Memorandum of understanding (MoU) - Stockland Development Pty Ltd

Parties

The Crown in the right of the State of New South Wales acting through the Office of the Building Commissioner (OBC) (ABN 81 913 830 179) of 2-24 Rawson Place, Haymarket NSW
2000

AND

Stockland Development Pty Ltd (Developer) (ABN 71 000 064 835) of Level 25, 133 Castlereagh Street, Sydney NSW 2000

Background

1. The Developer is the developer of class 1 building subdivisions and engages or arranges for or causes the engagement of consultants and contractors for the design and construction of class 1 buildings.
2. The Developer acknowledges that it and other participants in the construction industry should use all reasonable endeavours to create appropriate and respectful workplaces for both today and tomorrow's workforces and that some key considerations for doing so are:
   1. Ensuring safety of residential building sites in accordance with applicable laws and regulations.
   2. Providing appropriate building site amenities and properly maintaining them. Minimising waste produced at building sites especially hazardous waste.
   3. In this document, these key considerations are referred to as Site Objectives.
3. The Developer notes OBC's advice to the effect that there is a correlation between, on the one hand, a failure to observe the Site Objectives, and on the other hand, the existence of defects in buildings.
4. The Developer acknowledges that there is a need for the Developer to have processes in place to ensure the Site Objectives are observed.
5. The OBC agrees that the Developer shall implement the Site Objectives for a period of 12months (Trial Period) from the date of signing this MoU. At the conclusion of the Trial Period if agreed by the parties that the implementation of the Site Objectives has been beneficial then the Developer shall use all reasonable endeavours to implement the Site Objectives at its current and future projects for class 1 building subdivisions.
6. The OBC acknowledges that any costs the Developer incurs to observe Site Objectives at its site may be passed on by the Developer to the builder (Builder).

Understanding

1. The Developer agrees to introduce new standards to observe the Site Objectives at building sites of both its current and future projects for class 1 buildings.
2. More specifically to fulfil clause 1, the Developer will use all reasonable endeavours to ensure toilet amenities available for workers to use on class 1 building sites have the following features:
   1. They are in good working order.
   2. They are accessible to workers.
   3. They are safe and ergonomically safe.
   4. They are appropriate and fit for purpose in accordance with the NSW Government, Code of Practice (Construction Work).
   5. They minimise splash exposure to human waste, biological material and chemicals.
   6. They are properly maintained with cleaning and the emptying of waste being performed in a timely manner consistent with good industry practice. 
   7. Cleaning and maintenance also focus on ensuring:
      • There are no slip, trip or fall hazards; and
      • That there are adequate pest control measures put in place.
   8. The risk of infection or illness from using or being in or on the amenities is minimised to the extent that it is in the Developer's reasonable control.
   9. There is no excessive heating of cubicles due to their location.
   10. There is adequate ventilation to allow fresh air to circulate to minimise toilet gas build up, to displace odours and to reduce heat.
   11. They are sufficient in size and number for the site with at least 1 toilet amenity block with running water and handwashing facilities being provided for the site for each 100 (actual or proposed) lots or part thereof on the site. An amenity block can be either:
       • A block with a separate female section containing at least one cubicle andhandwashing facilities.
       • A block for all genders with cubicles only (no urinals) and at least one cubicle designated female.
   12. They are maintained in a way that provides privacy, dignity and safety of users are maintained.
3. Within 14 days of a reasonable request by OBC, the Developer will demonstrate compliance with clauses 1 and 2.
4. The parties agree that Site Objectives will be implemented for class 1 buildings for the Trial Period at the Developer's residential development sites known as;
   1. Elara (Precinct 7);
   2. The Gables (Precinct D); and
   3. Forrest Reach (Stage 2).
5. The Developer may charge the Builder for providing and maintaining the amenities described in clauses 1 and 2.
6. Within 14 days of request by OBC, such request to be made on one occasion only, the Developer will contribute a total of $5,000 which is to be paid in instalments over three years to an education program to be developed by TAFE NSW and OBC on the topic of best practice for the set up and maintenance of a modern building site that observes the Site Objectives.
7. The parties agree that before publishing this MoU or making any media statements or press releases, social media posts or links to or on any website (Media Release) regarding this MoU, the party that proposes to publish the Media Release will permit each other an opportunity to review, edit and approve the Media Release, such approval shall not be unreasonably withheld. A party must not use a Media Release to adversely comment on the other party.

Date signed

• Authourised representative in the presence of witness signed on behalf of The Crown in right of the State of New South Wales acting through the Office of the Building Commissioner on 15 January 2024.
• Authourised representative in the presence of witness signed on behalf of Stockland Development Pty Ltd on 22 September 2023.

Original document

Download the Memorandum of understanding - Stockland Development Pty Ltd (PDF 475.02KB)