173Submission of tenders

#### 173 Submission of tenders 173 Submission of tenders > > (1) A tender submission must be submitted in writing, including, subject to subsection (2), by electronic means. > > > (2) A tender submission may not be submitted by electronic means unless the submission by electronic means is effected by a secure mechanism, including an encryption-based technology, that ensures the tender submission cannot subsequently be altered. > > > (3) Unless sent by electronic means, a tender submission must be sent or delivered in a sealed envelope. > > > (4) A tender submission for the performance of domestic or other waste management services must be accompanied by an undertaking made by the tenderer if the tender proposal document contains the information required by section 170(1)(e). > > > (5) In the undertaking, the tenderer must undertake to ensure— > > > > > (a) the individuals will be offered employment to continue to provide the service, and > > > > > (b) for an individual who accepts the offer of employment— > > > > > > > (i) the employment will be on at least the same terms as the individual’s current employment, and > > > > > > > (ii) the employment will be taken to be a continuation of the individual’s current employment with no loss of entitlements, and > > > > > > > (iii) the tenderer will pay the annual increase in the individual’s base rate pay in accordance with— > > > > > > > > > (A) the applicable industrial instrument, or > > > > > > > > > (B) if there is no applicable instrument—the Local Government (State) Award. > > > (6) An individual, to which an undertaking relates, may take action to enforce the undertaking as if the undertaking were a contract between the tenderer and the individual. > > > (7) Subsection (6) does not prevent or limit the action the council may take to enforce the undertaking. > > **s 173:** Am 2022 (800), Sch \[23\]–\[27\]; 2023 (677), Sch 1\[3\].