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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Skilled Jobs (Benefits from the Boom) Bill 2012
CONTENTS
1. Short title 2
2. Commencement 2
3. Terms used 2
4. Government agreements for major projects to
require skilled work agreements 3
5. Skilled work agreements required for major
projects where no Government agreement 3
6. Principles applying to the negotiation of skilled
work agreements 4
7. Mandatory provisions for skilled work agreements 4
8. Skilled work agreements to be tabled in Parliament 6
9. Annual reporting 7
Defined Terms
285--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
(Introduced by Mr Peter Tinley MLA)
Skilled Jobs (Benefits from the Boom) Bill 2012
A Bill for
An Act to provide for agreements about skilled work requirements
for major projects in this State.
The Parliament of Western Australia enacts as follows:
page 1
Skilled Jobs (Benefits from the Boom) Bill 2012
s. 1
1 1. Short title
2 This is the Skilled Jobs (Benefits from the Boom) Act 2012.
3 2. Commencement
4 This Act comes into operation as follows --
5 (a) sections 1 and 2 -- on the day on which this Act
6 receives the Royal Assent;
7 (b) the rest of the Act -- on the day after that day.
8 3. Terms used
9 In this Act --
10 commencement day means the day on which the Skilled Jobs
11 (Benefits from the Boom) Act 2012 section 3 comes into
12 operation;
13 Government agreement means any of the following --
14 (a) an agreement of a kind mentioned in paragraph (a) of
15 the definition of Government agreement in the
16 Government Agreements Act 1979 section 2 about a
17 major project;
18 (b) a variation of a kind mentioned in paragraph (b) of the
19 definition of Government agreement in the Government
20 Agreements Act 1979 section 2 that will, in the
21 Minister's opinion, increase the carrying amount of a
22 major project by an amount exceeding $200 million;
23 major project means a project that in the Minister's opinion is
24 likely to have a carrying amount exceeding $200 million and
25 that is for --
26 (a) the taking of a non-renewable resource from its source
27 in any place within the jurisdiction of the State; or
28 (b) the processing of a non-renewable resource; or
page 2
Skilled Jobs (Benefits from the Boom) Bill 2012
s. 4
1 (c) the construction of road, rail, pipeline or port
2 infrastructure for the primary purpose of transporting a
3 non-renewable resource; or
4 (d) the generation of electricity whether from renewable or
5 non-renewable resources; or
6 (e) the transmission of electricity;
7 Minister means the Minister to whom the administration of the
8 Government Agreements Act 1979 is committed;
9 services means any of the following --
10 (a) engineering, procurement, construction or management
11 services;
12 (b) design or drafting services relating to engineering or
13 construction services;
14 skilled work agreement means an agreement required under
15 section 4 or 5.
16 4. Government agreements for major projects to require
17 skilled work agreements
18 The Minister must ensure that each Government agreement that
19 comes into operation on or after commencement day contains a
20 requirement for a skilled work agreement in relation to the
21 major project to be executed before the services for the project
22 begin.
23 5. Skilled work agreements required for major projects where
24 no Government agreement
25 (1) The Minister must, on behalf of the State, enter into
26 negotiations with the proponents of each major project for a
27 skilled work agreement in relation to the project.
28 (2) Subsection (1) applies only if the services for the major project
29 are to begin on or after commencement day.
30 (3) Subsection (1) does not apply if the major project is already the
31 subject of a Government agreement to which section 4 applies.
page 3
Skilled Jobs (Benefits from the Boom) Bill 2012
s. 6
1 6. Principles applying to the negotiation of skilled work
2 agreements
3 (1) A skilled work agreement must contain provisions about the
4 matters set out in section 7.
