Consultation on Secure Local Jobs Package
Consultation on the draft ACT Secure Local Jobs Code has closed
On 2 August 2018, the Minister for Workplace Safety and Industrial Relations introduced the Government Procurement (Secure Local Jobs) Amendment Bill 2018 into the Legislative Assembly. It can be accessed at www.legislation.act.gov.au/b/db_58718/default.asp .
The Amendment Bill allows for the making of the Secure Local Jobs Code, a key component of the ACT Government’s Secure Local Jobs Package. The Secure Local Jobs Package establishes an integrated suite of measures directed at ensuring the ACT Government only awards contracts to businesses that meet the highest ethical and labour standards.
The package aims to drive higher standards and ensure that there is a level playing field for businesses that abide by their industrial relations and employment obligations and ensure that competitors do not benefit from avoiding their legal obligations.
Under the proposed new arrangements, the
- Government Procurement (Secure Local Jobs) Amendment Bill would:
- define the types of contract that would be subject to the new arrangements (It is understood to include all contracts for cleaning, security, hospitality and traffic controllers as well as contracts over a certain threshold of between $200,000 and $250,000);
- establish a certification scheme for tenderers/contractors, called the Secure Local Jobs Certificate;
- set new rules for the procurement and management of Government contracts, including a requirement for certain tenders/contractors to have a Secure Local Jobs Certificate and to submit a Labour Relations, Training and Workplace Equity Plan;
- set up Government infrastructure to manage the Secure Local Jobs arrangements, including complaint handling, investigation and appeal mechanisms.
- the draft Secure Local Jobs Code would:
- set out the new obligations that would apply to tenderers/contractors in detail;
- provide more information about how to obtain a Secure Local Jobs Code Certificate;
- the draft Regulation would:
- provide more detail about what should be included in a Labour Relations, Training and Workplace Equity Plan; and
- clarify the types of contract that would not be covered by the new arrangements.
To assist in achieving the objectives of the Code, consultation model contract terms and conditions have been drafted.
The ACT Government has sought feedback on its consultation draft of the Government Procurement (Secure Local Jobs) Amendment Regulation 2018, the consultation draft of the Secure Local Jobs Code and the consultation draft model contract terms and conditions.
Answers to Frequently asked questions
What is changing?
ACT Government entities will not be able to accept procurement proposals or enter into contracts for procurement for certain kinds of projects with businesses that don’t meet the requirements.
Businesses that choose to tender or contract with the ACT Government will need to have a Secure Local Jobs Code Certificate, and continue to have a current Certificate for the duration of the project. Businesses with a Secure Local Jobs Code Certificate need to comply with the Secure Local Jobs Code.
Businesses tendering for procurement proposals for certain kinds of contracts worth at least $25,000 will also need to submit a plan which relates to workplace standards, diversity and equity in their workplaces and any of their subcontractors’ workplaces.
Standard contract terms will be included in ACT Government procurement contracts which include protections for workers and representative rights.
The Secure Local Jobs Code Registrar will oversee the new arrangements.
Who will the changes apply to?
The changes apply to businesses seeking Government contracts for specific kinds of services or works.
The kinds of services or works that will be covered at first will be in industries prone to insecure work and vulnerable employment: construction, cleaning, security and traffic management.
At a later stage, the requirements will also apply to all contracts for labour valued at or above a certain amount (currently expected to be $200,000)