Compliant on-site practices and procedures

The Victorian Code and Guidelines require all contractors, when undertaking building and construction work, to implement on-site practices and procedures which:

• promote compliance with the objectives of the Victorian Code and Victorian Guidelines;
• encourage best-practice; and
• promote productive and safe work practices (section 4.2).

• Workplace Relations Management Plan (WRMP) where the Victorian Government’s funding for a project (directly or indirectly) is $10 million or more, or is at least $5 million and represents at least 50 per cent of the total construction project value (section 6);
• Health and Safety Management Plan (HSMP) (section 9);

• contractors adopting policies that promote freedom of association, including site management overseeing site induction processes where an industrial agreement requires an employee representative, site delegate or other union representative to undertake or administer the site induction process (section 10);
• contractors requiring strict compliance with the procedures governing right of entry under the Fair Work Act 2009 and any relevant occupational health and safety or Victorian legislation (section 10);
• compliant dispute settlement procedures (section 8) such as:

• reporting of grievances and disputes about workplace relations or occupational, health, safety and rehabilitation matters within 24 hours that may impact on project costs, related contracts or timelines; and
• parties taking steps to resolve industrial action that could affect project delivery;
• allowing an employer to decide whether to make payments to industry superannuation, redundancy and sick leave funds which are in excess of award and legislative requirements (section 5.3);
• prohibiting direct or indirect coercion or pressure on a party to make over-award payments (section 5.2);
• prohibiting requiring or attempting to unduly influence a party to have particular workplace arrangements in place, such as project-specific wages and conditions (section 5.4);
• prohibiting project agreements on projects (section 5.7) except in the circumstances set out in section 7; and
• prohibiting a party entering into, participating in, or facilitating arrangements or practices designed to avoid its own legal obligations, or the legal obligations of others including arrangements or practices (section 4.2):

• that are sham contracting arrangements;
• that are designed to avoid or circumvent strike pay obligations;
• that are designed to avoid or circumvent strict compliance with right of entry requirements; or
• that undermine freedom of association.