,.,

Schembri, Karen

From: Sent: To:

Schembri, Karen on behalf of GALLAGHER Wednesday, 16 May 2012 4:44 PM

Subject: RE: Molonglo 1D

Categories: Blue Category

Dear 1

Thank you fclr youi· correspondence of 16 May 2012 which is currently receiving attention.

regards

I<aren Schembri I Office of the Chief Minister t: 620 50840 I fx: 620 53030 I karen.schembri@act.gov.au I www.chiefminister.act.gov.au

IMPORTANT: This message, and any attachments to it, contains information that is confidential and may also be the ~ubject of legal professional or other privilege. If you are not the intended recipient of. this message, you must not review, copy, disseminate or disclose its contents to any other party or take action. in reliance of any material contained within it. If you have received this message in error, please notify the sender immediately by return email · Informing them of the mistake and ·delete all copies of'the message from your corripuler system.

From: Sent: Wednesday, 16 May 2012 4:38 PM To: GALLAGHER Cc:· Subject: FW: Molonglo 1D

Dear Ms Gallagher,

My email relates to the Molonglo Infrastructure Stage 1D John Gorton Drive Construction Tender (T 11643.17766.210).

As you may be aware, Kenoss Contractors Pty Ltd ("Kenoss") has been selected as the preferred tenderer for this tender process and commenced contract negotiations with the Territory In relatlo'n to this project. In addition, In accordance with the Territory's request dated 3 April 2012, Kenoss previously agreed to a 180 day extension of the tender validity period In respect of this tender process:

Kenos.s understands from an email of 4 April 2012 that, pursuant to clause 4.07 .2(a) of the Request for Tender, the Territory decided to cease contract· negotiations with Kenoss. Kenoss also understands that Its tender has not been excluded from further consideration.

Kenoss would like the opportunity to address the concerns that have given rise to the cessation of contract negotiations. Kenoss understands.the Territory's concern to be that recent events Involving Kenoss and WorkSafe ACT have given rise to t.he perception that Kenoss will be unable to meet the construction program for the John Gorton Drive lD project and safely manage the construction site.

1

,.,

' Kenoss considers that, notwithstanding recent events, It Is able to safely manage the . construction. site for this project. In particular:

Kenoss has taken action to address the Issues that gave rise to the Issuing of the prohibition notices Issued by WorkSafe ACT In relation to work being undertaken at Molonglo and Turner. WorkSafe ACT tancelled these notlces'on 5 April and· 13 April respectively;

l<enoss has taken ·action to address the Issues that gave rise to the issuing of an Improvement notice In respect addressed the Improvement notice Issued by WorkSafe ACT in relation to Its Turner .site. WorkSafe ACT cancelled this notice on 13/4/2012; arid

kenoss Is currently engaged on projects In the ACT and New South Wales that are regulated, in respect of safety, by WorkSafe ACT, WorkCover NSW and Comcare. As of the date of this email, WorkSafe ACT has provided no Indication to suggest that It will be Issuing further prohibition or Improvement notices to l<enoss.

In terms of l<enoss' ability to complete the project within the contract period, Kenoss would like to draw your attention to the following:

as noted above, there are no.safety Issues which would prevent Kenoss f.rom Immediately commencing work on the project;

Kenoss reiterates the confirmation provided to (SMEC) on 22 March 2012, namely that the .Introduction of the project design In separable portions will not result In Kenoss charging Prolongation Costs; and

subject to any delay caused by the delivery of the desl9n In separable portions; Kenoss maintains that. It will be able to complete the project within approximately 60 weeks, which Is substantially shorter than the period anticipated by the Territory.

Accordingly,.Kenoss considers that there are not significa~t risks relating to Kenoss' ability to meet the construction program and safely manage the constructlo.n site In resp.ect of this project. Consistent with Kenoss' status as preferred tenderer, Kenoss seeks to resume contract negotiations with the Territory as soon as possible.

