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 2 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. 4 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 5 www.dtf.vic.gov.au 6 Construction Supplier Register Attachment D – Industrial relations self-assessment checklist, Issued: 1 February 2002