Application Form and Guide for School Cleaning Panel Status Published by the Infrastructure and Sustainability Division Department of Education and Training Melbourne February 2015 ©State of Victoria (Department of Education and Training) 2015 The copyright in this document is owned by the State of Victoria (Department of Education and Training), or in the case of some materials, by third parties (third party materials). No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968, the National Education Access Licence for Schools (NEALS) (see below) or with permission. An educational institution situated in Australia which is not conducted for profit, or a body responsible for administering such an institution may copy and communicate the materials, other than third party materials, for the educational purposes of the institution. Authorised by the Department of Education and Training, 2 Treasury Place, East Melbourne, Victoria, 3002. This document is also available on the internet at http://www.education.vic.gov.au/school/principals/infrastructure/Pa ges/cleaning.aspx Contents 1 Application Guide 3 1.1 Effect of this guide 3 1.2 Further information and clarification 3 1.3 Assessment process 3 1.4 Conditions of application 3 1.5 Assessment criteria 4 1.6 Timelines 4 1.7 Achievement of Panel Status 4 1.8 Remaining on the Panel 4 1.9 Panel Status, continuing obligations and revocation 5 1.10 Enquiries 5 1.11 Lodgement of applications 5 1.12 Disclaimer 5 1.13 Statutory declaration 6 1.14 Non-conforming applications 6 1.15 Changes 6 1.16 Updating details 6 1.17 English language and metric units 6 1.18 Commercial background assessment 6 1.19 Assessment of applicant's industrial relations record 7 1.20 Ownership of applications 7 1.21 Employment conditions and equal opportunity 7 1.22 Use of information and exchange of information between government agencies 7 2 3 1.23 Confidentiality and disclosure 8 1.24 Costs of application 8 1.25 Government procurement guidelines 8 1.26 Assignment and subcontracting 8 1.27 Services delivered under panel system 8 1.28 Definitions 9 Application Form 3 2.1 Application type 3 2.2 Previous Panel registration 3 2.3 School cleaning contracts 3 2.4 Municipalities 4 Application Criteria 3.1 5 Occupational health and safety (OH&S) practices 5 Contents continued 3.2 Sound practices in human resource management 13 3.3 Compliance with industrial awards or instruments 17 3.4 Ability to effectively manage contractual commitments 21 3.5 Ability to provide client focussed services 23 4 Applicant’s Statutory Declaration 26 5 Supporting documents 27 5.1 Department Panel Agreement 27 5.2 List of Attachments 27 1 Application Guide This Guide is for sole traders and companies with employees (Applicants) to submit information for assessment by the Department, to determine the eligibility of Applicants to tender for future cleaning contracts in Victorian government schools. All School Councils are required to engage the services of a cleaning contractor with Panel Status. Please complete ALL sections of the Application Form, unless otherwise specified. Please DO NOT staple or bind your application. 1.1 Effect of this guide No contractual or legal obligations arise from this guide beyond the intention of the Department of Education and Training (the Department) to assess applications and grant panel status to applicants, if appropriate. This is not a tender process that will lead automatically to any contractual arrangement with a school. This guide does not guarantee that schools will offer, continue or extend cleaning service contracts to cleaners that gain Panel Status. The Department's intention is to grant panel status to suitable applicants, and those applicants will be eligible to submit tenders for future cleaning contracts. A successful application enables the applicant to be listed on a panel of approved cleaning contractors. Approved applicants should then respond to calls for tenders from individual school councils advertised in daily newspapers. All contractors must quote their Panel registration number when submitting a tender. Applicants are required to sign a contract with the Department (Department Cleaning Panel Agreement) and attach two copies of that contract to their application. Applicants who gain panel status will also be required to sign a separate contract with the individual school council (School Council Agreement for the Provision of Cleaning Services) if a school wishes to engage the applicant following a tender process. 1.2 Further information and clarification Despite any other requirement of the Guide, the Applicant must, if so required, submit additional information to allow full consideration of the Application. There is no obligation on the part of the Department to seek clarifying or any other information not provided as part of the Application Form, if the application is incomplete. 1.3 Assessment process The assessment process will be managed by the Department and its Contract Cleaners Assessment Committee (CCAC). The CCAC will make recommendations to the Department concerning the assessment of applications and the ongoing panel status of applicants, for determination by the Department. The Department is not bound to accept the CCAC recommendations. 1.4 Conditions of application Each application must be submitted in accordance with the terms and conditions of these guidelines and all attachments and any additional terms and conditions that the Department may provide on its website at http://www.education.vic.gov.au/school/principals/infrastructure/Pages/cleaning.aspx Application Guide 3 Applicants will be taken to: have read this guide, and any other information, including any changes issued and made available in writing by the Department for the purpose of applying; have considered all information relevant to the risks, contingencies, and other circumstances having an effect on their Application; and be satisfied as to the correctness and sufficiency of their application to be assessed against the Assessment Criteria of this Application form. 1.5 Assessment criteria Applicants must demonstrate: sound practices to promote occupational health and safety sound practices in human resource management compliance with relevant industrial awards/instruments ability to effectively manage contractual commitments ability to provide client focussed services. 1.6 Timelines The time frame for consideration of an Application is expected to be between 30 and 90 days. This is only a guideline and should not be relied upon by an Applicant. 