5 (2) In negotiating a skilled work agreement in relation to a major
6 project, the Minister --
7 (a) must use his or her best endeavours to promote the
8 development and long-term viability of services in the
9 State with a view to sustaining and expanding the skilled
10 workforce in the State for the project and for future
11 work in the State; and
12 (b) must have regard to the current and likely economic
13 conditions and capabilities and capacities of services in
14 the State; and
15 (c) may seek, and have regard to, the advice or information
16 of any person on a matter that, in the opinion of the
17 Minister, is relevant to a duty that the Minister has under
18 paragraph (a) or (b); and
19 (d) must use his or her best endeavours to ensure that the
20 agreement takes effect before the services for the project
21 begin.
22 7. Mandatory provisions for skilled work agreements
23 The provisions that are required under section 6(1) in a skilled
24 work agreement in relation to a major project are provisions
25 about the following matters --
26 (a) the processes by which it is ensured that businesses
27 operating in this State have equal opportunity with
28 businesses operating elsewhere --
29 (i) to participate in all aspects of the project; and
30 (ii) to tender and compete on any aspect of the
31 project;
page 4
Skilled Jobs (Benefits from the Boom) Bill 2012
s. 7
1 (b) the disclosure of particular financiers, investors or others
2 that are preferred in relation to the provision of finance
3 for the project;
4 (c) the disclosure of global supply chain rebates that may
5 accrue to businesses that do not operate in this State;
6 (d) which of the services that are required for the project
7 will be carried out in the State (the WA services);
8 (e) in which region of the State (as described in the
9 Regional Development Commissions Act 1993
10 Schedule 1) each of the WA services will be carried out;
11 (f) the number of person-hours for each type of skilled
12 work position that it will take to carry out the WA
13 services;
14 (g) the number and type of apprenticeships and other trainee
15 positions that are required to train people for the skilled
16 work positions that are required to carry out the WA
17 services;
18 (h) which of the services that are required for the project
19 will not be carried out in the State;
20 (i) why each of the services mentioned in paragraph (h)
21 will not be carried out in the State;
22 (j) the monetary amount to be invested in research and
23 development programmes to be conducted in the State in
24 relation to the project;
25 (k) whether Australian standards and specifications will be
26 used when requesting proposals and tenders in relation
27 to the project and if not --
28 (i) why Australian standards and specifications will
29 not be used; and
30 (ii) identification of the standards and specifications
31 to be used;
page 5
Skilled Jobs (Benefits from the Boom) Bill 2012
s. 8
1 (l) if the project involves the fabrication of steel
2 products --
3 (i) the total amount of steel products to be produced
4 overall, expressed in tonnage; and
5 (ii) the total amount of steel products to be produced
6 in the State, expressed in tonnage;
7 (m) how and when information will be publicly available so
8 that members of the public can readily assess the extent
9 to which the provisions of the agreement have been
10 complied with.
11 8. Skilled work agreements to be tabled in Parliament
12 (1) The Minister must cause a copy of each skilled work agreement
13 to be laid before each House of Parliament within 5 days after
14 the agreement is executed but --
15 (a) if at the commencement of that period, a House of
16 Parliament is not sitting; and
17 (b) the Minister is of the opinion that the House will not sit
18 during that period,
19 the Minister must transmit a copy of the document to the Clerk
20 of that House.
21 (2) A copy of a document transmitted to the Clerk of a House is
22 taken to have been laid before that House.
23 (3) The laying of a copy of a document that is taken to have
24 occurred under subsection (2) is to be recorded in the Minutes,
25 or Votes and Proceedings, of the House on the first sitting day
26 of the House after the Clerk received the copy.
page 6
Skilled Jobs (Benefits from the Boom) Bill 2012
s. 9
1 9. Annual reporting
2 The accountable authority of the department of the Public
3 Service principally assisting in the administration of the
4 Government Agreements Act 1979 must include in the annual
5 report submitted under the Financial Management Act 2006
6 Part 5 a report on the extent to which all the provisions of each
7 skilled work agreement have been complied with.
page 7
Skilled Jobs (Benefits from the Boom) Bill 2012
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
commencement day ..............................................................................................3
Government agreement.........................................................................................3
major project.........................................................................................................3
Minister.................................................................................................................3
services .................................................................................................................3
skilled work agreement.........................................................................................3
WA services..........................................................................................................7
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