PROJECT SCHEDULE – 1000 JOBS PACKAGE GRANT JOBS …

Australian Government _______________________________

National Indigenous Australians Agency

PROJECT SCHEDULE –

1000 JOBS PACKAGE GRANT

JOBS LAND AND ECONOMY PROGRAM Executed by

the Commonwealth of Australia as represented by the National Indigenous Australians Agency (ABN 30 429 895 164)

AND

[insert Provider name] (ABN [xx])

Grant System Agreement number (System ID) [Agreement ID provided by grant management system]

Project Schedule reference number (System ID) [Schedule ID provided by grant management system]

Provider reference number (System ID) [Org ID provided by grant management system]

© Commonwealth of Australia 2015 This work is licenced under a Creative Commons Attribution Non-commercial No Derivative Works licence (CC BY-NC-ND), the full terms of which are available at: http://creativecommons.org/licenses/by-nc-nd/3.0/au/legalcode.

Requests for other licence rights to this work should be directed to the National Indigenous Australians Agency.

Version: 1.0, 26 March 2019

How this Project Schedule works

The Commonwealth has agreed to execute this Project Schedule, under which the Commonwealth will provide the Grant/s for the purpose of delivering one or more Project/s.

Once this Project Schedule has been executed, a separate contract is formed. That contract is called a Project Agreement.

The terms and conditions of this Project Agreement are as set out in:

a) this Project Schedule;

b) the Head Agreement; and

c) any attachments to, or documents incorporated by reference into, either of those documents.

This Project Schedule contains terms and conditions that relate specifically to the Projects and Grants listed in this document. The document comprises:

• Part 1 – a summary of the Projects and Grants in this Project Schedule;

• Part 2 – terms and conditions applying to all Projects and Grants in this Project Schedule; and

• Part 3 – specific terms and conditions for particular Projects and Grants in this Project Schedule.

The Head Agreement contains general terms and conditions that apply to all Projects and Grants.

(See also clauses 1 to 10 of the Head Agreement).

Part 1: Project and Grant Summary 1

PART 1: PROJECT AND GRANT SUMMARY

1. List of Projects

Project ID Project name

[INSERT PROJECT ID] 1000 Jobs Package Tranche One

2. List of Grants

Project Amount (excl GST) GST Total (incl GST)

[Activity Id] - [1000 Jobs Package]

$[Total Agreement Value minus SACS milestones]

$[Total SACS milestones]

$[Calculated field based on Activity Tax Code]

TOTAL

(MAXIMUM AVAILABLE; SUBJECT TO MILESTONES)

$[Calculated field] $[Calculated field] $[Calculated field]

Part 2: General Information, Terms and Conditions for all Projects in this Project Schedule 2

PART 2: GENERAL INFORMATION, TERMS AND CONDITIONS FOR ALL PROJECTS IN THIS PROJECT SCHEDULE

1. Interpretation

1.1 Unless the contrary intention appears, words used in this Project Schedule have the same meaning as in the Head Agreement.

1.2 Information, terms and conditions in Part 2 of this Project Schedule apply to the Projects under this Project Agreement, unless the contrary intention appears in Part 3.

2. Program

2.1 The Grants are provided under the Jobs Land and Economy Program (JLEP).

3. Program outcomes

3.1 For each Project, the Provider must contribute to or achieve the following program outcomes to the extent they are not inconsistent with the Project:

Program outcomes

• Get remote jobseekers work ready, through community and other activities and work experience.

• Support remote jobseekers to get into work.

• Foster Indigenous business.

4. Overview

4.1 The Provider is:

Provider Details

Full legal name [Insert legal name]

Trading name [Insert Trading Name]

ABN [Insert identifier]

4.2 This Project Agreement commences on the Project Agreement Start Date and ends on the Project Agreement End Date:

Project Agreement Start Date The date that the last Party to sign this Project Agreement does so.

Project Agreement End Date [Note: In FOFMS, this is the Program Schedule Completion Date]

3 months after the Project End Date at Part 3, Item 3.1 or earlier termination date.

Note: This must not be the same date as the Project (Activity) End Date at Part 3, item 3.1. Between the Project End Date, and the Project Agreement End Date [i.e. Program Schedule Completion Date] you must provide sufficient time for the preparation, submission and


assessment of final reports before the Schedule expires.

5. Strengthening Organisational Governance - one-off payment

5.1 If the Provider has been required to become incorporated pursuant to clauses 64 to 68 of the Head Agreement, the Commonwealth will pay a one-off payment of $10,000 (excl GST) following:

the Provider changing its incorporation status in accordance with clauses 64 to 68 of the Head Agreement; and

the Commonwealth receiving proof of the change in incorporation status.

