

(Clause 2)

[1]      Clause 170 Tender documents

Insert after clause 170 (1) (d):

, and

(e) if the proposed contract is for the performance of domestic or other waste management services of the same kind as those performed under a contract in force immediately before the tenders are invited (an existing contract)— specify the information which must be submitted about the continuity of employment of workers employed or engaged by the contractor under the existing contract to perform the domestic or other waste management services (the existing workers).

[2]      Clause 170 (1A)

Insert after clause 170 (1):

(1A)

Without limiting subclause (1) (e), information that must be
submitted is:

(a)

a statement as to whether or not the proposed contractor intends to offer the existing workers employment or engagement with the contractor if the tender is accepted, and

(b)

if employment or engagement is offered—relevant details of the terms and conditions of employment or engagement that will be offered (including details of remuneration, preservation of accrued or accruing leave and other entitlements, hours of work, working conditions and rights to negotiate working conditions under the Industrial Relations Act 1996, the conduct of training with respect to industrial rights and occupational health and safety, duration of the employment or engagement and rights with respect to trade union membership).

[3]      Clause 170 (3) and (4)

Insert after clause 170 (2):

(3) Subclause (1) (e) does not apply to tender documents issued
before the commencement of this subclause.

2008 No 459

Local Government (General) Amendment (Tenders) Regulation 2008

Schedule 1 Amendments

(4) In this clause:
domestic or other waste management services means the
storage, treatment, processing, collecting, removal, disposal,
destruction, sorting or recycling of domestic waste and other
waste.

[4]      Clause 178 Acceptance of tenders

Insert after clause 178 (1):

(1A) Without limiting subclause (1), in considering the tenders submitted for a proposed contract for the performance of domestic or other waste management services, the council must take into account whether or not existing workers (within the meaning of clause 170) will be offered employment or engagement on terms and conditions comparable to those applicable to the workers immediately before the tender was submitted.

BY AUTHORITY