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
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
viii. legislation relating to the operation of superannuation
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
g. outlines strategies that will be put in place to ensure subcontractors comply with their legal obligations
Demonstration that the supplier of Works has submitted:
3. the Industrial Relations Self-Assessment Checklist in the form of Schedule 1 of Guidance on Industrial Relations Management Criteria
4. a Declaration of Compliance with the Industrial Relations Management Criteria in the form of Schedule 2 of Guidance on Industrial Relations Management Criteria
5. compliance under the Fair Jobs Code, when Fair Jobs Code applies.
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 4.
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 and 4.
Where a supplier of Works is pre-qualified 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
- 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 Fair Jobs Code applies to tenders from 1 December 2022.
Tender participants are reminded that they need to comply with processes established under the Fair Jobs Code.
To satisfy the Fair Jobs Code, when it applies, a tender participant (being a supplier of Construction Services) must:
- It holds a current Fair Jobs Code Pre-Assessment Certificate when the value of Services is $3 million or more (exclusive of GST),
- A subcontractor proposed for a subcontract valued at $10 million or more (exclusive of GST) under a contract valued at $20 million or more (exclusive of GST) holds a Fair Jobs Code Pre-Assessment Certificate.
- It 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 at https://www.buyingfor.vic.gov.au/fair-jobs-code-tools-and-templates-sup….
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 Construction 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, contact the Construction Policy Team.