5.2 The parties agree that this payment represents a genuine pre-estimate of the costs likely to be incurred by the Provider in complying with the incorporation requirement, and that the Commonwealth is not liable for any further amount. This payment is a one-off payment, and will be made only if the Provider has not received a similar payment under another Project Agreement.

5.3 The payment provided for under Part 2 item 5.1 is a Grant for the purpose of this Project Agreement.

6. Bank account details

6.1 The Provider’s bank account for the purpose of clause 13 of the Head Agreement is as follows unless another account is specified for a particular Project in Part 3:

Bank / institution name [insert]

BSB number [insert]

Account name [insert]

Account number [insert]

7. Tax and invoices

(Clauses 16 to 19 of the Head Agreement)

[The following items deal with tax and invoicing. Delete the items that do not apply.]

[Option 1 - General GST clause – the default position is that the Commonwealth will issue RCTIs, but the Provider can be required to issue invoices in certain circumstances]

7.1 The Commonwealth will issue recipient created tax invoices (RCTIs) and any adjustment notes for taxable supplies made by the Provider to the Commonwealth, within 28 days of determining the value of the taxable supplies in question. The Provider must not issue tax invoices or adjustment notes for taxable supplies covered by a RCTI.

7.2 Alternatively, the Commonwealth may direct the Provider to issue invoices to the Commonwealth. This direction can relate to all or part of a Project Agreement. Each invoice must be addressed to the relevant Commonwealth contact officer listed in this Project Schedule.

7.3 Each invoice issued by the Provider must contain:

the words ‘tax invoice’ or ‘invoice’, whichever is relevant, stated prominently;

the Provider’s name and ABN;

the Commonwealth’s name and address;


the date of issue of the tax invoice or invoice;

the name of the Project and this Project Schedule reference number (if any);

the total amount payable (including GST if it is a taxable supply); and

the GST amount shown separately, if it is a taxable supply.

7.4 An invoice issued by the Provider must not:

include amounts that are not properly payable under this Project Agreement; or

relate to a payment or include an amount in relation to which the Commonwealth has exercised its rights under clauses 79 - 81 (Withholding, Provider not entitled to amount or amount not spent in accordance with a Project Agreement, Unspent Grant amounts), 84 (Breach of Project Agreement), or 88 - 91 (Termination or reduction in scope - for default) of the Head Agreement.

7.5 The Commonwealth may require the Provider to reissue an invoice that does not meet the requirements of this Project Agreement.

[Option 2 - to be used where the Provider is a “government related entity”]

7.6 The Parties have entered into this Project Agreement on the understanding that they are both ‘government related entities’ as defined in the GST Law, and either:

the payment of the Grant:

(i) is covered by an appropriation under an Australian law or the COAG National Health Reform Agreement; and

(ii) is calculated on the basis that the sum of the Grant and anything else that the Provider receives from another entity in connection with, or in response to, or for the inducement of that supply under this Project Agreement, or a related supply does not exceed the Provider’s anticipated or actual costs of making those supplies; or

the payment of the Grant is a kind of payment specified in regulations made for the purposes of sections 9-17 of the GST Law.

7.7 The Parties rely on sections 9-17 of the GST Law for no GST being imposed in connection with a supply made under this Project Agreement.

[Option 3 - to be used where the Provider has an ABN, but is not required to be registered for GST]

7.8 The Provider confirms that it is not required to be registered (and is not registered) for GST.

7.9 The Grant will be paid to the Provider in accordance with this Project Agreement, but will not include an amount for GST.

7.10 If, during the term of this Project Agreement, the Provider becomes registered for GST, or becomes required to be registered for GST then:

the Provider must notify the Commonwealth in writing within 7 days after the Provider becomes registered for GST; and

the parties will negotiate amendments to these items to reflect the Provider’s GST registration from the date it takes effect.


8. Reporting

(Clauses 52 to 58 of the Head Agreement)

8.1 The Provider must provide to the Commonwealth the following reports for each Project in accordance with the timeframes set out in Part 3 of this Project Schedule:

Report Details

Recruitment report

For each Subsidised Position in which a Job Participant is employed, the Provider must provide a Recruitment Report, including the following details:

• name, gender, age and ordinary place of residence of the Job Participant;

• confirm compliance with the eligibility requirement for the Job Participant (see Part 3, item 1.27); and

• specify the date on which the employment commenced or is to commence (Job Commencement Date).

• any other details reasonably requested by the Commonwealth in writing.

First month induction and safety training report

For each Subsidised Position in which a Job Participant is employed, the Provider must report on the first 28 days of employment and specifically:

- How the Job Participant was inducted to help them understand their position, the organisation and their entitlements to wages, leave and other benefits; and

- How the Job Participant was trained to work safely in their position.

