NSW GOVERNMENT

AND

MASTER BUILDERS ASSOCIATIONOF NEW SOUTH WALES

Industry Based Agreement forAboriginal Employment andEnterprise Development

2014

THIS AGREEMENT IS MADE BETWEEN:

the GOVERNMENT OF NEW SOUTH WALES

as represented by the Minister for Aboriginal Affairs NSW

and the Minister for Finance and Services

(‘the NSW Government’)

AND

the MASTER BUILDERS ASSOCIATION

of NEW SOUTH WALES

(ABN 96550042906)

(‘MBA NSW’)

2

3

1. Preamble

The objective of this Agreement is to provide amechanism for the Construction Industry and the NSWGovernment to work together with Aboriginal people tocreate sustainable economic development andemployment opportunities for Aboriginal people in NSW.

The NSW Government acknowledges and honoursAboriginal people as the first people and nations ofNSW, and recognises that as the traditional custodiansand occupants of the land, they have a spiritual, social,cultural and economic relationship with their traditionallands and waters, and have made and continue to makea unique and lasting contribution to the identity of NSW.

The Construction Industry is a significant economiccontributor to NSW with regard to employment andenterprise development.

The NSW Government recognises the need to take along term approach, and support greater employmentand business opportunities in partnership withAboriginal people, and the Construction Industry.

The Construction Industry and the NSW Governmentrecognise the significance of Aboriginal culture andheritage to Aboriginal communities and to NSW, thestrength of Aboriginal peoples’ connection to Country,and the value of their traditional knowledge in themanagement of Country.

The Parties recognise that honest engagement andtrue partnerships with Aboriginal communities andAboriginal owned businesses are key to the success ofinitiatives developed under the Agreement; andrecognise and respect the roles of Aboriginal leaderswithin their communities.

2. Interpretation

‘Agreement’ or ‘IBA’ means this Industry BasedAgreement.

‘Construction Industry’ means businesses engagedprimarily in building, civil construction, maintenance,property development and demolition operating inNSW, and ancillary businesses where appropriate.

‘Parties’ means the NSW Government and the MBANSW and ‘Party’ means either of them.

‘Steering Committee’ is defined at clause 3.

3. Steering Committee

A Steering Committee, with representation from bothParties to the Agreement, will be established tooversee implementation and provide strategicdirection for the Agreement. Each Party to theAgreement will nominate two representatives for theSteering Committee. Any additional members will bedecided by agreement of the Parties.

The Steering Committee will:

a) develop and approve the Action Plan within the 8week timeframe;

b) provide high level oversight of the implementationof the Action Plan within the agreed timeframe;

c) define a clear governance process to ensure thesuccessful implementation of the Action Plan;

d) ensure that resourcing is clearly defined;e) convene at least quarterly and provide quarterly

progress reports to stakeholders on outcomesachieved; and

f) undertake a review of the outcomes of theAgreement each year and evaluation at thetermination of the Agreement.

4. Outcomes

The Parties will work towards the following outcomes:

a) increased sustainable employment opportunitiesfor Aboriginal people, including within businessesservicing the Construction Industry;

b) increased employment opportunities for Aboriginalpeople in management (including seniormanagement) level positions;

c) increased retention rates of Aboriginal employees;d) increased engagement with and development of

Aboriginal enterprises;e) increased organisational awareness of Aboriginal

culture;f) increased Aboriginal education and training

pathways that position the Construction Industry asa career of choice;

g) improved monitoring and auditing of NSWGovernment contracts that require Aboriginalemployment.

5. Roles and Responsibilities

In order to achieve the abovementioned outcomes, theParties agree to:

a) finalise the Action Plan referred to in clause 3 andclause 6 within 8 weeks of the commencement ofthe Agreement and agree to implement actionswithin the agreed timeframes;

b) work collaboratively and in good faith;c) commit the resources (direct and in-kind) required

to successfully implement the Action Plan;d) acknowledge that honest engagement and genuine

partnerships with Aboriginal communities andbusinesses are key;

e) respect the roles of Aboriginal leaders within theircommunities and recognise that culture andtraditions are the foundations upon which

The NSW Construction Industry IBA for Aboriginal Economic Development

4

Aboriginal people manage Country and itsresources;

f) ensure that nominated representatives (to their bestefforts) regularly attend relevant meetings andforums;

g) work together to overcome any organisationalboundaries in order to support locally basedinitiatives;

h) ensure appropriate follow through on allcommitments made by each Party’srepresentatives; and

i) share relevant information and data as appropriate.