1.7 Achievement of Panel Status The Department is under no obligation to approve any Application. The Department may deal with an Application as follows: reject the Applicant (with or without a time period prior to which the Department will not consider a further or amended Application from the Applicant) or; approve the Applicant for Panel Status; or approve an Application for Panel Status, but only with effect from the date when the Applicant has satisfied the specific requirement (eg. Applicant will be accepted on the Panel when the Applicant provides the Panel with documents confirming a particular matter). Applicants must note that achieving Panel Status is in no way to be taken as approval by the Department of the adequacy or appropriateness of compliance by the applicant with any law or legislation. Admission to the panel is determined by how well an applicant satisfies the assessment criteria 1.8 Remaining on the Panel Once a cleaning contractor obtains panel status they will maintain panel status indefinitely unless: the Department revokes a cleaning contractor's panel status, or a cleaning contractor who gains panel status is not engaged by a school for a period of two years, in which case the panel status will cease automatically after the expiry of the two year period. The Department (under the Department Cleaning Panel Agreement) and schools (under the School Council Agreement for the Provision of Cleaning Services) have the 4 Application Form and Guide for School Cleaning Panel Status right to terminate these contracts. However, Panel Status is not affected by the termination of a School Council Agreement for the Provision of Cleaning Services by a school council. The grounds for revocation are set out in the Department Panel Cleaning Agreement. 1.9 Panel Status, continuing obligations and revocation Any Applicant that achieves Panel Status is under an obligation to maintain that status by ensuring continuing compliance with the assessment criteria and all relevant legislation, including occupational health & safety legislation and regulations, relevant industrial legislation and instruments, taxation legislation, corporate regulation and the criminal law. Applicants with Panel Status may be subject to an audit at intervals at the discretion of the Department. 1.10 Enquiries Applicants may request clarification of this document in writing. Any response by the Department will be written and may, if of general application, be issued as a change. All enquiries should be directed, in writing via email, to cleaning@edumail.vic.gov.au 1.11 Lodgement of applications Applicants shall address and lodge applications as follows: labelled APPLICATION FOR PANEL STATUS addressed to School Contract Cleaning Unit Infrastructure and Sustainability Division Department of Education and Training and posted to GPO Box 4367 MELBOURNE VIC 3001 OR delivered in person to GOODS RECEPTION Basement, 2 Treasury Place EAST MELBOURNE VIC 3002 1.12 Disclaimer While these guidelines and Application Form have been prepared with all due care, the Department does not warrant the document is free from errors or omissions. Please advise the School Contract Cleaning Unit if you identify any discrepancy, error or omission in the guidelines, The Department is in no way liable for the accuracy of any information printed or stored by a user after downloading material from the Department's website. Any applicant who utilises an automatic language translation service in connection with the guidelines does so at their own risk. Application Guide 5 1.13 Statutory declaration An Applicant must submit its Application with a fully completed Statutory Declaration as set out in the Application Form. Applications not accompanied by the appropriate Statutory Declaration may be regarded as non-conforming. Failure to supply information in full may render the Application non-conforming. A non-conforming Application may be rejected by the Department. 1.14 Non-conforming applications An application that is: at variance with or does not respond to or does not fully comply with any requirement of the Application; or contains erasures or is illegible; may be deemed to be non-conforming. The Department may, in respect of an Application that is non-conforming or which has been deemed by the Department to be non-conforming: reject and not further consider the application; or ignore any non-conformance in the application; or if it is possible to correct the non-conformance without affecting the probity of the assessment process, permit the Applicant to do so. 1.15 Changes At any time, the Department may issue changes to the Guide for the purposes of clarifying documents or to notify any amendments to this Guide. Where a Guide is downloaded from the Department's website, Applicants assume responsibility for ensuring that any changes are incorporated or taken into account in their Application. It is the sole responsibility of the Applicant to check the Department's website for any changes prior to submitting an Application. Applicants must sign any amendment or change to their Application and may be considered non-conforming if they do not do so. 1.16 Updating details If information provided in an Application changes (for example, the ABN changes or the business structure changes) you must provide this updated information to the School Contract Cleaning Unit. In some circumstances, such as a change of status from Proprietor Labour to Contractor with Employees, a new Application may be necessary. 1.17 English language and metric units All Application Schedules and all communications with the Department must be in the English language. All references to measurements must be in metric units. 1.18 Commercial background assessment By submitting an Application, the Applicant consents to the Department seeking further information and investigating the Applicant's commercial viability and financial status. Where an Act or Regulation requires that an applicant (as described by that Act or 6 Application Form and Guide for School Cleaning Panel Status Regulation) be registered or licensed to carry out the services, evidence of registration or licensing must be produced by the Applicant in its Application. The Department may seek information from sources, including regulatory and law enforcement bodies, relevant to whether the Applicant can perform the Services. 1.19 Assessment of applicant's industrial relations record By submitting an Application, the Applicant consents to the Department investigating the Applicant's Industrial Relations compliance on behalf of the Department. 