Work health and safety report

For each Subsidised Position in which a Job Participant is employed the Provider must report on workplace health and safety of the Provider including details of any relevant work health and safety training provided to the Job Participant.

Working With Vulnerable People – Annual Statement of Compliance (SOC)

An annual statement in accordance with clause 31 of the Head Agreement.

Final performance report

For each Subsidised Position in which a Job Participant is employed, the Provider must detail how the Subsidised Position will continue to be ongoing following the end of the subsidy.

Part 3: Specific Information, Terms and Conditions for [Project ID] – [insert Project name] 6

PART 3: SPECIFIC INFORMATION, TERMS AND CONDITIONS FOR PARTICULAR PROJECTS IN THIS PROJECT SCHEDULE

1. Interpretation

1.1 Each of the Projects specified in this Project Schedule has its own sub-part under this Part 3, which sets out specific information, terms and conditions applying for that particular Project. To the extent of any inconsistency between Part 2 and Part 3 of this Project Schedule, Part 3 will take priority in relation to the relevant Project.


3A: PROJECT ID – [Activity ID] – 1000 Jobs Package Tranche One

1. Project description

1.1 The 1000 Jobs Package Project Tranche One (the Project) provides Wage Subsidy Payments and Retention Bonus Payments to the Provider to employ Community Development Program Participants (Job Participants) in remote Australia. The Wage Subsidy Payments are based on the 2019 minimum wage rate of $19.49 for 46 weeks, but averaged over 52 weeks of a year.

1.2 The Provider must employ Job Participants and provide associated assistance for a number of Subsidised Positions up to the Approved Position Limit specified in this Project Schedule.

1.3 The Provider is required to provide ongoing, safe and fair employment for Job Participants that complies with all relevant Commonwealth, State and Territory or local government laws and regulations.

1.4 Under the Project the Provider must deliver all the following Services in accordance with this Project Schedule:

Recruitment Services;

Job Services; and

CDP Provider Liaison Services.

1.5 The Provider must apply its best endeavours to perform its obligations under the Project Agreement

in accordance with the Employer Handbook.

1.6 The Approved Position Limit for this Project Agreement is [insert number of positions approved for the Provider].

Recruitment Services

1.7 Within the Recruitment Period the Provider must recruit and employ eligible Job Participants in Subsidised Positions, up to the Approved Position Limit.

1.8 Unless otherwise agreed by the Commonwealth in writing, a Subsidised Position must be:

a new job that does not displace an existing employee (with the exception of an existing position currently filled on a Drive-in, Drive-out or fly-in, fly-out basis);

ongoing (to the best of the Provider’s knowledge);

sustainable after the end of the Job Services Period;

provide employment for an average of at least 15 hours per week throughout the Job Services Period; and

based in a CDP Region.

1.9 Unless otherwise agreed in writing by the Commonwealth, a Subsidised Position must not be:

a religious occupation;

a casual, commission based, self-employment or a subcontracted position;

subsidised under any other Commonwealth program;

one that is likely to bring the Project, the National Indigenous Australians Agency or the Commonwealth into disrepute;


unsafe or carry an unsatisfactory level of risk to the health and safety of the Job Participant; or

involved in the delivery of services under the Funding Agreement for the Community Development Program 2019-2022.

1.10 Before a Job Participant is employed in a Subsidised Position the Provider must ensure it has:

fully complied with clause 29 of the Head Agreement (Working with Vulnerable Persons);

obtained the Job Participant’s consent to provide a copy of the Job Participant’s payslips to the Commonwealth; and

obtained the Job Participant’s consent to use their Personal Information for the purposes of the Project including any claims by the Provider for Wage Subsidy Payments and Retention Bonus Payments.

1.11 Whenever a Job Participant commences employment in a Subsidised Position, the Provider must notify the Contact person specified at Part 3A, clause 4.1 in writing and within 5 working days.

1.12 Unless otherwise agreed in writing by the Commonwealth, a Job Participant must be employed during the Recruitment Period.

Job Services

1.13 During the Job Services Period the Provider must use its best endeavours to retain a Job Participant in a Subsidised Position to achieve the maximum number of Outcomes for the Project. This includes to:

provide suitable training and support in accordance with established and existing training pathway requirements for the relevant Subsidised Position;

provide appropriate training and support for each Job Participant’s individual requirements; and

support the Job Participant to receive post-placement support from the local CDP Provider.

Remuneration and entitlements

1.14 The Provider must ensure that a Job Participant receives an appropriate level of remuneration, superannuation and access to other entitlements applicable to the Subsidised Position, in compliance with any applicable Commonwealth, State, Territory or local government laws.