I would like to set up a meeting with you, to discuss and assure the ACT Government that Kenoss can undertake government contracts in a safe and timely manner. NB We are about to sign a new EBA with the CFMEU, and there Is an alliance proposal with Worksafe ACT .

. Your positive reply would be highly appreciated.

Yours faithfully,.

Kenoss Contractors Pty Ltd

2

(

Schembri, Karen

From: Sent: To: Cc:. Subject:

Categories:

Sarah

For response please

Schembri, l<aren on behalf of GALLAGHER Wednesday, 16 May 20f2 4:44 PM Bourne, Sarah Smorhun, Vic FW: Molonglo 1 D

Blue Category

l<aren Schembri I Office of the Chief Minister t: 620 50840 I fx: 620 53030 I karen.schembri@act.gov.au I www.chiefminister.act.gov.au

IMPORTANT: This message, and any attachments to It, contains information that is corfidential and may also be the . subject of legal professional or other privilege. If you are not the intended recipient of this message, you must not

review, copy, disseminate or djsclose its contents to any other party or take action In reli~nce of any material contained within it. If you have received this message In error, please notify the sender immediately by return email Informing them of the mistake and delete all copies of the message from youi computer system,

From:'-· Sent: Wednesday, 16 May 2012 4:38 PM To: GALLAGHER Cc:' Subject: FW: Molonglo 1D

. ( Dear Ms Gallagher,

My email relates to the Molonglo Infrastructure Stage 1D John Gorton Drive Construction Tender (T 11643,17766.210).

As you may be aware, l<enoss Contractors Pty Ltd ("Kenoss") has been selected as the preferred tenderer for this tender process· and commenced contract negotiations with the Territory .In relation to this project. In addition, in accordance with. the Territory's request dated 3 April 2012, l<erioss previously agreed to a 180 day extension of tlie tender validity period In respect of this tender process .

. l<enoss understands from an email of 4 April 2012 that, pursuant to clause 4.07.2(a) of the Request for Tender, the Territory decided to cease contract negotiations with l<enoss. l<enoss also understands that Its tender has not been excluded from further consideration.

l<enoss·would like the opportunity to address the concerns that have given rise to the cessation of contract negotiations. l<enoss understands the Territory's concern to be that recent events Involving l<enoss and WorkSafe ACT have given rise to the perception that l<enoss will be unable to meet the construction program for the John Gorton Drive lD project and safely manage the construction site.

1

Kenoss. considers that, notwithstanding recent events, it Is able to safely manage the construction site for this project. In particular:

l<enoss has taken action to address the Issues that gave rise to the issuing of the prohibition notices Issued by WorkSafe ACT in relation to work being undertaken at Molonglo and Turner. WorkSafe ACT cancelled these notices on 5 April and 13 April respectively; ·

Kenoss has taken action to address the Issues that gave rise to the Issuing of an Improvement notice In respect addressed the Improvement notice Issued by WorkSafe ACT In relation to Its Turner site. WorkSafe ACT cancell.ed this notice on 13/4/2012; and

Kenoss Is currently engaged on projects In the ACT and New South Wales that are regulated, In respect of safety, by W6rk5afe ACT, WorkCover NSW and Comcare. As of the date of this email, WorkSafe ACT has provided no Indication to suggest that It will be issuing further prohibition or Improvement notices to l<enoss.

In terms of Kenoss' ability to complete the project within the cohtract period, Kenoss would like to draw your attention to the following: ·

as noted above, there are no safety issues which would prevent Kenoss from Immediately ( commencing work on the project;

,.,

Kenoss reiterates the confirmation provided to (SMEC) on 22 March 2012, namely that the introduction of the project design in separable portions will not result In Kenoss charging Prolongation Costs; and

subject to any delay caused by the delivery of the design In separable portions, Kenoss maintains that It will be able to complete the project within approximately 60 weeks, which Is substantially shorter than the period anticipated by the Territory.