1.20 Ownership of applications All applications will become the property of the Department, which may use each Application for assessment for Panel Status. Applicants shall retain intellectual property rights in their Application. By submission of an Application, each Applicant authorises the Department to copy, reproduce, use or supply intellectual property of the applicant for any purpose in respect of the assessment of the Application. The Applicant will ensure that no third party intellectual property rights are infringed by the Department's possession or use of the material provided by the Applicant 1.21 Employment conditions and equal opportunity Without limiting the obligations of any Applicant to comply with all industrial relations and employment conditions applicable to it, the Victorian Government requires that any contractor engaged by the Department ensures that the appropriate legislative minimum rates of pay and conditions of employment are afforded all employees engaged by the Applicant and any of its subcontractors. 1.22 Use of information and exchange of information between government agencies By submitting an Application, the Applicant: authorises the Department to obtain from any Victorian Government department or agency, or any other Australian State or Federal department or agency, information including, but not limited to, details of the Applicant's performance during any previous or current contracts for services similar to those sought in this Guide; and confirms that to the extent legally possible it shall take all steps as are necessary to satisfy any request from the Department for information (including without limitation police criminal record statements or citizenship visa or residency status) as relating to any employee, shareholder or officer of the Applicant if that information could affect the potential or actual or ongoing delivery of cleaning services to the Department; and authorises the Department to contact any third party who is referred to in the Application, or the author of any documents which are provided by the Applicant in its Application. The provision of information by the Department to any other Victorian Government department or agency is acknowledged by the Applicant to be a communication in circumstances of qualified privilege and the Applicant shall have no claim against the Department, in defamation or otherwise, in respect of any matter arising out of the provision or receipt of such information, including any claim for loss to the Applicant arising out of the communication. Application Guide 7 1.23 Confidentiality and disclosure Applicants should be aware that the Department may be required to disclose information regarding an Applicant, either under the Freedom of Information Act 1982 (Vic) or by the responsible minister or under the provisions of the Financial Management Act 1994 (Vic). 1.24 Costs of application The Department will make no payment to an Applicant: for any costs, losses or expenses incurred by an Applicant in preparing its application; or in respect of any discussions, negotiations, enquiries or requests for details or information made by or on behalf of the Department after the submission of Applications; or for any work undertaken by any applicant after its application is submitted including work requested by the Department in accordance with any provision of the Application. 1.25 Government procurement guidelines By virtue of the Financial Management Act 1994 (Vic), the Victorian Government Purchasing Board may issue procurement guidelines and policies that will influence future Victorian government contracts. Applicants who have Panel Status and are successful in being engaged by schools, will be required on an ongoing basis to demonstrate their compliance with the Department's Ethical Employment Standard, as defined in the Department Cleaning Panel Agreement. 1.26 Assignment and subcontracting An Application is valid only for the Applicant submitting it and Panel Status, if granted, is not assignable or transferable by an Applicant to any contractor, subcontractor, franchisee or other person or legal entity. 1.27 Services delivered under panel system The services to be delivered under contract by Panel Status contractors are cleaning services in Victorian government schools. Cleaning frequency and scope will be specified by schools and will include all general and specialist areas such as toilet and shower areas, carpeted areas, kitchen, food preparation and staff rooms and furniture, fittings and fixtures. Major cleans in holiday periods may be undertaken. Other cleans required by individual schools will be specified in contract documentation. 8 Application Form and Guide for School Cleaning Panel Status 1.28 Definitions In this Guide, unless a contrary intention is indicated: Term Meaning as used in this document Applicant means the party submitting an application to gain panel status means the submission by an applicant seeking admission to the Contract Cleaners Panel means the Department's Contract Cleaners' Assessment Committee which makes recommendations to the Department about the assessment of applications and the ongoing panel status of cleaning contractors includes step children and foster children Application CCAC or children conflict of interest DET or the Department Department Cleaning Panel Agreement discretion of the Department EEO Guide OHS OHS Act 2004 means a situation where an applicant has a personal or family relationship, or an actual or potential business relationship with: a person employed by a school or on a school council or in a position to materially influence that employee or school council member, at a school where the applicant is currently performing cleaning services, or at a school where the applicant would seek to perform cleaning services a member of the Department who is or is likely to be, involved in the assessment of an application for admission to the Contract Cleaners Panel means the Department of Education and Training means the agreement between the Department and a cleaning contractor that sets out the obligations of contract cleaners on the panel means the sole, absolute and unfettered discretion of the Department means Equal Employment Opportunity means this document which describes the conditions, requirements and selection criteria associated with the Contract Cleaners Panel means occupational health and safety Panel status means the Occupational Health and Safety Act 2004 (Vic) means the Panel of Contract Cleaners established by the Department comprised of applicants that have successfully qualified or been preselected by the Department means being on the Contract Cleaners Panel Parent includes a step parent or foster parent or parent-in-law Panel Application Guide 9 Term Meaning as used in this document proprietor labour means: an applicant operating or proposing