1.15 The Provider must:

act consistently with all requirements of the Fair Work Act 2009, and ensure the Job Participant has access to and understands the contents of the Fair Work Information Statement; and

act consistently with all requirements under the Income Tax Assessment Act 1997 and ensure any obligations as an employer are met.

1.16 The Provider must notify the Commonwealth of any breach of workplace relations legislation or regulations within 24 hours of becoming aware of the breach.

Workplace health and safety

1.17 The Provider must ensure that the Job Participant’s work environment is subject to appropriate work health and safety policies and procedures and complies with any applicable Commonwealth, State, Territory or local government laws and requirements.


1.18 On commencement in a Subsidised Position the Provider must ensure the Job Participant is inducted into a safe system of work and has access to regular and relevant workplace health and safety training.

1.19 The Provider must ensure the Job Participant is equipped with any personal protective clothing, materials and equipment required to safely fulfil the requirements of the Subsidised Position.

1.20 The Provider must notify the Commonwealth of any breach of workplace health and safety legislation or regulation relating to the Job Participant’s workplace in a reasonable period and in any case within seven days of the Provider becoming aware of the breach.

1.21 The Provider must notify the Commonwealth of any workplace health and safety incident involving the Job Participant, including any dangerous occurrence, in a reasonable period and in any case within seven days of the incident. If the incident involves death or serious injury to the Job Participant, the Provider must notify the Commonwealth within 48 hours.

1.22 The Provider must comply with Commonwealth, State or Territory legislation relating to the prevention and management of workplace bullying and harassment.

Insurance

1.23 The Employer must have and maintain for at least 5 years after the Project End Date:

(a) a worker’s compensation insurance policy in accordance with the relevant State or Territory legislation for the relevant Subsidised Position for each Job Participant; and

(b) an appropriate general liability insurance policy covering liability arising from premises, operations, independent contractors, personal injury, products completed operations, and liability assumed under an insured contract on an occurrence basis.

Participation in Project evaluation activities

1.24 During the Job Services Period, the Commonwealth may conduct Project evaluation activities to determine the Provider’s compliance with the Project Agreement. The Provider must fully cooperate with the Commonwealth in relation to such activities, which may include spot-checks and sites visits in accordance with clauses 59 to 63 of the Head Agreement.

CDP Provider Liaison Services

1.25 During the Recruitment Period the Provider must consult with the local CDP Provider to source suitable Job Participants.

1.26 During the Job Services Period the Provider must liaise and work cooperatively with the local CDP Provider and enable the CDP Provider to visit the Job Participant’s workplace to deliver post-placement support to the Job Participant.

Eligibility requirements for Job Participants for the Project

1.27 For a person to be a Job Participant under the Project, the following eligibility requirement must be satisfied, unless the Commonwealth otherwise agrees in writing:

(a) the local CDP Provider must confirm that the person was registered as an Eligible Job Seeker immediately before being employed in a Subsidised Position.

Requirements for an Outcome

1.28 For an Outcome to be achieved by the Provider in respect of a Job Participant, the Job Participant must commence in a Subsidised Position and be continuously employed by the Provider in the Subsidised Position for the duration of the relevant Job Outcome Period.


1.29 For the purposes of an Outcome, a Job Participant will be considered to be continuously employed during a period of approved unpaid leave, provided that unpaid leave does not exceed 12 months in total duration. The Provider must notify the Commonwealth of any period of approved unpaid leave in respect of a Job Participant under this Project, at the time of claiming Wage Subsidy Payments for the relevant period.

1.30 Any period of employment occurring after the Project End Date does not count towards a period of continuous employment for the purpose of achieving an Outcome under this Project Agreement.

Changes to employment arrangements

1.31 The Provider must inform the Commonwealth as soon as practicable of any actual or proposed changes to the Subsidised Position or employment circumstances of the Job Participant that may affect the Provider’s eligibility for Wage Subsidy Payments and Retention Bonus Payments.

1.32 If a Job Participant ceases employment in a Subsidised Position before the end of the Job Services Period, the Provider may replace the Job Participant with another eligible Job Participant once only. The replacement Job Participant must be employed within 28 days of the first Job Participant leaving the Subsidised Position for the Provider to remain eligible for Wage Subsidy Payments.

1.33 If a Job Particpant takes any period of unpaid Parental leave from a Subsidised Position in accordance with the National Employment Standards, the Provider may replace the Job Participant with another eligible Job Participant on a non-ongoing basis to ensure the Subsidised Position remains viable.

