Page 2591 - Week 07 - Thursday, 2 August 2018
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The key way in which this bill ensures a level playing field is through the establishment of secure local job certificates, a certification system which would test employer compliance with workplace relations obligations. The bill will also place obligations on government entities to ensure that tenderers for affected contracts meet a number of requirements, including that they hold a secure local jobs certificate. A secure local jobs certificate would only be granted if a supplier is demonstrably meeting their workplace relations obligations. Auditors will actively verify businesses’ compliance with the standards provided for in the secure local jobs code in order to be granted certification.
As I have mentioned, the secure local jobs code, which will be made via disallowable instrument, sets out workplace standards and related requirements to ensure that workers receive the highest possible protections. To ensure further legal protection of workers, the bill also requires the territory to only enter into a contract for certain classes of procurement if the contract includes standard terms in relation to the secure local jobs code. These terms require the provision of adequate training and inductions on workplace safety and employee rights, amongst other things such as ongoing adherence to these standards set out in the code.
The requirements I have outlined would apply to specific categories of services or works for territory entities where insecure or poor work practices have been observed. In the first instance, these will be contracts primarily for construction work, cleaning, security or traffic management services issued after 15 January 2019.
Within 12 months of notification, the scope of the new requirements will be expanded to include all territory government contracts that are primarily for labour and valued above an amount prescribed by legislation. I expect the contract value in this respect will be $200,000 or more, aligning with the existing threshold at which a number of procurement obligations take effect. The commencement dates are intended to give industry time to prepare and familiarise itself with the new obligations.
To make sure that employers meet their obligations and that there is truly a level playing field, the bill establishes a clear governance framework. It establishes the role of a registrar to oversee the framework, and equips the registrar with powers to conduct investigations and take compliance action against secure local jobs code certificate holders that breach the code. The registrar will be able to receive complaints from somebody who believes on reasonable grounds that the code is being breached, and to respond accordingly.
These measures will help ensure that dishonest businesses cannot seek competitive advantage by circumventing their obligations. To ensure fairness to all involved, the bill also includes the ability to appeal certain decisions relating to secure local jobs code certificates to the ACT Civil and Administrative Tribunal.
When the Chief Minister committed to a secure local jobs package, he said it would create an efficient, clear and transparent governance regime for the resolution of disputes, and that is exactly what this bill does. While the bill applies to public contracts for certain categories of services or works, this will have positive flow-on effects throughout the territory as ethical businesses meet these higher standards.
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