to operate as a sole trader, or as a partnership of no more than two partners, to deliver school cleaning services without employee labour an applicant operating or proposing to operate as a sole trader, or as a partnership of no more than two partners, that employs a maximum of four persons to perform services and that those employees are exclusively, themselves, their parents, spouse or children an applicant operating as a company engaging up to a maximum of four employees, and those employees are either shareholders of the applicant, or the parents, spouse or children of a shareholder provided that: the applicant will never have more than four people working in the business, including any proprietor, sole trader, partners or employees during the time it has panel status the applicant must continue to operate within the above definitions means the assessment process conducted by the Department for appointment to the panel of applicants who, at the time they submit their application, have an existing cleaning engagement with one or more schools means cleaning services sought to be provided by the applicant including as set out in the statement of requirements means the agreement that an Applicant with Panel Status would be required to sign with an individual school council, if it is determined by that school that it wishes to make arrangements to engage the Applicant means a husband, wife or de facto Qualification Services School Council Agreement for the Provision of Cleaning Services Spouse Specialist Cleaning Services State 10 means persons providing, on an intermittent or periodic basis, carpet, curtain or other fabric steam cleaning, window cleaning, specialist toilet cleaning or steam or pressure cleaning by third parties of interior or exterior school walls means the Crown in the right of the State of Victoria Application Form and Guide for School Cleaning Panel Status 2 Application Form Entity Name: Record the name on your Australian Business Number (ABN) registration Registered Name: Business If you are operating as a sole trader, partnership or a trust, and not as a company, provide your business name registered with the Australian Securities and Investments Commission (ASIC). ABN: Australian Business Number ACN: Australian Company Number (if any) Registered for GST? Registered Address: Yes No Business NOT a Post Office Box. Enter any building details and Street eg. Level 1, Victoria House, 12 Smith Street Town / Suburb State Postcode Business Telephone: Office Mobile Business Email: Correspondence regarding this application will be sent to this email address Postal Address: If your postal address is the same as your registered business address, please state “as above” Town / Suburb State Contact Person: Name of person submitting application / Company or business representative Contact Telephone: Office Mobile Contact Email: Application Form 3 Postcode 2.1 Application type Are you applying for admission to the School Contract Cleaners Panel as a contractor with employees or as proprietor labour? Indicate Contractor with employees Proprietor Labour* *Please refer to the full definition of Proprietor Labour in the table at Section 1.28. Applicants granted Panel status as Proprietor Labour may not employ staff to provide cleaning services. The cleaning services must be provided by the sole trader applicant or a family partnership of up to four immediate family members. 2.2 Previous Panel registration Have you previously applied for admission to the School Contract Cleaners Panel? Indicate yes no If ‘yes’, please provide: Panel Application Number (if known): ____________ Panel Registration Number (if known): ____________ 2.3 School cleaning contracts Have you ever had a cleaning contract with a Victorian government school? Indicate yes no Have you ever had a cleaning contract with a childcare centre or non-government school? Indicate yes no List the schools and child care centres and include the relevant contract expiry date/s. School Name Contract dates If insufficient space, please attach a separate list Application Form 3 2.4 Municipalities Indicate municipalities within Victoria in which you are willing to provide cleaning services. 2.4.1 2.4.2 4 Metropolitan Melbourne Banyule Glen Eira Maroondah Port Phillip Bayside Greater Dandenong Melbourne Stonnington Boroondara Hobson’s Bay Melton Whitehorse Brimbank Hume Monash Whittlesea Cardinia Kingston Moonee Valley Wyndham Casey Knox Moreland Darebin Manningham Mornington Peninsula Frankston Maribyrnong Nillumbik Alpine Gannawarra Macedon Ranges South Gippsland Ararat Glenelg Mansfield Southern Grampians Ballarat Golden Plains Mildura Strathbogie Bass Coast Greater Bendigo Mitchell Surf Coast Baw Baw Greater Geelong Moira Swan Hill Benalla Greater Shepparton Moorabool Towong Buloke Hepburn Mount Alexander Wangaratta Campaspe Hindmarsh Moyne Warrnambool Central Goldfields Horsham Murrindindi Wellington Colac-Otway Indigo Northern Grampians West Wimmera Corangamite Latrobe Pyrenees Wodonga East Gippsland Loddon Queenscliff Yarriambiack Regional Victoria Application Form and Guide for School Cleaning Panel Status 3 Application Criteria 3.1 Occupational health and safety (OH&S) practices Applicants must demonstrate a commitment to the principles of Occupational Health and Safety. 3.1.1 Occupational health and safety management system The Department is committed to ensuring the safety, health and wellbeing of its employees, students and visitors through the provision of safe schools and workplaces. All workplaces require systems for managing health and safety. An Occupational Health and Safety Management System (OHSMS) is a set of plans, actions and procedures to systematically manage health and safety in the workplace to: provide a safe and healthy workplace and prevent/reduce the incidence of illness and injury to employees, and others in the workplace; identify workplace hazards and assess and control risks; gain involvement of managers, supervisors and employees and their representatives in health and safety matters; provide information and training for employees at all levels so they can work safely; and measure and continuously improve the OHSMS. Applicants who are contractors with employees must have an OHSMS which is consistent with the OHS Act 2004 (Vic) which also requires employers to provide information in appropriate languages about health and safety at the workplace, including the names of persons to whom an employee may make an enquiry or complaint about health and safety. All Applicants are to complete the section below, choosing either the “contractor with employees” or “proprietor labour”, as applicable. EITHER Contractors with employees Attach a copy of your OHSMS and compliance with the relevant legislation. How do you inform your staff about your OHSMS? OR Proprietor labour Proprietor labour applicants do not need to have their own OHSMS and may adopt the school policy if awarded a school cleaning contract. Application Criteria 5 How do you demonstrate a commitment to the principles of the OHS Act 2004? How would you apply this within a school setting? 