1.34 Where a replacement Job Participant is employed in a Subsidied Position, the Provider must complete a new Recruitment Report and First Month Induction and Safety Report for the replacement Job Participant in accordance with Part 2, clause 8.1 of this Project Schedule.

1.35 Where a replacement Job Participant is employed in a Subsidised Position, the Provider will only be entitled to a Retention Bonus Payment once the replacement Job Participant has been employed in the Subsidised Position for the relevant Job Outcome Period.

Changes to Provider governance arrangements

1.36 The Provider must notify the Commonwealth within 15 days of any change to the ownership or management arrangements of the Provider, including but not limited to changes to board members, shareholders, directors, owners and operators of the Provider.

2. Key performance indicators

2.1 The parties acknowledge that there are no applicable Key Performance Indictors for this Project.

3. Duration of Project

3.1 The Project must be delivered from the Project Start Date until the Project End Date:

Project dates Details

Project Start Date [Note: In FOFMS, this is the Activity Start Date]

[Insert Project Agreement Start Date]


Project dates Details

Project End Date [Note: In FOFMS, this is the Activity End Date]

The Project End Date is the date that is the last day of the Job Services Period under this Project Schedule or earlier termination date.

[Note: Regardless of what date you include in this box, ensure you retain the text “or earlier termination date” at the end of the sentence. This must not be the same date as the Project Agreement End Date at Part 2, item 4. That is the date the Schedule expires. ]

4. Party representatives for notices

(Clauses 134 – 135 of the Head Agreement)

4.1 The parties’ representatives are responsible for liaison and day-to-day Project management, as well as issuing and accepting any written notices relating to the Project:

Commonwealth Details

Contact officer / position for Project [insert]

Physical / postal address(es) for notices [insert]

Telephone [insert]

E-mail [insert]

Provider Details

Contact officer / position for Project [insert]

Physical / postal address(es) for notices [insert]

Telephone [insert]

Fax [insert]

E-mail [insert]


5. Location

5.1 The Project is to be delivered at the following location/s:

Organisation venue name Organisation venue address

[insert the physical location where the Project will be delivered (not necessarily the Head Office). If the Project is to be delivered at multiple locations, insert an additional line below for each location]

[insert]

[insert – add or delete lines as required for any additional location/s]

[insert]

[Delete one of the following Options]

[Option 1 – to be used where the Provider already has a legal right to access and use the premises. For example, the Provider owns the premises, or has a lease, licence or land use agreement in place.]

5.2 The Provider warrants that it has the right to access and use all premises required for the purposes of delivering the Project.

[Option 2 – to be used where the Provider does not currently have a legal right to access and use the premises. For example, does not own the premises, and there is no lease, licence or land use agreement. Ensure you are happy with the highlighted timing limits set out below]

5.3 The Provider must use all reasonable efforts to obtain the right to access and use to the premises listed above, including negotiating any leases, licences, permits or other arrangements.

If the Provider has been unable to obtain a right to access and use the premises listed above within [30 calendar days] of the Project Start Date, it must obtain access to an appropriate alternative location that has been approved by the Commonwealth within a further [30 calendar days].

6. Grant payments

(Clause 11 and 12 of the Head Agreement)

General

6.1 Subject to this Project Agreement, the Commonwealth will pay the Provider the Grant for the Project, which may comprise:

Wage Subsidy Payments up to the total maximum amount payable as specified in Column C of the Wage Subsidy Payment table at Part 3 Item 6.17; and

Retention Bonus Payments payable in respect of the Provider achieving Outcomes, as specified in Column C of the Retention Bonus Payments table at Part 3 Item 6.21.

6.2 The Commonwealth will issue a recipient created tax invoice (RCTI) in accordance with Part 2, item 7.1, and pay any Wage Subsidy Payment and any Retention Bonus Payment to the Provider within 20 business days of the Commonwealth receiving and accepting:

Documentary Evidence to the Commonwealth’s satisfaction, to support the claim;

any required reports in accordance with Part 2, item 8.1 and Part 3, item 7.1; and

any other documentation the Commonwealth reasonably requires to determine that the Provider has complied with its obligations under this Project Agreement.


6.3 No Wage Subsidy Payment or Retention Bonus Payment is payable in respect of a Subsidised Position where the Subsidised Position is held by a person other than a Job Participant.

6.4 The Provider is only entitled to one of each type of Retention Bonus Payment in respect of an individual Job Participant (for example, one 52 week payment, one 78 week payment and one 104 week payment).

6.5 The Provider acknowledges that Wage Subsidy Payments and Retention Bonus Payments may be considered income for the Provider. The Provider is responsible for any taxation implications resulting from the Wage Subsidy Payment or Retention Bonus Payment and must obtain their own taxation advice.

