7. Definitions

Award

Legally enforceable determination made by the Commonwealth and/or Queensland Industrial Relations Commissions containing the minimum terms and conditions of employment to be met by an employer.

Best Practice

Continuous improvement of processes, products and services to ensure world-class standards of performance.

Building and Construction Industry

Those activities associated with residential and non-residential building; refurbishment and fitout; landscaping; demolition; civil and other engineering construction; all associated maintenance; and related consultancies.

Certified Agreement

An agreement between an employer and a group of employees on the terms and conditions of employment and certified by the Queensland Industrial Relations Commission.

Client

The project, building or facility owner, or their agent.

Code of Practice

A document that outlines and establishes principles and standards of behaviour.

Consultant

A professional acting as an organisation or individual such as an architect, engineer, quantity surveyor, project manager, building scientist or the like, commissioned to advise on or undertake planning, design, supervision or specific technical advisory activities relevant to a project or building.

Contract

An agreement for the supply of goods or the performance of services.

Contractor

An organisation, entity or individual responsible for the performance of the work specified under a contract.

Employee

A person whose employment is governed by a contract of service or a person deemed to be an employee under the Queensland Industrial Relations Act 1999.

Employer

A person, corporation, enterprise or organisation that employs a person or persons under a contract of service or a person deemed to be an employer under the Queensland Industrial Relations Act 1999.

Employer Association

An association whose membership generally consists of employers who operate in the construction or related industries and is registered under the Workplace Relations Act (Commonwealth) and/or the Queensland Industrial Relations Act 1999.

Government Agency

• Any department or statutory body as those expressions are defined in the Financial Administration and Audit Act 1977; and
• Any government owned corporation and its subsidiaries where the shareholding Ministers have given a notification pursuant to section 123 of the Government Owned Corporations Act 1993.

Industry Association

An organisation representing the professional and/or trade or commercial interests of its members.

Party

Includes but is not limited to clients; agents of clients; principals; contractors; subcontractors; suppliers; consultants; employees; unions, including their officials, employees and members; and industry associations while undertaking a representative role.

Principal

The person, entity or organisation responsible for contracting with a contractor or consultant for the carrying out of the work.

Principal Contractor

For a construction workplace (other than a construction workplace for domestic premises) the principal contractor is:

• the person appointed as principal contractor by the owner of the workplace;
• if no principal contractor is appointed, the owner of the workplace; and
• for a construction workplace for domestic premises, the principal contractor is the person in control of the workplace.

Project

An activity or undertaking with a defined objective or objectives, beginning and end.

Service Provider

Includes contractors, subcontractors, consultants, suppliers and agents who are contracted to provide goods and/or services.

Subcontractor

A party that provides goods and/or services to a contractor or to a subcontractor.

Supplier

Any party that provides goods to a contractor or subcontractor.

Tender

Prices, bids, quotations and consultant proposals.

Tenderer

The party submitting a tender.

Union

An organisation of employees working in the construction or related industries that is registered under the Workplace Relations Act (Commonwealth) and/or the Queensland Industrial Relations Act 1999.

Value for Money

Value for money does not automatically mean the lowest price and should consider factors including but not limited to:

• contribution to Government objectives;
• fitness for purpose and other considerations of quality;
• performance;
• delivery;
• accessories and consumables;
• service support;
• cost related factors, such as whole of life costs and transaction costs;
• disposal;
• environmental standards;
• industry development;
• health and safety of the work force and the public;
• risk exposure; and
• technical and financial issues.