3.1.2 Risk assessment All Applicants are to complete the section below, choosing either the “contractor with employees” or “proprietor labour”, as applicable. EITHER Contractors with employees The OHS Act 2004 (Vic) states that risk assessments must be conducted in various circumstances. A risk assessment must be recorded in writing, and include: name/s of assessor/s; date of assessment; the workplace/unit/process; substances/ tasks reviewed; controls in place to prevent a risk to health; degree of exposure or nature of risk identified; why decisions about risk were made; and results of monitoring. Risk assessments shall be conducted according to the Victorian Occupational Health and Safety Regulations 2007 on: manual handling; hazardous substances; noise; prevention of falls; and WorkSafe Victoria “Prevention of falls compliance code” - ladders. Attach copies of all relevant risk assessments conducted in accordance with the OH&S Regulations for the three years prior to submitting this Application. 6 Application Form and Guide for School Cleaning Panel Status If you have fewer than three risk assessment documents, identify the three highest OH&S risks that you consider your employees might face while working in a school environment. For each of these risks, list the relevant sections in your OH&S policy that describe your management strategies for minimising both the likelihood and the consequences of each risk occurring including: actions (steps to be taken); resources (what and who is required); responsibility (who is responsible for what); and timing (when each step should take place). Risk 1 Mitigation/Resolution process Risk 2 Mitigation/Resolution process Risk 3 Mitigation/Resolution process Application Criteria 7 OR Proprietor labour Sign the following declaration: I confirm that if I obtain work at a school, I will discuss with the school's Principal or designated OH&S officer, the risks relevant to cleaning at that school and the following OH&S regulations: manual handling; hazardous substances; noise; prevention of falls; and WorkSafe Victoria “Prevention of falls compliance code” - ladders. _________________________________________ Signature of Director / Proprietor _________________________________________ PRINT NAME 3.1.3 OH&S compliance and incident history Sections 37-39 of the OHS Act 2004 state that a range of actual or potentially serious OH&S incidents must be recorded and the relevant authorities notified. Such records must be kept for at least five years. EITHER Provide copies of: any OH&S serious incident reports for the last five years; any improvement or prohibition notices issued to your business in the last three years; and any OH&S charges against the Applicant or the Applicant’s business in the last five years, with details of the status of those charges. OR Sign the following declaration: The applicant has not had: any OH&S serious incident reports for the last five years; any improvement or prohibition notices issued to your business in the last three years; and any OH&S charges laid against the applicant or the applicant’s business in the last five years, with details of the status of those charges. _________________________________________ Signature of Director / Proprietor _________________________________________ PRINT NAME 8 Application Form and Guide for School Cleaning Panel Status 3.1.4 Chemical management Provide: a copy of your register of cleaning chemicals and hazardous substances that complies with the Victorian Occupational Health and Safety Regulations 2007; the manufacturer’s Material Safety Data Sheet (MSDS) for each chemical that you use. (Material safety data sheets are available from the product manufacturer and can usually be downloaded from their websites). Hand written sheets are not acceptable; and For Applicants without current contracts, supply information for the chemical products you intend on using. Where and how do you typically store cleaning chemicals? How do you train your staff to safely use and store cleaning chemicals and hazardous substances? Where and how do you make available to your employees the MSDS for the chemicals they use? 3.1.5 First aid Applicants should note generally section 21(2)(d) of the OHS Act 2004 which requires they maintain facilities for the welfare of the employees. Applicants should also note the Work Safe Victoria Compliance code “First aid in the workplace” states that “First aid facilities should be located at points convenient to the workforce”. If you are not currently cleaning a school, please answer the questions as if you are currently cleaning a school. Does your first aid kit/s comply with the WorkSafe Victoria Compliance code? Indicate yes no Where do you locate first aid kits in the work place? Application Criteria 9 What is your procedure for checking stock and restocking first aid kits? 3.1.6 OH&S training PROPRIETOR LABOUR APPLICANTS DO NOT NEED TO COMPLETE SECTION 3.1.6 Applicants need to prove that information, instruction and training to enable their employees to work safely without risk to their health or the health of others at the workplace has been provided in accordance with the OHS Act 2004. Provide the following details about how you train your employees in OH&S. Total number of Victorian staff Number of employees trained in OH&S Number of training hours per trained staff member Who provides OH&S training? Is training provided by a registered training organization (RTO)? Most common level of staff OH&S certification, qualification or training Provide a list of topics covered in current OH&S induction training provided to your staff and also the topics covered in supervisor training. If you maintain training attendance records or other documents, attach an example copy of these as evidence of this communication. 