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;
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.
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; and
4. a Declaration of Compliance with the Industrial Relations Management Criteria in the form of Schedule 2 of Guidance on Industrial Relations Management Criteria.
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 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.
Tools resources and assistance
Evaluation criteria (Instruction 3.7) explains when the mandatory evaluation criteria for occupational health and safety management must be used.
Refer to the Detailed guide on the industrial relations management criteria for an explanation of the criteria and the guide to acceptable evidence.
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.