Wage Subsidy Payments

6.6 Wage Subsidy Payment amounts are calculated and paid in arrears for each quarter with reference to the Wage Subsidy Payment Rate specified in clause 6.17 and the number of hours worked by the Job Participant.

6.7 The Base Rate is $17.24 per hour of work by the Job Participant. The Commonwealth may, at its absolute discretion, increase the Base Rate by notice to the Provider.

6.8 The Provider can claim Wage Subsidy Payments for up to a maximum of 38 hours per week, 52 weeks per year throughout the Job Services Period.

6.9 The Provider can claim Wage Subsidy Payments for periods of paid leave only as stipulated under the National Employment Standards, including four weeks of annual leave and two weeks of personal leave for full-time employees and the pro-rata equivalent for part-time employees.

6.10 The Provider cannot claim Wage Subsidy Payments for any period of unpaid leave.

6.11 The Provider can claim Wage Subsidy Payments for public holidays gazetted in the State or Territory where the Subsidised Position is based.

6.12 The minimum Documentary Evidence that must be provided to the Commonwealth for Wage Subsidy Payments is:

a copy of all the Job Participant’s payslips for all weeks of the claim, which must conform with the requirements of the Fair Work Regulations 2009; and

a completed Wage Subsidy Claim Form confirming the Job Participant’s hours of work, wages paid, entitlements paid and any unpaid leave and a declaration by the Provider that the information provided is true and correct and that the Provider is aware of the consequences of providing misleading information.

6.13 The total value of any Wage Subsidy Payment for a period cannot exceed the total value of the Job Participant’s wages for that period.

6.14 Subject to the provision of a valid invoice and the Provider’s compliance with the Project Agreement, the Commonwealth will pay Wage Subsidy Payment amounts quarterly in arrears in respect of a Job Participant employed in a Subsidised Position based on:

the actual number of recorded hours worked by the Job Participant or taken as paid leave by the Job Participant during the relevant quarter;

the number of weeks as specified in Column A of the Wage Subsidy Payment table at Part 3 Item 6.17 that have elapsed since the Job Commencement Date.

6.15 For the Provider to be eligible for a Wage Subsidy Payment, the Job Participant must have worked for at least an average of 15 hours per week in the Subsidised Position during the relevant quarter, unless otherwise agreed in writing by the Commonwealth. For the purposes of this clause, the


average hours of work of a Job Participant will be calculated with reference to the number of weeks worked by the Job Participant in the relevant quarter.

6.16 Wage Subsidy Payments are available to be claimed in arrears on a quarterly basis after the end of each quarter. Unless otherwise agreed in writing by the Commonwealth, a Wage Subsidy Payment claim must be made within 3 months of the end of the quarter for which the claim is made (e.g. a claim for Wage Subsidy Payments for the quarter ending 31 March must be claimed on or before 30 June of the same year).

6.17 Wage Subsidy Payments Table

Retention Bonus Payments

6.18 Retention Bonus Payment amounts are calculated with reference to the amount specified in Column C of the Retention Bonus Payments Table at Part 3 Item 6.21.

6.19 The Commonwealth will use the Documentary Evidence provided by the Provider in support of the Wage Subsidy Payment to determine whether a Retention Bonus Payment is payable. If the Commonwealth determines that additional Documentary Evidence is required, it may request that additional Documentary Evidence from the Provider before any Retention Bonus Payment is paid and the Provider must provide such Documentary Evidence within 10 business days of receiving such a request.

6.20 If a Provider does not achieve a relevant Outcome prior to the end of the Job Services Period, the Commonwealth will not pay any Retention Bonus Payment.

6.21 Retention Bonus Payments Table

Wage Subsidy Payment - Type

Wage Subsidy Payment Rate

Maximum amount of Wage Subsidy Payments payable per Job Participant (up to 38 hours per week for 52 weeks)

(GST exclusive)

(A) (B) (C) = 38 hours x 52 weeks x B

Wage Subsidy – 0 to 52 weeks 100 per cent of Base Rate $34,066.24

Wage Subsidy – 52 to 104 weeks 50 per cent of Base Rate $17,034.12

TOTAL $51,099.36

Retention Bonus Payment – Outcome type

Job Outcome Period Retention Bonus Payment Amount per Job Participant

(GST exclusive)

(A) (B) (C)

Retention Bonus Payment – Job Participant has been $800.00


Payments from other sources

6.22 The Provider is not entitled to Wage Subsidy Payments or Retention Bonus Payments under the Project Agreement for a Job Participant, if the Provider receives or is entitled to receive any payment from other Commonwealth sources for delivering the same or similar services in respect of that Job Participant. Where required by the Commonwealth the Provider must provide any necessary evidence to determine whether the Provider is subject to this clause.