10 Application Form and Guide for School Cleaning Panel Status 3.1.7 Maintenance of cleaning equipment Attach a copy of your equipment register showing in-service safety inspection and testing of electrical equipment maintained in accordance with the Australian / New Zealand Standard 3760 (“AS/NZS 3760”). For each item, include: Plant ID No Description of Electrical Equipment Storage Location Test Period as per AS/NZ 3760 Due test date Date tested Passed/Failed Record of repairs Signature of competent person All Applicants should provide dates of past tests as evidence that testing has been completed. Information should be provided for all equipment. What is your procedure for in-service inspection testing and tagging of electrical equipment? Describe the manner/location and storage of your cleaning equipment Application Criteria 11 3.1.8 Hazards and accidents Applicants need to explain how they meet their obligations under sections 35 and 36 of the OHS Act 2004 to consult with employees about OH&S matters, workplace risks and the need for reporting of workplace risks and hazards. To whom and how do you and/or your employees alert cleaning and site managers about health and safety issues and risks? What is your process for notifying accidents and injuries? Do you have a register of injuries for staff, and how long has this been in place? Who maintains this register? How do you instruct your employees about reporting hazards and accidents? 3.1.9 Personal protective equipment What type of personal protective equipment (PPE) do you issue to your cleaning staff? eg. gloves, eye protection. 12 Application Form and Guide for School Cleaning Panel Status What is your procedure for maintaining and renewing this equipment? 3.2 Sound practices in human resource management Applicants must demonstrate sound practices in human resource management and a commitment to the prevention of discrimination and harassment in the workplace. 3.2.1 Equal Employment Opportunity Policy EITHER Contractors with employees The Victorian Government seeks to ensure that contractors working in Victorian Government facilities will promote the principles of Equal Employment Opportunity (EEO). Attach a copy of your written policies that support EEO that: comply with anti-discrimination legislation; and include the grievance procedure for an employee who might wish to lodge a sexual harassment complaint. Explain when and how you inform your staff about your EEO policies. Attach a pro-forma attendance record or other documents that verify this communication of EEO policies. How do you train your supervisors to increase their understanding of EEO and to respond appropriately to EEO issues? OR Proprietor labour Proprietor Labour Applicants are not required to have their own EEO policy, however the following questions will need to be answered. Application Criteria 13 How do you demonstrate a commitment to the prevention of discrimination and harassment in the workplace? How would you demonstrate a commitment to and compliance with the EEO principles of the school? 3.2.2 Management structure PROPRIETOR LABOUR APPLICANTS DO NOT NEED TO COMPLETE SECTION 3.2.2 Attach a diagram of your business management structure down to and including the level of supervisor with respect to your Victorian operations. 3.2.3 Management qualifications Attach a brief resume of your management personnel down to and including the level of supervisor at each of your contract sites that includes: former employers/clients; work history; and educational qualifications and competency certificates. 3.2.4 Corporate history Identify all associated companies with which the Applicant has been involved in the past three years. (An associated company is one which has or had some or all of the same directors or shareholders/owners as the applicant.) Company name 14 Application Form and Guide for School Cleaning Panel Status ACN or ABN 3.2.5 Business management systems What business systems do you use, including electronic or other bookkeeping methods, and quality and information systems that generate reports to assist with contract management? 3.2.6 Professional and industry organisations Is the Applicant a member of any professional or industry association? Indicate yes no If so, provide the following details. Membership Category 3.2.7 Industry Association and membership Telephone Number Specialist skills List any specialist skills held by your staff e.g. steam cleaning carpets, high window cleaning and the qualifications they hold. Specialist Skill and Training/Qualification Held by If insufficient space, please attach a separate list. Please list the cleaning services you consider to be “specialist cleaning services”. Application Criteria 15 3.2.8 Working with Children Checks and Criminal Matters declaration All cleaning contractors and employees need to obtain an employee (not volunteer) Working with Children Check prior to commencing any work in schools. You can find more information about this at the Working With Children Check, Victoria webpage. Please attach a copy of your current Working with Children check(s). I understand that, if awarded a school cleaning contract, the Applicant will be responsible for ensuring that all nominated representatives and employees need to obtain a Working with Children Check as an employee (not volunteer) prior to commencing work at any Victorian government school. _________________________________________ Signature of Director / Proprietor _________________________________________ PRINT NAME You must complete the form below, signed by each shareholder and officer of the Company (e.g. directors, company secretary). We the undersigned are all the proprietors, shareholders and officers of the Applicant. Each of us declares for ourselves that we have no previous criminal convictions. We also each declare that we will ensure that no employee of our organisation who has a criminal record will work for the Applicant at or nearby to a school in respect of which our organisation holds the cleaning services contract without prior written permission from the Department and the relevant School Council. We understand that that a criminal record includes a criminal record in Australia or any other country and that any failure to comply with this criterion may result in permanent disqualification from the School Contract Cleaners Panel. __________________________ PRINT NAME _______________________ Signature ____________ Date __________________________ PRINT NAME _______________________ Signature ____________ Date __________________________ PRINT NAME _______________________ Signature ____________ Date If any proprietor, director, manager or company officer has a criminal conviction explain why, despite that conviction, you consider your Application should not be rejected. 16 Application Form and Guide for School Cleaning Panel Status 3.3 Compliance with industrial awards or instruments Applicants must demonstrate a commitment to meet or exceed the requirements of the Cleaning Services Award 2010. 