Fact sheet for tenderers and contractors Mandatory practices for Australian Government Cleaning Services Contracts (AGCSC) This fact sheet is for information purposes only and should be read in conjunction with the Commonwealth Cleaning Services Guidelines, the Fair Work Principles, the Fair Work Principles User Guide (July 2012) and the Australian Government Cleaning Services Contracts fact sheet. 1. What are the mandatory practices for AGCSC? The Commonwealth Cleaning Services Guidelines include a number of mandatory practices for AGCSC. The mandatory practices, which are outlined in Schedule C of the Commonwealth Cleaning Services Guidelines, are complementary to, and build on, the requirements of the Fair Work Principles. Broadly, the mandatory practices outline requirements you must comply with under an AGCSC. These include the following workplace practices: • • • • Appropriate training, supervision, equipment and materials for staff to perform their job safely and efficiently. Written duty schedules at each site listing specific tasks to be completed. Fair and reasonable workloads for all employees and adequate staff to achieve required performance levels. Respect of freedom of association and representation of employees. 2. How do the mandatory practices for AGCSC apply to requests for tender for AGCSC? As outlined at section 5.1.1 (c and d) of the Commonwealth Cleaning Services Guidelines, Australian Government agencies must decline to accept a tender proposal for an AGCSC where you do not agree to be bound under any AGCSC arising from the tender to: • • comply with the mandatory practices for AGCSC as outlined at Schedule C of these Guidelines; and require any subcontractor engaged under the AGCSC to deliver cleaning services to comply with mandatory practices for AGCSC as outlined at Schedule C of these Guidelines. Additionally, 5.1.2 (a and b) of the Commonwealth Cleaning Services Guidelines outlines that Australian Government agencies must: • • in their tender for an AGCSC, require you to provide information and evidence on how you will comply with the mandatory practices for AGCSC; and not enter into a contract with you if they are not satisfied that the information and evidence you have provided adequately outlines how you will comply with the mandatory practices for AGCSC. Appendix C of the Fair Work Principles User Guide includes a table which provides examples of the types of information and evidence that you may provide to demonstrate how you will comply with the mandatory practices of the AGCSC as prescribed in the Commonwealth Cleaning Services Guidelines. It should be noted that the list included in the Fair Work Principles User Guide is not exhaustive. 3. How do the mandatory practices for AGCSC apply to contracts for AGCSC? As outlined at section 5.2.1 (c and d) of the Commonwealth Cleaning Services Guidelines, Australian Government agencies must not enter into an AGCSC that does not include a contractual obligation on you to: • • comply with the mandatory practices for AGCSC (as per Schedule C of the Commonwealth Cleaning Services Guidelines); and provide, when requested by an Australian Government agency, records which show: o the number of full time, part time, and part time shift employees who are performing, or have performed, work under the AGCSC; o the levels of the employees who are performing, or have performed, work under the AGCSC; o the hourly rates that are paid or have been paid to employees who are performing, or have performed , work under the AGCSC; o the types of training, equipment and materials provided to employees who are performing, or have performed, work under the AGCSC; o copies of the written duty schedules listing specific tasks to be completed that are provided to employees who are performing, or have performed, work under the AGCSC; o that the workloads for employees who are performing, or have performed, work under the AGCSC are fair and reasonable workloads and that there is adequate employees performing work under the AGCSC to achieve the required performance levels; o that freedom of association and representation of employees who are performing, or have performed, work under the AGCSC is acknowledged and supported; and o where you have subcontracted the delivery of some or all cleaning services under the AGCSC, the information at points 5.3 i to vi in relation to the subcontractor’s employees who are performing, or have performed, work under the AGCSC. In accordance with 5.2.1 d of the Commonwealth Cleaning Services Guidelines, an Australian Government agency may request you to provide any of the records from the table included at Appendix C of the Fair Work Principles User Guide to demonstrate your ongoing compliance with the mandatory practices for an AGCSC. 4. Further information Queries about the Commonwealth Cleaning Services Guidelines and the Fair Work Principles can be directed to the Fair Work Principles team at fairworkprinciples@deewr.gov.au. Page 2 of 2 December 2011