Page 2590 - Week 07 - Thursday, 2 August 2018
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video
Rightly, the community expects the government to be a model purchaser. Quite simply, governments should not be giving their businesses to employers who sidestep or ignore their obligations and, in doing so, undercut their rule-abiding competitors. This bill will legislate a pre-qualification audit regime, to be known as the secure local jobs code certificate; new tender evaluation and contract oversight requirements; a ministerial advisory council; and internal governance and supporting infrastructure, including establishment of the statutory role of registrar for the secure local jobs code.
This bill will help ensure a level playing field for those seeking government work. It will also encourage employers across the territory to lift their standards and do better by their workers so that no-one gets left behind.
The secure local jobs package as a whole will also simplify the sometimes complex processes businesses must undertake in order to tender for work. A number of existing requirements and policies will be streamlined and clarified as a result of these new arrangements.
Guidance on how agencies are expected to comply with the requirement for ensuring “probity and ethical behaviour” under section 22A of the act already requires the completion of an ethical suppliers declaration for relevant projects and compliance with the industrial relations and employment obligations strategy, as well as outlining specific requirements for contract provisions and contract management.
More than 1,500 companies currently hold certificates under the existing industrial relations and employment certification regime for building and construction contracts. Code certification will replace this process for the building and construction sector.
There is already an ethical suppliers declaration that tenderers are required to complete for prescribed works and services worth $25,000 or more, which will be folded into this process. Individual agencies have different tender requirements and contract terms to endeavour to meet the objective of contracting only with service providers that meet their ethical and labour relations obligations.
As we all know, there is currently an MOU with UnionsACT that is given effect through various parts of the procurement process. The MOU will be phased out as the code takes effect: first in the construction, cleaning, security and traffic management sectors; and then for all procurements when the second tranche of the territory-funded work is established under schedule 1 to the bill.
These current mechanisms are fragmented and difficult for territory entities to understand and comply with consistently, in part because they are established through a range of different policies and guidelines and in part because there is limited support for territory entities in doing so.
The secure local jobs package will create a strong, clear governance arrangement to enable all parties—tenderers, contractors and territory entities—to comply with obligations that in most instances already exist but are difficult to demonstrate or enforce.
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video