6.23 In the event that the Provider receives, or is entitled to receive, any payment from State, Territory or local government bodies for delivering the same or similar services, the Provider is only entitled to Wage Subsidy Payments or Retention Bonus Payments under this Project Agreement to the extent that the total value of Commonwealth and State, Territory or local government payments does not exceed the total value of the wages associated with the Subsidised Position. The Commonwealth may require evidence to help it determine whether the Provider is subject to this clause.

6.24 The Provider is not entitled to Wage Subsidy Payments or Retention Bonus Payments under this Project Agreement if any non-government third party is receiving payment from the Commonwealth or an Employment Services Provider for, or in connection with, the delivery of the same or similar services for the relevant Job Participant. The Commonwealth may require and the Provider must provide evidence, in a form acceptable to the Commonwealth, to help it determine whether the Provider is subject to this clause.

6.25 The Commonwealth may, at any time and in its sole and absolute discretion, deem services to be the same or similar for the purposes of Part 3, items 6.22, 6.23 or 6.24.

6.26 For the purposes of Part 3, items 6.22, 6.23 and 6.24, if the Commonwealth determines, in its absolute discretion, that the Provider is receiving or entitled to receive any payments as described, the Commonwealth may:

(a) make the payment of the relevant part of the Grant;

(b) decide not to make the payment of the relevant part of the Grant; or

(c) reduce the relevant part of the Grant with reference to the value of the other payments the Provider has received or is entitled to receive.

52 weeks continuously employed for 52 weeks.

Retention Bonus Payment – 78 weeks

Job Participant has been continuously employed for 78 weeks.

$1,700.00

Retention Bonus Payment – 104 weeks

Job Participant has been continuously employed for 104 weeks.

$2,500.00

TOTAL $5,000


7. Reporting

7.1 The Provider must submit the following reports to the Commonwealth by the following due dates:

Report Due date

Recruitment report Report to be provided within 2 weeks of the end of the Job Commencement Date.

First month induction and safety training report Report to be provided within 5 weeks of the Job Commencement Date.

Interim performance and safety report Report to be provided annually by the anniversary of the Job Commencement Date.

Working With Vulnerable People – Annual Statement of Compliance (SOC)*

By 31 October (in each year of the Project).

Final performance report Report to be provided at the same time as providing the final quarterly wage subsidy claim.

* Please note that while the SOC is included as a milestone at the activity level, the SOC is required to be a single statement covering the organisation’s compliance with State/Territory legislation as it pertains to working with vulnerable people, including children across all its funded activities, rather than separate statements of compliance for each activity. The SOC can be received at any time throughout a calendar year – but must be submitted by COB 31 October of each year.

8. Bank account details

8.1 The Provider’s bank account for the purpose of clause 13 of the Head Agreement for this Project is:

Bank / institution name [insert]

BSB number [insert]

Account name [insert]

Account number [insert]

[Activity ID] – [Activity Title] − Additional Conditions

The following additional conditions apply for this Project.

NIL


EXECUTION PAGE

This Project Schedule, together with the Head Agreement and any attachments to, or documents incorporated by reference into, either of them, forms a Project Agreement.

Executed as an agreement:

Commonwealth

SIGNED for and on behalf of the Commonwealth of Australia as represented by National Indigenous Australians Agency by:

___________________________________

___________________________________

(Name of Agency Representative) (Signature of Agency Representative)

___________________________________

…./…./….

(Position of Agency Representative)

___________________________________

___________________________________

(Name of Witness in full) (Signature of Witness)

…./…./….

Provider

Executed as an agreement:

SIGNED for and on behalf of [Organisation Legal Name], [Organisation ABN] in accordance with its rules:

___________________________________

___________________________________

(Name and position held by Signatory) (Signature)

…./…./….

___________________________________

___________________________________

(Name and position held by second Signatory / Name of Witness)

(Signature of second Signatory / Witness)

…./…./….

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Notes about the signature block:

if you are an incorporated association, the signatories can be any two members of the governing committee of the Association or a member of the governing committee and the Public Officer. Alternatively, the Grant Agreement could be executed using the Common Seal. Associations incorporated in the Northern Territory must affix their Common Seal unless the Rules of the Association authorise a person to enter into legally binding documents.

if you are a company, generally two signatories are required – the signatories can be two Directors or a Director and the Company Secretary. Affix your Company Seal, if required by your Constitution.

if you are a company with a sole Director/Secretary, the Director/Secretary is required to be the signatory in the presence of a witness. Affix your Company Seal, if required by your Constitution.

if you are a partnership, a partner must be a signatory in the presence of a witness.

if you are an individual, you must sign in the presence of a witness.

if you are a university, the signatory can be an officer authorised by the legislation creating the university to enter into legally binding documents. A witness to the signature is required.

if you are a State or Territory Government, the delegate must sign for the State/Territory Department/Agency acting on behalf of the State or Territory Government. The delegate must sign in the presence of a witness.

