Effective date: 1 July 2018
Industrial relations management criteria for suppliers of Works
The supplier of Works must demonstrate that it has in place:
1. An Industrial Relations Policy Statement that details:
a. the organisational structure for each project identifying the senior personnel, their responsibilities and the reporting lines;
b. the contact details of the people responsible for managing workplace relations matters;
c. the process for consulting and communicating with the workforce, including strategies to communicate with and manage the relationship with employees, subcontractors, construction unions and representatives of building associations;
d. the disputes resolution and grievance procedure; and
e. the process for managing subcontractor compliance with legal obligations.
2. A project specific Industrial Relations Plan that:
a. assesses the workplace relations risks specific to that project;
b. outlines approaches tailored to manage those specific risks;
c. outlines a contingency plan to respond to unforeseen risks;
d. outlines the proposed approach to compliance with legal obligations under relevant Commonwealth and State legislation, and industrial instruments including:
i. Commonwealth workplace relations legislation;
ii. applicable enterprise agreements and modern awards;
iii. applicable project agreements;
iv. Victorian long service leave legislation;
v. Victorian occupational health and safety legislation;
vi. Victorian workers compensation legislation;
vii. Victorian and Commonwealth equal opportunity, anti-discrimination and charter of human rights and responsibilities legislation; and
viii. legislation relating to the operation of superannuation;
ix. Victorian legislation relating to the use of labour hire; and
x. Victorian legislation relating to wage theft;
e. proposed approach to managing employee’s entitlements;
f. outlines policies and procedures that detail the approach that will be taken to the selection, engagement and management of subcontractors; and
g. outlines strategies that will be put in place to ensure subcontractors comply with their legal obligations.
i. outlines the proposed approach to ensure that an employment relationship or a proposed employment arrangement is not knowingly or recklessly misrepresented as an independent contracting arrangement (applies when contract to which this industrial relations management plan applies is values at $1 million or more); and
j. outlines the proposed approach to ensure that immigration laws are complied with, and to ensure legal obligations are met when engaging employees who have a working visa (applies when contract to which this industrial relations management plan applies is values at $1 million or more);
Demonstration that the supplier of Works has submitted:
3(a). the Industrial Relations Self-Assessment Checklist in the form of Schedule 1 of Guidance on Industrial Relations Management Criteria; and
3(b). a Declaration of Compliance with the Industrial Relations Management Criteria in the form of Schedule 2 of Guidance on Industrial Relations Management Criteria.
OR
3. its current Fair Jobs Code Pre-Assessment Certificate or IR self assessment.
When the Fair Jobs Code applies, demonstration that:
4. the Supplier of Works holds a current Fair Jobs Code Pre-Assessment Certificate when the value of Works is $1 million or more (exclusive of GST),
5. a subcontractor proposed for a subcontract valued at $1 million or more (exclusive of GST) holds a Fair Jobs Code Pre-Assessment Certificate, unless sections 4.3 or 4.4 of the Fair Jobs Code apply.
6. the supplier of Works has submitted to the satisfaction of the Agency a Fair Jobs Code Plan Addendum when the value of the Works is $20 million or more (exclusive of GST). The Fair Jobs Code Plan Addendum is required in addition to any other industrial relations management plan or occupational health and safety management plan as may be required by this Tender. The supplier of Works must submit a Fair Jobs Code Plan Addendum using the template issued by the Fair Jobs Code Unit available on the Buying for Victoria website.
Application of the industrial relations management criteria
Where a supplier of Works does not hold prequalification under an approved Register and submits a tender or other offer to an Agency:
- Demonstration to the satisfaction of the Agency that a supplier of Works has complied with criteria 1 to 5.
Where a supplier of Works submits an application for prequalification under an approved Register:
- Demonstration to the satisfaction of the Manager of the approved Register that a supplier of Works has complied with criteria 1, 3 4 and 5.
Where a supplier of Works is prequalified under an approved Register or a member of a Supplier Panel and submits a tender or other offer to an Agency:
- Demonstration to the satisfaction of the Agency that a supplier of Works has:
- complied with criterion 2;
- confirmed to the Agency that the supplier of Works remains on the approved Register or Supplier Panel; and
- confirmed to the Agency that there has been no material change to the information submitted to satisfy criteria 1, 3 and 4 that would impact the supplier of Works’ ability to satisfy those criteria.
Industrial Relations Management Criteria (supplier of Construction Services)
The following industrial relations management criteria apply from 1 December 2022.
When the Fair Jobs Code applies, demonstration that:
1. the Supplier of Construction Services holds a current Fair Jobs Code Pre-Assessment Certificate when the value of Services is $1 million or more (exclusive of GST);
2. a subcontractor proposed for a subcontract valued at $1 million or more (exclusive of GST) holds a Fair Jobs Code Pre-Assessment Certificate;
unless sections 4.3 or 4.4 of the Fair Jobs Code apply.
the supplier of Construction Services has submitted to the satisfaction of the Agency a Fair Jobs Code Plan when the value of the Services is $20 million or more (exclusive of GST). The supplier of Construction Services must submit a Fair Jobs Code Plan using the template issued by the Fair Jobs Code Unit available on the Buying for Victoria website.
Tools and support
Refer to the Detailed guide on the industrial relations management criteria for an explanation of the criteria and the guide to acceptable evidence.
The industrial relations management self-assessment management checklist is available at:
- Applying for pre-qualification Construction Supplier Register
- Applying for pre-qualification Residential Cladding Rectification Register
- Applying for pre-qualification Construction Supplier Register - category Low value works projects
The Practitioners Toolkit includes key documents, guidance and information relating to the Ministerial Directions and Instructions.
For further information about the Ministerial Directions and Instruction for public construction procurement, please contact the Construction Policy Team.