3.3.1 Applicable instruments PROPRIETOR LABOUR APPLICANTS DO NOT NEED TO COMPLETE SECTION 3.3.1 The Cleaning Services Award 2010 (MA000022) came into effect on 1 January 2010. It replaces the Building Services (Victoria) Award 2003 as the benchmark for conditions of employment of employees who deliver cleaning services in Victorian government schools. Do you base pay rates and conditions for your employees on an industrial award? Indicate Which award? yes no ____________________________________________________ Are you party to another industrial instrument such as an enterprise bargaining agreement (certified by the Australian Industrial Relations Commission) or an Australian Workplace Agreement? Indicate yes no If yes, please attach a copy of that industrial instrument (eg the relevant certified agreement or a pro-forma copy of the Australian Workplace Agreement used as a standard). 3.3.2 Employee details PROPRIETOR LABOUR APPLICANTS DO NOT NEED TO COMPLETE SECTION 3.3.2 Provide the following details about your employees in Victoria as at the date of your Application. Number of full-time employees Number of part-time employees Number of casual employees as at date of Application Number of staff for whom you pay superannuation Are long service leave entitlements and contributions up to date? Applicants must demonstrate that they maintain their employee records in compliance with parts 9A and 9B of the Workplace Relations Regulations. EITHER Attach a statement from an ASIC registered accountant stating the following: “We confirm that in respect of the 12 months to (insert date) we have considered the applicant’s employee records subject to the Workplace Relations Regulations 2006. We are satisfied that the applicant has kept those records for each of its employees in accordance with the requirements of those Regulations.” Application Criteria 17 OR Provide the following information with respect to each of your Victorian employees as at the date of your Application: employee number; employee gender; employee and age, rounded to nearest five years; name of industrial award or other industrial instrument as described in Section 3.3.1 award classification of employee; employment status (full-time, part-time or casual); employment commencement date; annual leave balance; and long service leave taken to date. 3.3.3 Superannuation PROPRIETOR LABOUR APPLICANTS DO NOT NEED TO COMPLETE SECTION 3.3.3 Applicants must demonstrate that they keep records, according to the terms of the Workplace Relations Regulations 2006 of superannuation contributions made by them for the benefit of their employees. These records shall include the amount of the contributions made; when and the period over which the contributions are made; the name of the fund or funds to which the contributions were made; and the basis on which the employer became liable to make the contributions. Employers must also keep a record of (i) an employee’s election of fund to which contributions are to be made, (ii) the date of such election (iii) and the name of the person who made each relevant election. EITHER Attach a statement from an Australian Securities and Investment Commission (ASIC) approved accountant stating: “We confirm that in respect of the 12 months to (insert date) we have considered the employee records required to be kept by the Workplace Relations Regulations 2006 relating to superannuation. We are satisfied that the Applicant has kept those records for each of its employees in accordance with the requirements of those regulations and furthermore we are satisfied that the Applicant has paid the correct amount of superannuation in respect of each of those employees”. OR Attach copies of the superannuation records for each of your employees in Victoria as at the date of your Application. 18 Application Form and Guide for School Cleaning Panel Status 3.3.4 Compliance with industrial minimums PROPRIETOR LABOUR APPLICANTS DO NOT NEED TO COMPLETE SECTION 3.3.4 Applicants must provide evidence of their compliance with minimum terms and conditions of employment provided by industrial awards and industrial law. EITHER Attach a statement from an ASIC approved accountant stating the following: “We confirm that in respect of the 12 months to (insert date) we have considered the relevant award or other industrial instrument; industrial legislation; and payslips for one employee of the Applicant at each of the cleaning contracts currently held by the applicant. We are satisfied that those documents show compliance by the applicant with minimum terms and conditions of employment provided by the relevant award and industrial legislation. Furthermore, we have conducted the same comparison in respect of the period of 12 months to (insert date) in respect of 10% of the Applicant’s total number of Victorian employees, and confirm that we are satisfied that they received payment in accordance with the relevant award and industrial legislation.” OR For a period of 52 weeks up to one month prior to the date of your Application, attach: a copy of pay slips for all employees, if your workforce is below 20 people; or a copy of pay slips for ten percent of your total workforce, if you have more than 20 employees. 3.3.5 Industrial history Applicants must declare any proceedings arising from industrial, employment or workplace law that have been brought against the applicant in any Court, Tribunal or Commission, in particular: breach of an award or agreement; unfair dismissal; any complaint under anti-discrimination legislation other than section 99 of the Workplace Relations Act; or any matter relating to the certification of an agreement. EITHER Attach a statement with respect to any proceedings described above and include the following details: name of proceeding; date; court, tribunal or commission; case number; and outcome. Application Criteria 19 OR Sign the following declaration: No proceedings arising from industrial, employment or workplace law have been brought against the Applicant in any court, tribunal or commission for: breach of an award or agreement; unfair dismissal; any complaint under anti-discrimination legislation; or any matter relating to the certification of an agreement. _________________________________________ Signature of Director / Proprietor _______________________________ PRINT 3.3.6 NAME Processes for resolving grievances PROPRIETOR LABOUR APPLICANTS DO NOT NEED TO COMPLETE SECTION 3.3.6 List three possible industrial grievance issues you have faced or may face, and describe the processes you have in place for resolving such a grievance? Grievance 1 Resolution process Grievance 2 Resolution process Grievance 3 Resolution process 20 Application Form and Guide for School Cleaning Panel Status 3.3.7 Past directorships In the past three years, have you or any of the Applicant’s directors controlled any cleaning companies, either by directorship, ownership or managerial responsibility? Indicate yes no If yes, please list those cleaning companies and explain or attach evidence to demonstrate that these companies had a sound industrial record. 