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ANNEXURE 1 to the Project Agreement DEFINITIONS (Clause 143 of the Head Agreement)

Unless the contrary intention appears, words used in this Project Agreement have the same meaning as in the Head Agreement. The following definitions also apply for this Project Agreement unless the contrary intention appears:

Approved Position Limit The maximum number of positions in respect of which the Provider may employ a Job Participant and be eligible to receive Wage Subsidy Payments and Retention Bonus Payments

Community Development Program (or CDP)

The Community Development Program administered by the Commonwealth.

CDP Provider An organisation that is a provider of employment-related services under the Community Development Program and the Funding Agreement for the Community Development Program 2019-2022 (or any other agreement under which the Community Development Program is administered) and is identified as such at jobsearch.gov.au or such other website as advised by the Commonwealth from time to time in its absolute discretion.

CDP Provider Liasion Services

Services associated with liaison with a CDP Provider in accordance with Part 3A clauses 1.25 and 1.26 of this Project Schedule.

CDP Region One of the CDP geographical areas identified and displayed at lmip.gov.au/ or such other website as advised by the Commonwealth from time to time in its absolute discretion.

Documentary Evidence Records that in relation to the relevant Wage Subsidy Payment or Retention Bonus Payment which verify that the relevant Services were delivered and, in relation to the Retention Bonus Payment, that the relevant Outcome was achieved. Documentary Evidence must be true, accurate and complete.

Drive-in, Drive-Out A method of employment common in remote areas where the employer requires staff to drive to the work site for a specfic period of time, then drive back to their home for a period of rest.

Eligible Job Seeker A person who is identified as eligible for CDP Services in the CDP IT Systems.

Reader’s Guide to the Definitions The Definitions below apply to all parts of this Project Agreement.

Other Definitions are located in clause 143 of the Head Agreement.

http://jobsearch.gov.au/

http://lmip.gov.au/

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Employer Handbook The Employer Handbook issued by Commonwealth for the 1000 Jobs Package Tranche One, as amended by the Commonwealth from time to time.

Job Commencement Date The date on which the Job Participant commenced employment in a Subsidised Position.

Job Services The provision of a job and associated assistance to the Job Participant in accordance with Part 3A clause 1.13 of this Project Schedule.

Job Services Period The period during which the Provider is to conduct the Job Services.

The Job Services Period is two years from the Job Commencement Date plus:

• any period/s of approved unpaid leave taken by the Job Participant up to a maximum of one year; and

• any period/s between when a Job Participant leaves employment in a Subsidised Position and a replacement Job Participant is employed (up to a maximum of 28 days).

Job Participant An individual who meets the eligibility requirements for a Job Participant under this Project Agreement and is identified by name in the Recruitment report.

Job Outcome Period The period specified in column B of the Retention Bonus Payment table.

National Employment Standards

Minimum terms and conditions that apply to employees under the Fair Work Act 2009 (Cth).

Outcome A Job Participant commencing in a Subsidised Position and maintaining continuous employment for the duration of a Job Outcome Period and otherwise in accordance with the requirements of this Project Schedule.

Provider The entity identified as the Provider in the Head Agreement and at Part 2, Clause 4.1 of this Project Schedule.

Post Placement Support Support and assistance that a CDP Provider is required to provide to a Job Participant under the Funding Agreement for the Community Development Program 2019-2022.

Subsidised Position An employment position approved by the Commonwealth, offered by the Provider and held by a Job Participant for which the Provider may receive Wage Subsidy Payments and Retention Bonus Payments.

Recruitment Services The services associated with the identification and engagement of a suitable Job Participant as described in Part 3A, clauses 1.7 - 1.12.

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Recruitment Period The period during which the Provider is to provide Recruitment Services and employ a Job Participant.

The Recruitment Period is 28 days from the day the Project Schedule is executed.

Retention Bonus Payment

An amount payable by the Commonwealth under this Project Agreement in accordance with the Retention Bonus Payment table in Part 3.

Services The services under this Project Agreement that the Provider is required to deliver to the Commonwealth’s satisfaction.

Wage Subsidy Payment An amount payable by the Commonwealth under this Project Agreement in accordance with the Wage Subsidy Payment table in Part 3.

PROJECT SCHEDULE – 1000 JOBS PACKAGE GRANT JOBS …

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