Accordingly, Kenoss considers that there are not significant risks relating to Kenoss' ability to meet the construction program and safely .manage the construction site In respect of this project. Consistent.with Kenoss' status as preferred tenderer, Kenoss seeks to resume· contract negotiations with the Territory as soon as possible.

I woul.d like to set up a meeting with you, to discuss and assure the ACT Government that Kenoss can undertake government contracts.In a safe and timely manner. NB We.are about to . sign a 'new EBA with the CFMEU, and there Is an alliance proposal with Worksafe ACT.

Your positive reply would be highly appreciated.

Yours faithfully,

l<enoss Contractors Pty Ltd

2

i

'3 Schembri, Karen

From: Sent: To:

Schembri, l<aren on behalf of GALLAGHER Wednesday, 16 May 2012 4.:47 PM Smorhun, Vic

· Subject: . FW: Molonglo 1D

Categories: Blue Category

Hi Vic.

l just sent this one for response. Should it be lams or the treasurer as procurement is his area

l<aren Schembri I Office of the Chief Minister t: 620 50840 I fx: 620 53030 I karen.schembri@act.gov.au I www.chiefminister.act.gov.au

IMPORTANT: This message, and any attachments to it, contains information that is confidential and may also be the subject of legal professional or other privilege. If you are not the Intended recipient of this message, you must not review, copy, disseminate or disclose its contents to any other party or take action in reliance of any material contained wit.hln it. If you have.received this .message In error, please notify the sender immediately by return email informing them of the mistake and delete all copies of the message from your computer system ..

From: Sent: Wednesday, 16 May 2012 4:38 PM To: GALLf.GHER cc: -Subject: FW: Molonglo 1D

Dear Ms· Gallagher,

My email relates to the Molonglo Infrastructure Stage 1D John Gorton Drive Construction Tender (T 11643.17766.210),

As you may be aware, l<enoss Contractors Pty Ltd ("l<enoss") has been selected as the preferred tenderer for this tender process and commenced contract negotiations with the Territory in relation to this project. In addition, In accordance with the Territory's request dated 3 April 2012, l<enoss previously agreed to a 180 day extension of the tender validity period In respect of this tender process.

l<enoss understands from an email of 4 April 2012 that, pursuant to clause 4.07 .2(a) of the Request for Tehder, the Territory decided to cease contract nego.tiatlo.ns with l<enoss. l<enoss also understands that Its tender has not been excluded from further consideration.

l<enoss would like the opportunity to address the concerns that have given rise to the cessation of contract negotiations. l<enoss understands the Territory's concern to be that recent events Involving l<enoss and WbrkSafe ACT have given rise to the perception that l<enoss wlll be unable to meet the construction program for the John Gorton Drive 1D project and safely . manage the construction site.

1

Kenoss considers that, notwithstanding recent events, It Is able to safely manage the ' .

construction site for this project, In particular:

Kenoss has taken. action to address the Issues that gave rise .to the issuing of the prohibition notices Issued by WorkSafe ACT In relation to work being undertaken at Molonglo and Turner. WorkSafe ACT cancelled these notic.es on 5 April and 13 April respectively;

Kenoss has taken action to address the Issues that gave rise to the Issuing of an Improvement notice In respect addressed the Improvement notice issued by WorkSafe ACT In relation to Its Turner site. WorkSafe ACT cancelled this notice on 13/4/2012; and

Ken9ss Is currently engaged on projects In the ACTand New South Wales that are regulated, In respect of safety, by WorkSafe ACT, WorkCover NSW and Comtare. As of the date of this email, WorkSafe ACT has provided no lndlcatiOn to suggest that It will be Issuing further prohibition or Improvement notices to Kenoss,

In terms of Kenoss' ability to complete the project within the contract period, l<enoss would like to draw your attention to the following:

.as noted above, there are no safety Issues which would prevent Kenoss from immediately ( commencing work on the project;

Kenoss reiterates the confirmation provided to. . (SMEC) on 22 March 2012, namely that the Introduction of the project design In separable portions will not result in l<enoss charging Prolongation Costs; and ·

subject to any delay caused by the delivery of the design in.separable portions, Kenoss maintains that It will be able to complete the project within approximately 60 weeks, which Is substantially shorter than the period anticipated by the Territory.