3.4 Ability to effectively manage contractual commitments Applicants must demonstrate financial viability, commercial standing and sound quality assurance processes. 3.4.1 Financial history All Applicants must confirm that they have no adverse financial history by signing the following declaration. I declare that none of the Applicant’s Directors and the three next most senior managers at the time of Application: are or have been bankrupt; have been involved in a business where, the employees were not paid out their entitlements upon termination by the employer; or have been involved in a company that has been placed in administration. _______________________________ Signature of Director / Proprietor _______________________________ PRINT NAME Application Criteria 21 3.4.2 Insurances Please complete the following table with details of your Public Liability and Workcover/Personal Sickness and Accident insurance. Note: All Applicants are required to hold public liability insurance worth $10 million and WorkCover or Personal Sickness and Accident Insurance (if a sole trader or Proprietor Labour). A copy of each certificate of currency must be attached to this Application. Insurer details / Coverage Public liability insurance $10 million WorkCover / Personal sickness and accident insurance Insurer Broker's telephone number if relevant Amount of current cover Policy number Expiry date 3.4.3 Current and former cleaning contracts Provide details of concurrent cleaning contracts held at any time in the past five years, and an indicative floor area (square metres) for each contract. Client/contract name & location 22 Floor area (m2) Start date Application Form and Guide for School Cleaning Panel Status End date 3.4.4 Quality assurance EITHER If you have more than 100 employees in Australia, provide details about your quality assurance practices including: quality systems, or partial quality systems, based on ISO standards that are capable of being audited by an accredited certifying body; and professional qualifications relevant to the task. OR Sign the following statement: The Applicant has fewer than 100 employees and does not have formal quality assurance processes. _________________________________________ Signature of Director / Proprietor _________________________________________ PRINT NAME 3.5 Ability to provide client focussed services Applicants must demonstrate a proven ability to provide client-focussed services. 3.5.1 Referees Provide contact details for three referees – employers or clients for three of your largest, current cleaning contracts in Victoria that have been in place for more than 12 months. If you have held no previous contracts in Victoria, provide details of cleaning contracts interstate. If you have no previous experience in cleaning, provide details for two previous employers. Referees name Title/Position Company Name Contract date (start/finish) Telephone number Application Criteria 23 Referees name Title/Position Company Name Contract date (start/finish) Telephone number Referees name Title/Position Company Name Contract date (start/finish) Telephone number 3.5.2 Contract cancellations If you have been party to a cleaning contract that either you or the other party cancelled or terminated in the past five years, provide details as per table below. Contract name Date of cancellation Reason for cancellation or termination Contract name Date of cancellation Reason for cancellation or termination Contract name Date of cancellation Reason for cancellation or termination Contract name Date of cancellation Reason for cancellation or termination 24 Application Form and Guide for School Cleaning Panel Status 3.5.3 Conflict of interest Applicants must disclose any conflict of interest in relation to their Applications. (Conflict of interest means a situation where the Applicant has a personal or family relationship, an actual or potential business relationship or interest with another party, one of which could corrupt the motivation). If applicable, please disclose below any conflict of interest. OR Sign the following statement to certify that no conflict of interest is applicable to this Application: The Applicant, its Children, Spouse and other related people has no conflict of interest in the Application for panel status. _________________________________________ Signature of Director / Proprietor _________________________________________ PRINT NAME Application Criteria 25 4 Applicant’s Statutory Declaration I ……………………………………………………………………………….…….. of [insert full name] ……………………………………………………………………………………………… [address] ……………………………………………………………………………………………… [occupation] apply to the Department of Education and Training to be admitted to the School Contract Cleaners Panel and thereby to become eligible to provide cleaning services to Victorian government schools. I acknowledge that this declaration is true and correct, and I make it with the understanding and belief that a person who makes a false declaration is liable to the penalties of perjury. Signature of Applicant PRINT NAME Date: Declared at ………………………………………………………………………… this ……. day of ….……………….20…….. BEFORE ME ……………………………………………... Signature of Authorised Witness ……………………………………. PRINT NAME ………………………………………………………………………………………………. PRINT Status or qualification of Authorised Witness taking declaration. The authorised witness must print or stamp his or her name, address and title under section 107A of the Evidence (Miscellaneous Provisions) Act 1958 (Vic) (eg. Justice of the Peace, Pharmacist, Police Officer, Court Registrar, Bank Manager, Medical Practitioner, Dentist) 26 Application Form and Guide for School Cleaning Panel Status 5 Supporting documents 5.1 Department Panel Agreement The Applicant has read and signed TWO original copies of the Department of Education and Training’s Cleaning Panel Agreement and has attached those originals to this Application. _________________________________________ Signature of Director / Proprietor _________________________________________ PRINT NAME 5.2 List of Attachments Please provide a list of all attachments that accompany this Application. Please ensure that all attachments are clearly labelled with the Section they refer to. Please sign all attachments. Attachment Details 5.1 2 copies of Department Cleaning Panel Agreement Supporting documents 27