6. Action Plan

The Action Plan will be developed by the Parties within8 weeks of the commencement of the Agreement andwill include agreed actions, timeframes, measures ofsuccess and resources required (direct and in-kind) toachieve the objectives and outcomes of theAgreement.

The Action Plan will be informed by:

a) Aboriginal demographic data;b) an estimated schedule of major industry projects

through MBA NSW and member companies toenable the identification of employmentopportunities and labour and skills requirements;

c) identification of ways in which the ConstructionIndustry can engage with other initiatives of theNSW Government; and

d) identification of Aboriginal businesses that couldprovide goods or services to the ConstructionIndustry.

7. Partners

The Parties agree that Aboriginal people andcommunities are primary and essential partners forimplementation of initiatives under this Agreement.

Participation in implementation of the Agreement willbe invited from the:

a) Aboriginal community, including:i. the NSW Aboriginal Land Council; ii. Aboriginal community organisations andiii. Aboriginal-owned businesses.

b) NSW Government, including:iv. Department of Education and Communities –

Aboriginal Affairs and State Training Servicesv. Department of Premier and Cabinetvi. Department of Finance and Services;

c) Australian Government – any relevant agency orstatutory body;

d) Local Government;

e) industry bodies;f) members of MBA NSW and other Construction

Industry companies; andg) other employers, including those in the

Construction Industry and NSW Government supplychains.

8. Contact Officers

The Contact Officers for the Parties are as follows,unless as otherwise provided in writing to the otherParty:

Aboriginal AffairsJason Ardler, General Manager, Aboriginal Affairs

MBA NSWCraig Donovan, Director Operations, Master Builders Association

9. Dispute Resolution

If any dispute or issue arises between the Parties inrelation to the Agreement, the Parties will endeavour toresolve the issue reasonably, expeditiously, amicablyand in good faith, using the following procedures:

a) the Parties will seek to negotiate a resolution to thedispute at the operational level by their ContactOfficers

b) where the Contact Officers are not able to resolvematters concerning the Agreement, each Partyagrees that the matter will be escalated to anappropriate level to ensure prompt resolution; and

c) the Parties will continue to meet their obligationsunder the Agreement until the dispute or issue isresolved.

10.Duration and Amendment of Agreement

The Agreement commences on the date on which ithas been signed by both Parties and will continue,subject to annual reviews.

The Steering Committee may recommendamendments to the Agreement for consideration andwritten approval by the Parties.

11. Termination

The Agreement may be terminated by either Party tothe Agreement by providing at least 28 days writtennotice to the other Party.

12.General

The Agreement is not intended to be legally bindingbut is intended to operate as a memorandum ofunderstanding between the Parties.

The NSW Construction Industry IBA for Aboriginal Economic Development

The NSW Construction Industry IBA for Aboriginal Economic Development

5www.aboriginalaffairs.nsw.gov.au

SIGNED for and on behalf of The NSW Governmentby the Honourable Victor Dominello M.P.Minister for Aboriginal Affairs

……………………………………………….

Signature

……………………………………………….

Date

In the presence of:

……………………………………………….

Witness signature

……………………………………………….

Printed name of witness

SIGNED for and on behalf of The NSW Governmentby the Honourable Andrew Constance M.P.Minister for Finance and Services

……………………………………………….

Signature

……………………………………………….

Date

In the presence of:

……………………………………………….

Witness signature

……………………………………………….

Printed name of witness

SIGNED for and on behalf ofthe Master Builders Association of NSWby Brian SeidlerExecutive DirectorMaster Builders Association of NSW

……………………………………………….

Signature

……………………………………………….

Date

In the presence of:

……………………………………………….

Witness signature

……………………………………………….

Printed name of witness

1 April 2014

1 April 2014

1 April 2014

Richard Pitt

Richard Pitt

Cameron Lyons

www.aboriginalaffairs.nsw.gov.au