Part 2 Industrial relations self assessment checklist

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Construction Supplier Register
Attachment D – Industrial relations self-assessment
checklist
Issued: 1 February 2002
1.
Instructions
This Industrial Relations management self-assessment checklist has two parts:
Part 1
The declaration; and
Part 2
The self-assessment checklist and related guidance
Applicants must complete both parts to be considered for pre-qualification with the
Construction Supplier Register.
The industrial relations management self-assessment checklist has been developed to assist
in examining the key elements of industrial relations management practiced by contractors
seeking to work on Victorian Government funded construction projects.
The industrial relations management self-assessment checklist will help contractors to
confirm that they have satisfactorily addressed all of the key industrial relations
management elements required by the Victorian Government.
The Construction Supplier Register may seek assistance from Industrial Relations Victoria
(Department of State and Regional Development) when considering an applicant’s response
to this checklist.
Part 1 Industrial relations checklist declaration
This checklist has been completed for
(insert name of company):
Comments:
(Include any comments here in support of
your Industrial Relations self-assessment)
By (person’s name):
Position:
Phone:
(Office)
(Mobile)
Signature:
Date:
/
/
Construction Supplier Register
Attachment D – Industrial relations self-assessment checklist, Issued: 1 February 2002
1
Part 2 Industrial relations self assessment checklist
This checklist must be completed and submitted by contractors applying for
pre-qualification with the Construction Supplier Register [CSR].
Contractors that do not assess themselves as complying, in accordance with the instructions
below will be considered as not having met the criteria standard. The contractor’s
compliance with the Industrial Relations criteria may be subject to further assessment by
the Construction Supplier Register.
Instructions
 Place a tick in the box to the left of each item if you can provide, on request,
documentary evidence of compliance.
 Leave the box empty if you cannot provide, on request, documentary evidence of
compliance. Any box not completed will be deemed to be “cannot provide.
Note: Before you place a tick in the box you should be aware that the Construction Supplier
Register may request documentary evidence to substantiate the contractor’s assessment.
1. Industrial relations policy statement
Guide
Do you have a policy statement on industrial
relations management which:
 has chief executive officer/senior
management support?
 sets enterprise goals for industrial and
employee relations?
 identifies responsible personnel for managing
industrial and employee relations, and
provides contact details?
 outlines communication processes with
workers, unions, other contractors, and
subcontractors?
 outlines measures for assessing
subcontractors’ compliance with industrial
relations and employment obligations?
 A copy of the company industrial relations
policy, signed by the CEO, Directors, or
Partners (as appropriate)
 The policy statement should contain
objectives or goals relating to industrial and
employee relations.
 The contact person should be able to discuss
and clarify the industrial relations policy.
 Communication processes and sub-contractor
assessment measures should be described
(for example meetings, consultative
committees, bulletins)
2. Industrial relations obligations
Do you have a statement of your legal and other
obligations relating to industrial relations and
employment, including the names and details of
applicable:
 awards?
 enterprise, workplace or other enforceable
agreements?
– applicable
– not applicable
– proposed
 Federal or Victorian legislation?
 project agreement
– applicable
– not applicable
– proposed
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Construction Supplier Register
Attachment D – Industrial relations self-assessment checklist, Issued: 1 February 2002
 Relevant industrial instruments should be
documented.
 A list of relevant legislation and examples of
awards and agreements is appended. This list
is not exhaustive
 Please indicate your situation with respect to
project agreements. Most projects will not
have a project agreement.
If you consider a project agreement might be
appropriate for a project you are tendering for,
please tick the relevant box, and, if necessary
include a comment.
3. Industrial relations management and responses
Do you have an Industrial Relations
Management plan that:
 identifies the industrial relations issues that
are relevant to your enterprise?
 details the actions that you will take in the
event of incidents such as:
– grievance disputes
– inclement weather, site issues threatened
or actual industrial action?
– other unforseen 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
4. Compliance
Can you provide a signed declaration or
statement verifying compliance in the preceding
twelve months with all employment and legal
obligations including:
 payment of remuneration to employees
including the location of time and wage
records?
 annual leave?
 Long Service Payment Scheme registration?
 workers’ compensation insurance?
 superannuation fund membership and
contributions?
 over-award payments (eg. Redundancy fund
contributions)?
 A signed statement may be required that
states compliance with each item.
 You may be asked for evidence of registration
with the long service leave scheme (CoInvest),
superannuation scheme (eg C+BUS), and
other payments (eg Incolink for redundancy
purposes) which are part of the award or
relevant enterprise agreement.
5. Subcontractors
Do you have a procedure that provides an
outline of:
 the measures that you will take to select
subcontractors who comply with industrial
relations laws and employment obligations?
 how your dealings with subcontractors and
other contractors are to be managed?
 how you will monitor and assess ongoing
subcontractor compliance with industrial
relations requirements?
 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.
Assessment notes:
The contractor may be required to provide the Construction Supplier Register with copies of
industrial relations documents and supporting evidence to assist such further assessment.
The Construction Supplier Register may consult Industrial Relations Victoria in determining
the contractor’s compliance.
The following list is a guide to relevant federal and state legislation, and awards and
agreements of the Australian Industrial Relations Commission (AIRC), and general industrial
instruments. It is not exhaustive, and other industrial relations instruments or
arrangements may apply in accordance with relevant law.
Construction Supplier Register
Attachment D – Industrial relations self-assessment checklist, Issued: 1 February 2002
3
Legislation
 Workplace Relations Act 1996 (Commonwealth Legislation)
 Construction Industry Long Service Leave Act 1997 (Victorian State Government
Legislation)
Awards and Agreements
The following awards, agreements and industrial instruments may apply in the building and
civil construction industry in Victoria:
General
 Victorian Building Industry Agreement (VBIA)
Company specific awards
 company specific certified agreements or industrial instruments
 National Metal and Engineering On-site Construction Industry Award 1989
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
CFMEU Construction & General Division
 National Building and Construction Industry Award 1990
 Company specific – CFMEU Pattern Enterprise Agreement 1999–2002
 Victorian Building Industry Agreement (VBIA) 1
CFMEU FEDFA Division
 National Building and Construction Industry Award 1990
 Mobile Crane Hiring Award 1996
 Victorian Building Industry Agreement (VBIA) 1
CEPU ETU Division
 National Electrical, Electronic and Communications Contracting Industry Award 1998
 Company specific – Electrical Contracting Enterprise 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
Attachment D – Industrial relations self-assessment checklist, Issued: 1 February 2002
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
 Victorian Building Industry Agreement (VBIA) 1
AFMEPKIU Metals Division
 Metal Engineering and Associated Industries Award 1998 Part 1
AFMEPKIU Technical & Supervisory Division
 Metal Engineering and Associated Industries Award 1998 Part 2
Construction Supplier Register
Attachment D – Industrial relations self-assessment checklist, Issued: 1 February 2002
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www.dtf.vic.gov.au
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Construction Supplier Register
Attachment D – Industrial relations self-assessment checklist, Issued: 1 February 2002
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