Accordingly, Kenoss considers that there are not significant risks 'relating to Kenoss' ablllty to meet the construction program and safely manage the construction site in respect of this project. Consistent with Kenoss' status as preferred tenderer; l<enoss seeks to resume contract negotiations with the Territory as soon as possible. · ·

I would like to set up a meeting with you, to. discuss and assure the ACT Government that l<enoss can undertake government contracts In a safe arid timely mariner. NB We are about to sign a new EBA with the CFMEU, and there Is an alliance proposal with Worksafe ACT.

Your positive reply would be highly appreciated.

Yours faithfully,

Kenoss Contractors Pty Ltd

2

Schembri, Karen

From:· Sent:

Schembri, Karen on behalf of GALLAGHER Thursday, 17 May 2012 9:18 AM

To: Smorhun, Vic Subject: FW: Molonglo 1 D

Categories: Blue Category

Here you go

Karen Scheh1bri I Office of the Chief Minister . · · t: 620 50840 I fx: 620 53030 I karen.schembri@act.gov.au I www.chiefminister.act.gov.au

IMPORTANT: This message, and. any attachments to It, contains information that Is confidential and may also be the ( .\Jbject of legal professional or other privilege. If you are not the intended recipient of this message, you must not

review, copy, disseminate or disclose its contents to any other party or take action in reliance of any .material contained within it. If you have received this message in error, please notify the sender immediately by return emqil · informing them of the mistake and delete all copies of the · message from your computer system.

From: Sent: Wednesday, 16 May 2012 4:38 PM To: GALLAGHER Cc:· Subject: FW: Molonglo lD

Dear Ms Gallagher, ·

My email relates to the Molonglo Infrastructure Stage lD John Gorton Drive Construction Tender (T 11643.17766.210).

As you may be aware, Kenoss Contractors Pty Ltd ("Kenoss") has been- selected as the preferred tenderer for this tender process and commenced contract· negotiations with the Territory In relation to this project. In addition, In accordance with the Territory's request dated 3 April 2012, Kenoss previously agreed to a 180 day extension of the tender validity period In respect of this tender process. · · ·

l<enoss understands from an email of 4 April 2012 that, pursuant to·clause 4.07.2(a) of the Request for Tender, t.he Territory decided to cease contract negotiations with l<enoss. Kenoss also understands that Its tender has not been excluded from further consideration.

Kenoss would like the opportunity to address the concerns that have given rise to .the cessation of contract negotiations. · l<enoss understands the Territory's concern to ·be that recent events Involving l<enoss and WorkSafe ACT have given rise to the perception that l<enoss will be unable to meet the ·construction program for the John Gorton Drive lD project and safely manage the construction site,

1

{

,, '

Kenoss considers that, notwithstanding recent events, it Is able to safely manage the construction site for this project. In particular:

Kenoss has taken action to address the Issues that gave rise to the issuing of the prohibition ·notices issued by WorkSafe ACT In relation to work being undertaken at Molongio and Turner. WorkSafe ACT cancelled these notices on 5 April and 13 April respectively;

Kenoss has taken action to address the Issues that gave rise to the Issuing of an Improvement notice In respect addressed the improvement notice.issued.by WorkSafe ACT In relation to Its Turner site. WorkSafe ACT cancelled this notice on 13/4/2012; and . ' . . .

l<enoss Is currently engaged on proJects In the ACT and New SC°uth Wales that are regulated, In respect of safety, by WorkSafe ACT, WorkCover NSW and Comcare. As of the date of this email, WorkSafe ACT has provided no Indication to suggest that It will be issuing· further prohibition or. improvement notices to l<enoss.

