Construction Supplier Register
Industrial relations management criteria
Attachment E – Guidance note (issued 1 February 2010)
1.
Introduction
The construction industry is a major contributor to the Australian economy. The Victorian
Government is supporting this key industry in becoming more forward-looking, innovative
and internationally competitive. The keys to success are an improved workplace and
management culture, better employer and employee relationships, and improved industrial
relations planning and management at both the enterprise level and on projects.
Relevant federal and state legislation includes:
 Workplace Relations Act 1996 (Clth)
 Construction Industry Long Service Leave Act 1997 (Vic.)
 Dangerous Goods Act 1985
 Equipment (Public Safety) Act 1994
 Federal Awards (Uniform System) Act 2003
 Long Service Leave Act 1992
 Occupational Health and Safety Act 2004
 Outworkers (Improved Protection) Act 2003
Government encourages the industry to adopt a strategic approach to the management of
industrial relations at the enterprise level, and to integrate industrial relations management
activity into project planning and management.
The Victorian Government Code of Practice for the Construction Industry defines the
minimum levels of acceptable industrial relations behaviour, and emphasises the need to
develop an industry culture committed to improving and achieving high standards in
industrial relations management.
Construction Supplier Register
Industrial relations management criteria, Attachment E – Guidance note (issued 1 February 2010)
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2.
Industrial relations management criteria
2.1
Policy Statement that addresses:
 Senior management support;
 Enterprise goals for industrial and employee relations;
 Responsible personnel for managing industrial and employee relations;
 Communications processes;
 Subcontractor compliance.
The policy statement should contain objectives or goals relating to industrial and employee
relations. Communication processes and sub-contractor assessment measures should be
described (for example meetings, consultative committees, bulletins). A copy of the
company industrial relations policy, signed by the CEO, Directors, or Partners (as
appropriate). The contact person should be able to discuss and clarify the industrial relations
policy.
2.2
Identification of legal and other industrial relations and employment obligations
such as:
 Awards;
 Enterprise, workplace or other enforceable agreements;
 Federal or Victorian legislation;
 Project agreement (where applicable).
2.3
Relevant industrial instruments should be documented and may include one or
more of the following awards and agreements (the list is not exhaustive):
2.3.1
General
 Victorian Building Industry Agreement (VBIA) 1
 Company specific awards.
 Company specific certified agreements or industrial instruments.
 National Metal and Engineering On-site Construction Industry Award 1989.
2.3.2
AWU
 Australian Workers Union Construction and Maintenance Award 1989
 Asphalt and Bitumen Industry (Southern States) Award 1999
 Pioneer Road Services Award
 Company specific – AWU Civil Construction (Pattern) Agreement 2001
 Roads Corporation Enterprise Agreement 1999 – 2002
 Company specific – (Altona Area) Certified Agreement 2000 – 2003
1
Note: The VBIA is not a registered document but has wide application in the building industry. It is also referred
to in the electrical contracting enterprise agreement.
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Construction Supplier Register
Industrial relations management criteria, Attachment E – Guidance note (issued 1 February 2010)
2.3.3
CFMEU Construction & General Division
 National Building and Construction Industry Award 1990
 Company specific – CFMEU Pattern Enterprise Agreement 1999 – 2002
2.3.4
CFMEU FEDFA Division
 National Building and Construction Industry Award 1990
 Mobile Crane Hiring Award 1996
2.3.5
CEPU ETU Division
 National Electrical, Electronic and Communications Contracting Industry Award 1998
 Company specific – Electrical Contracting Enterprise Agreement 2000–2003
2.3.6
CEPU Plumbing Division
 Plumbing Trades (Southern States) Construction Award 1999
 Sprinkler Pipe Fitters Award 1998
 Company specific – Plumbing and Mechanical Services Enterprise Agreement 1999–2002
 Company specific – (Fire Contractors Victoria) Certified Agreement 1999–2002
 Company specific – and CEPU Commercial Refrigeration Sector Enterprise Agreement
2000–2003
2.3.7
AFMEPKIU Metals Division
 Metal Engineering and Associated Industries Award 1998 Part 1
2.3.8
AFMEPKIU Technical & Supervisory Division
 Metal Engineering and Associated Industries Award 1998 Part 2
2.4
Management plans that address:
2.4.1
Industrial issues relevant to the enterprise;
2.4.2
Actions to be taken for specific events such as:
(i)
(ii)
(iii)
(iv)
grievance disputes;
inclement weather;
threatened or actual industrial action;
unforeseen risks.
The Industrial Relations Plan should provide information about the key industrial relations
issues that affect the enterprise. (This may be part of the industrial relations policy
statement). The plan should address items that are likely to emerge as part of the
contractor’s work and describe what the contractor will do to address problems that may
emerge. ‘Site issues’ might include situations arising from site allowances, amenities,
clothing, tools etc. The plan should include a contingency plan which outlines a process for
responding to unforseen risks.
Construction Supplier Register
Industrial relations management criteria, Attachment E – Guidance note (issued 1 February 2010)
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2.5
Compliance over preceding 24 months in following areas:
 remuneration to employees;
 annual leave;
 long service leave payment scheme registration;
 workers compensation insurance;
 superannuation fund membership; and
 other lawful payments.
Signing the Attachment D Part 1 Declaration is evidence of verification of compliance with
all items. If the business has not complied with any or all of the items then a signed
declaration or statement must be provided detailing:
 any findings against the tendering entity by a court, tribunal, commission or board of a
breach of an applicable industrial instrument, including a finding of a breach in a
non-confidential consent order, in the preceding 24 months and any convictions under
legislation in the preceding 24 months:
 any convictions in the preceding 24 months;
 any current prosecutions or proceedings: and
 remedial measures implemented to ensure future compliance
You may be asked for evidence of registration with the long service leave scheme (CoInvest),
superannuation scheme (e.g. C+BUS), and other payments (eg Incolink for redundancy
purposes) which are part of the award or relevant enterprise agreement.
Remedial measures should indicate how the business has amended, or plans to amend, its
practices to address the problem that was the subject of the past or current actions listed.
2.6
Sub-contractors relationships that address:
 selection methods that test compliance with industrial relations laws; and employment
obligations;
 management of sub-contractors; and
 ongoing sub-contractor compliance.
Your approach to selection of sub-contractors who comply with industrial relations laws and
obligations may be included in your industrial relations policy. For example you may require
that subcontractors provide documentation similar to this pre-qualification requirement.
It would be expected that the contractor can demonstrate effective industrial relations
management of sub-contractors.
Contractors should be familiar with the Victorian Government’s industrial relations
management policy as outlined in the Victorian Code of Practice for the Building and
Construction Industry.
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Construction Supplier Register
Industrial relations management criteria, Attachment E – Guidance note (issued 1 February 2010)
www.dtf.vic.gov.au
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Construction Supplier Register
Industrial relations management criteria, Attachment E – Guidance note (issued 1 February 2010)