MINISTER FOR POLICE and PILATUS AUSTRALIA AGREEMENT(17)

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42.1.5 Any liability as a consequence of an intentional tort; 
42.1.6 Any liability as a consequence of a breach of trust; or 
42.1.7 Any liability as a consequence of fraud or dishonesty where any liability is caused by an act or omission of either party in meeting its obligations to the other party under this Agreement.

43.  
WORK PLACE AGREEMENTS

43.1  The Supplier acknowledges that the South Australian Government has a policy of ensuring that all persons (“employees”) who do work in South Australia under or in connection with any contract with an agency of the South Australian Government, whether employed by a contractor or any subcontractor, are employed on terms and conditions no less favourable than those contained in:
43.1.1 the State Award which applied or was capable of application to work of the nature the contractor or subcontractor engaged the employees to perform, as in force at 26 March 2006, as that State Award is varied from time to time by an Industrial Tribunal; or
43.1.2 if no State Award applied to the employment of such persons at 26 March 2006, the relevant State industrial instrument as in force at that date and capable of application to work of the nature the contractor or subcontractor engaged the employees to perform, as that instrument is varied from time to time by an Industrial Tribunal; or
43.1.3 if the employees of the Supplier or subcontractor have at any time entered a collective agreement, howsoever named, capable of application to work of the nature the Supplier or subcontractor engaged the employees to perform that provides for wages and conditions of employment more favourable than a State Award, that collective agreement,
while such persons are engaged in duties directly in connection with the performance of the contract .
43.2  The Supplier must ensure that all employment policies, contracts of employment and subcontract arrangements in connection with this Agreement, comply with this Clause 43.
43.3  The Supplier must not engage a subcontractor to assist in the performance of its obligations under this Agreement, without the prior written approval of the Customer, which approval may be given conditionally.
43.3.1 Premiar Aviation Maintenance Pty Ltd is an approved subcontractor for the purposes of this Clause.
43.4  The Supplier must on the request of the Customer provide access to:
43.4.1 subcontract conditions of contract;
43.4.2 records of payments to employees who have done work under or in connection with this Agreement;
43.4.3 records of payments by a subcontractor to employees who have done work under or in connection with this Agreement.
43.5  The Customer shall take all reasonable steps to preserve the confidentiality of information received pursuant to this clause that is of a personal nature relating to any employee.
43.6  The Supplier must, within 7 days of receipt of a written request from the Customer, provide the Customer with a compliance certificate (in a form approved by the Customer) certifying that the Supplier has complied with its obligations under this clause.
　
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