In terms of Kenoss' ability to complete the project within the contract period, l<enoss would like to draw your attention to the following:

as.noted above, there are no· safety issues which would. prevent Kenciss from immediately commencing work on the project;

l<enoss reiterates the confirmation provided to (SMEC) cin 22 March 2012, namely that the Introduction of the project design In separable portions will not result In l<enoss charging Prolongation Costs; and ·

subject to any delay caused by the delivery of the design In separable portions, l<enoss maintains that It will be able to complete the project within approximately 60 weeks, which Is substantially shorter than the period anticipated by the Territory.

Accordingly, l<enoss considers that there are not slgnl.flcant risks relating to Kenoss' ability to meet the construction program.and safely manage the construction site In respect of this project .. Consistent with Xenoss' status as preferred tenderer, l<enoss seeks to resume contract negotiations with the.Territory as soon as possible.

I would like to set up a meeting with you, to discuss· and assure the ACT Government th<Jt ·l<enoss can undertake government contracts rn a safe and timely manner. NB We are· about to sign a new EB.A with the CFMEU, and there Is an alliance proposal with Worksafe ACT.

Y.our positive reply would be highly appreciated.

Yours faithfully,

l<enoss Contractors Pty Ltd

2

Schembri, Karen

From: Sent:

Schembri, Karen on behalf of GALLAGHER Thursday, 17 May 2012 11:28 AM

To: Bourne, Sarah; GALLAGHER Cc: Subject:

Smorhun, Vic; Tatipata, Shonella; CMCD DLO RE: Molonglo 1 D

Categories: Blue Category

Hi Matt

Can you provide an ack letter from the CM and redirect to Min Barr for response

Karen

~aren Schembri I Office of the Chief Minister "' 620 50840 I fx: 620 53030 I karen.schembri@act.gov.au I www.chiefminister.act.gov.au

IMPORTANT: This message, and any attachments to it, contains information that is confidential and may also be the subject of legal professional or other privilege. If you are not the intended recipient of this message, you must not review, copy, disseminate or disclose its contents to any other party or take action in reliance of any material contained within it. If you have received this message in error, please notify the sender immediately by return email informing them of the mistake and delete all copies of the message from your computer system.

From: Bourne, Sarah Sent: Thursday, 17 May 2012 11:15 AM To: GALLAGHER ~c: Smorhun, Vic; Tatlpata, Shonella; CMCD DLO J~bject: RE: Molonglo 1D

Hi - Tony has advised that this should bs directed to Shared Services Procurement to respond to. So we need to redirect to Treasury.

Thanks Sarah

From: Schembri, Karen On Behalf Of GALLAGHER Sent: Wednesday, 16 May 2012 4:44 PM To: Bourne, Sarah Cc: Smorhun, Vic Subject: FW: Molonglo 1D

Sarah

1

,.,

For response please

J<aren Schembri I Office of the Chief Minister I: 620 50840 j fx: 620 53030 I karen.schembri@act.gov.au I www.chiefminister.act.gov.au

IMPORTANT: This mes~age, and any attachments to it, contains information that Is confidential and may also be the subject of legal professional or other privilege. If you are not the intended recipient of this message, you must not review, copy,, disseminate or disclose its contents to any other party or .take action in reliance of any material contained within It. If you have received this message In error, pli'ase notify the sender immediately by return email lnforming·them of the mistake and delete all copies of the message from your computer system.

From: _ Sent: Wednesday, 16 May 2012 4:38 PM 'fo: GALLAGHER ~c:

Subject: FW: Molonglo 1D

Dear Ms Gallagher,

My email relates to the Molonglo Infrastructure Stage 1D John Gorton Drive Construction Tender (T 11643.17766.210).

As you may be aware, Kenoss Contractors Pty Ltd ("Kenoss") has been selected as the. preferred tenderer for this tender process and commenced contract negotiations with the Territory In relation to this project. In addition, In accordance with the Territory's request ilated 3 .April 2012, Kenoss previously agreed to a 180 day extension of the tender validity period In respect of this tender process.,

Kenoss understands from an email of 4 April 2012 that, pursuant to clause 4.07 .2(a) of the Request for Tender, the Territory decided to cease contract negotiations with Kenoss. Kenoss also understands that its tender has not been excluded from further consideration.

