Local Jobs Code Certification – Secure Local Jobs Certificate

Secure Local Jobs Package

On 25 October 2018, the ACT Legislative Assembly passed the Government Procurement (Secure Local Jobs) Amendment Bill 2018 into the Legislative Assembly. It can be accessed at https://www.procurement.act.gov.au/securelocaljobs .

This legislation 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.

To obtain a Secure Local Jobs Code Certificate, an applicant will need to Demonstrate a satisfactory history of compliance with the matters set out in Section 11(1) of the Code (i.e. Compliance with prescribed legislation and other obligations set out in the Code)

Recent changes:

New Tender requirements come into effect as of 1 February 2022. For information visit Ethical Treatment of Workers Evaluation.

Businesses tendering for construction, cleaning, security or traffic management work undertaking works of any value need to meet workplace standards in the Secure Local Jobs Code and have a Secure Local Jobs Code Certificate. They also need to complete a Labour Relations, Training and Workplace Equity Plan if the value of work is more than $25,000.

Additionally, the Code also applies to procurements over $200,000 for services or works (other than those listed as excluded services or works) to the ACT Government will also need a Code Certificate and Plan.

The new requirements create a fairer procurement process for ethical employers and holds to account businesses not meeting their industrial and legal obligations.

Past performance to inform future contract work

Changes to the Secure Local Jobs Code will also ensure that a business’s past performance can inform future contracts awarded for territory-funded work.

Tenderers will need to state their compliance with the Code and compliance with their commitments in their previous Labour, Relations, Workplace Training and Equity Plan (LRWTE Plan) when tendering for ACT Government contracts.

What has changed and what does this mean for suppliers to the ACT Government?

What it means for business

From 15 January 2019, your business will need a Secure Local Jobs Code Certificate to quote on construction, cleaning, security or traffic management work for the ACT Government. If the value of work is more than $25,000, you will also need to complete a Labour Relations, Training and Workplace Equity Plan .

You will need a Code Certificate before you quote and for the duration of the project. A Code Certificate confirms your business meets the standards in the Secure Local Jobs Code.

If you don’t have a Code Certificate, we cannot accept your tender or quote for any new work in construction, cleaning, security or traffic management from 15 January 2019 – no matter the value.

Subcontractors

Any subcontractors you plan to use for construction, cleaning, security or traffic management services will also need a Code Certificate. You will need to provide details of your subcontractors to us and ensure they comply with the Code throughout the project. Your subcontractors won’t need to complete Labour Relations, Training and Workplace Equity Plan.

Existing ACT Government contracts and panels

If you have an existing contract with us, you won’t need a Code Certificate unless you tender for new work in construction, cleaning, security or traffic management from 15 January 2019.

If you’re on an established panel in construction, cleaning, security or traffic management you will need a Code Certificate from 15 January 2020.

Services the Code covers

The Code applies to construction, cleaning, security or traffic management services as described below:

Construction work is defined in the Work Health and Safety Regulation 2011, section 289. Safe Work Australia’s Construction Work Code of Practice Section 1 and Appendix B includes more information on the definition of construction work.
Cleaning work is as defined in the ANZSIC Class 7311.
Traffic management means services which redirect vehicles around a temporary disruption to a public road for the purpose of ensuring safety to workers or the public.
Security work means services by a person who carries on a security activity within the meaning of the Security Industry 15 Act 2003, section 7.

Additionally, the Code also applies to procurements over $200,000 for services or works (other than those listed as excluded services or works), where labour is the highest cost to the ACT Government. Excluded services or works can be found in the Government Procurement Regulation 2007, part 4, section 12AB.

A business is a person or entity trading under an ABN including sole traders, partnerships, trusts and companies.

You will need a Code Certificate before you quote and for the duration of the project. A Code Certificate confirms your business meets the standards in the Secure Local Jobs Code. If you don’t have a Code Certificate, we cannot accept your tender or quote.

You will also require to complete a Labour Relations, Training and Workplace Equity Plan in consultation with your employees for cleaning, security or traffic management if the value of work is more than $25,000 and for construction work if the value of work is more than $200,000.

Labour Relations, Training and Workplace Equity Plan

Businesses tendering for construction, cleaning, security or traffic management work worth more than $25,000 will need to complete a Labour Relations, Training and Workplace Equity Plan (LRTWE Plan).

From 1 March 2022, the threshold value for LRTWE Plans for construction work has been increased from $25,000 to $200,000 to reduce the administrative burden to develop and maintain LRTWE Plans.

Additionally, the Code also applies to procurements over $200,000 for services or works (other than those listed as excluded services or works) to the ACT Government will also need to complete one.

The plan includes information on how they will comply with the Code and how they support employment security, health and wellbeing, diversity, and career development for workers. The plan must be developed in consultation with employees and include a statement about how this was done. The successful tenderer will need to operate in alignment with the plan for the duration of the project.

Ethical Treatment of Workers Evaluation

Secure Local Jobs Code
Secure Local Jobs Code Certificate	Ethical Treatment of Workers Evaluation/Criteria (New)

On 1 February 2022, the Ethical Treatment of Workers Evaluation was introduced to strengthen ACT Government procurement practices and ensure contracts are awarded to businesses that meet the high labour standards our community expect.

Updating your systems and policies

To apply for a Code Certificate you need to update your policies and systems to reflect your obligations under the Code (see Part 2 and 3 of the Code).

A business policy describes your approach or principles on a particular topic and helps guide your business plans, operations, and decisions. For example, a Workplace Induction Policy. A business system outlines the procedure or specific steps your business takes to demonstrate those policies. For example, a Workplace Induction Checklist.

Fees:

A fee estimate/quotation based on time and cost will be quoted upon inquiry. The following is a guide to the fee structure.

Entity with no employees or Associated Entities: Fee is from $350 excl GST plus any out of pocket cost to cover a search of the ASIC data base (ASIC name search). You will note there is now a requirement to verify Taxation and Superannuation payment records (and Associated entities where applicable) for the past 24 months and an ASIC name search.
Entity with employees and no associated entities: Fee is from $500 excl GST plus any out-of-pocket cost to cover a search of the ASIC data base (ASIC name search).
Entity with employees and Associated Entities: Fee is from $500 excl GST plus a fee for associated entities where verification of Taxation, Superannuation and other records is required (a Fee estimate will be provided if applicable) plus any out-of-pocket cost to cover a search of the ASIC data base (ASIC name search) will also be recovered.
A submitted SLJC application will be considered as an agreement for the audit work to commence.