Page 1135 - Week 04 - Wednesday, 6 April 2016
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Tenderers for contracts where labour will be exerted are required to complete and sign an ethical suppliers declaration to confirm that they comply with the relevant workplace legislation, such as paying the correct wages and making provisions for leave and the correct workers compensation.
Where they have had a finding against them under relevant legislation in the previous two years, tenderers must advise the territory in the ethical suppliers declaration and describe the remedial actions taken to ensure compliance in the future. This does not mean that the tenderer cannot win the contract. It is about transparency and helping to ensure that workers are protected when they are delivering works and services for the territory.
Once in contract with the territory, these companies are required to submit a declaration with their invoices for the services or works to confirm that they are continuing to meet their legal employment obligations. I cannot conceive that these requirements would be offensive to anyone, Madam Speaker. The MOU is simply confirming the government’s intention to contract only with companies that conduct their employment practices ethically and in accordance with the law. I cannot believe that this is controversial. The workers that the MOU is designed to protect are often the most vulnerable in the community. These people work hard and their remuneration is often not large.
The MOU seeks to ensure that systems are in place so that these people, often already disadvantaged in the workplace, are not doubly disadvantaged by being underpaid, working in unsafe conditions, or not being covered if they are injured at work. The government is proud to be part of an arrangement that helps to ensure that these people receive their proper legal employment entitlements.
It is completely wrong for anyone to suggest that through the MOU unions have a veto right over the award of contracts or that the territory is in any way outsourcing its procurement to the unions. When tenders are registered, a list of the tenderers for each procurement is provided to a number of organisations: the Long Service Leave Authority, the Environment Protection Agency, and UnionsACT.
This process gives these organisations an opportunity to alert the territory to any alleged—alleged—breaches of relevant legislation so that the territory—the territory—can investigate if necessary any pertinent matters to the evaluation criteria for the particular procurement. The territory is not always aware of instances where companies have not met their obligations and having other sets of eyes, regardless of whose eyes these are, and I might add that they are often industry associations as well, allows for any concerns to be brought to the territory’s attention for appropriate action.
The government decision-makers are experienced, professional and impartial in the conduct of their duties. They will listen to concerns raised about tenderers and disregard anything that cannot be supported by evidence. Having said that, it is in fact very rare for the unions to contact the territory with concerns about a particular tenderer.
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