Kenoss would like the opportunity to address the .concerns that have given rise to the cessation of contract negotiations. ·Kenoss understands the Territory's concern to be that recent events Involving Kenoss and WorkSafe ACT have given rise to the perception that Kenoss will be unable to meet the construction program for the John Gorton Drive 1D projec.t and safely manage the construction site.

l<enoss considers that, notwithstanding recent events, It Is able to safely manage the construction site for this project. In· particular:

l<enoss has taken action to address the issues that gave rise to the Issuing of the prohibition. notices Issued by WorkSafe ACT In relation to work being undertaken at Molonglo and Turner. WorkSafe ACT cancelled these notices on 5 April .and 13 April respectively;

Kenoss has taken action to address the Issues that gave rise to the Issuing of an Improvement notice In respect addressed the improvement notice Issued by WorkSafe ACT In relation to Its Turner site. WorkSafe ACT cancelled this notice on 13/4/2012; and

2

Kenoss Is currently engaged on projects in the ACT and New South Wales that are regulated, In respect of safety, by WorkSafe ACT, WorkCover NSW and Comcare. As of the date of this email, WorkSafe ACT has provided no Indication to suggest that It will be Issuing further prohibition or Improvement notices to Kenoss.

In terms of Kenoss' ability to complete the project within the contract period, Kenoss would like to draw your attention to the following:

as noted above, there are no safety Issues which would prevent Kenoss from lmmedl.ately commencing work on the project;

Kenoss reiterates th.e confirmation provided to (SMEC) on 22 March.2012, namely that the Introduction 'ofthe project design In separable portions will not result In Kenoss

' charging Prolongation Costs; and

subject to any delay caused by the delivery of the design Jn separable portions, Kenoss maintains that It will be able to complete the project within approximately 60 weeks, which Is substantially shorter than the period anticipated by the Territory.

Accordingly, Kenoss considers that there are not signlflCant risks relating to Kenoss' ability to meet the construction program and safely manage the construction site In respect of this project. Consistent with Kenoss' status as preferred tende.rer, Kenoss seeks tq resume contract negotiations with the Territory as sooh as possible.

I would like to set up a meeting with you, to discuss and assure the ACT Government that Kenoss can undertake government contracts In a safe and timely manner. NB We are about to sign a new EBA with .the CFMEU, and there Is an alliance proposal with Worksafe ACT.

Your positive reply would be highly appreciated.

Yours faithfully,

Kenoss Contractors Pty Ltd

3

t I

Dear

Katy Gallagher MLA CHIEF MINISTER'

MINISTER FOR HEALTH MINISTER FOR TERRITORY AND MUNICIPAL SERVICES

MEMB~R FOR MOLONGlO

Thank you for your email of 16 May 2012 about the Molonglo Infrastructure Stage 1 D John . Gorton Drive Construction Tender (T11643.17766.210) ..

I appreciate you taking the time to write to me· and I have noted your comments regarding the cessation of contract negotiations with Kenoss for the above Tender. As this matter falls within the portfolio responsibilities of the Minister for Economic Development, Mr Andrew Barr MLA, it is appropriate that he consider the Issues you have raised, Including your meeting request. I have therefore referred your correspondence to Mr Barr for h!S attention and consideration. He will respond to you on behalf of the ACT Government.

Once again, th9nk you for writing,

Yours sincerely

sJ! c~ G 00t,/(j1-~. · Katy Gallagher MLA ·

Chief Minister

2 2 MAY 2012

. ACT LEGISLATIVE A55EMBLY

London Circuit, canbefra ACT 2601 GPO Box 1020, Canberra ACT 2601

Pho~e (02) 6205 0840 F~x (02) 6205 3030 Email: gallagher@act.gov.au

,.,

Schembri, Karen

From: Sent: To: Subject: Attachments!

Categories:

Dear

Schembri, Karen on behalf of GALLAGHER Tuesday, 22 May 2012 10:51 AM

· Correspondence from the Chief Minister to 20120522112327 452.pdf

Blue Category

Please find attached correspondence from the Chief Minister, Ms Katy Gallagher MLA

regards Karen Schembri I Off ice of the Chief Minister t: 620 ·s0840 I fx: 620 53030 I karen.schembri@act.gov.au I \'Jl~vi.chiefminister.act.gov.au

T~PORTANT: This message, and any attachments to it, contains information that is confidential and may also be the subject of legal professional or other privilege. If you are not the intended recipient.of this message, you must not review,· copy, disseminate or disciose its contents to any other party or take action in reliance of any material

. contained within it. If you have received this message in error, please notify the. sender immediat.ely by return email informing them of the mistake and delete all copies of the

. message from your computer system.

1

m MINUTP @ ACT ·

· Government' ·

Justice and Community Safely

GPO Box 158 Canberra ACT 2601 J phone: 02 6207 0500 \'l\V\V. Ju stlce .a et ,gov .au

UNCLASSIFIED Subnllsslon No B

Schcllulc No '

To: Attorney-General· Date Rcc'd rt"linistcr's Office .. .! .. .! ...

From: Executive Director, Office ofRegulat01y Services

Subject: Prohibition Notice on Kenoss Contractors Pty Ltd

Critical Date: 27 March 2012

• DDG .. .! .. .! ...

Recommendation 1. That you note this brief on a prohibiti.on notice issued today prohibiting further work on the Molonglo worksite managed by Kenoss Contractors Ply Ltd. · · . r ;

Background

, 4. WorkSafe ACT issued a prohibition notice on the Barry Drive site on Saturday 24 March 2012 and this notice will remain until WorkSafe ACT Is satisfied that the site has safe systems of work in place.

Issues 5 .. · Following the incident on Barry Drive, WorkSale ACT has today inspected another Kenoss Contractors Ply Ltd site. This site is the Molonglo site which Kenoss is managing on contract to Procurement Solutions. 6. WorkSafe ACT has today issued a prohibition notice to prohibit work on the Molonglo site. This Is 1 1

r i based on concerns about the adequacy of systems of work on the site. The current prohibition notice prohibits all work on the site until such time that WorkSafe is satisfied with the systems of work on site. The notice requires l<enoss Contractors Ply Ltd to have their systems independently reviewed and for them to .address any deficiencies identified in. that review. . .7. Work Safe ACT is currently checking whether Kenoss is engaged in any other construction work within . the ACT. Initial advice is that the two sites currently under Prohibition Notices are the only sites they are involved with in the ACT.

Financial Implications 8. This will have financial Implications for Kenoss Co.ntractors Ply Ltd site and their employees. This may also have implications for the ACT Government as Kenoss Contractors Ply Ltd have been engaged by Procurement Solutions on both sites. Complying with the two Prohibition Notices could result in some delay to the contracts in question.

Internal Consultation 9. · The Work Safety Commissioner has advised TAMs and the Office of Industrial Relations of the action taken.

UNCLASSIFIED B Page'l of2

I ;

UNCLASSIFIED

External Consultation 10. Nil

Benefits/Sensitivities 11. N/A

Media Implications 12. The incident at Barry Drive has attracted media interest. There is likely to be further media interest in this matter. It is proposed that the Work Safety Commissioner issue a Media Release advising that WorkSafe has issued a Prohibition Notice on the Molonglo site.

Brett Phillips

55074

26 March 2012

D Salisfactory D Unsallsfactory

D

Chief Officer/Business Unit Head {if not the signatory} Phone

· Action Officer Mark McCabe Phone 50349

AGREED/NOT AGREED/NOTED/DISCUSS

Simon Corbell MLA ............................ / .... / .. ..

Performance Assessment

UNCLASSIFIED Page2 of2

l •