The Fair Jobs Code
The Victorian Fair Jobs Code allows the Victorian Government to use its purchasing power to promote secure employment and fair labour standards and to ensure compliance with employment, workplace and industrial laws. It does this by recognising suppliers and businesses applying for Victorian Government contracts or significant business expansion grants who provide fair and safe workplaces.
When entering into high value contracts or grants, suppliers and businesses are encouraged to create workplaces that are:
- fair
- safe
- secure
- cooperative
- inclusive.
The Fair Jobs Code:
- promotes fair labour standards
- encourages compliance with:
- employment
- industrial relations
- workplace health and safety obligations
- promotes secure employment and job security
- fosters cooperative and constructive relationships between employers, employees and their representatives
- promotes workplace equity and diversity
- encourages supply chain companies to follow similar employment standards.
For more information, visit:
Who does the code apply to?
The Fair Jobs Code applies to all Victorian Government departments and agencies issuing threshold procurement contracts or issuing significant business expansion grants to:
- suppliers bidding for goods, services, and construction procurement worth $1 million or more (exclusive of GST)
- subcontractors engaged under a subcontract directly with a supplier for a threshold or high value procurement contract, where the value of that subcontract is $1 million or more (exclusive of GST)
- businesses applying for significant business expansion grants of $500,000 or more (exclusive of GST), and where the key milestones under the grant agreement specifies that the business will direct the funding towards direct employment costs of the business and will, as a result of the funding increase the number of employees engaged by the business (significant business expansion grants). This includes competitive grants delivered through grants programs, direct allocation grants and negotiated grants.
How do suppliers and businesses comply with the code?
The code came into effect on 1 December 2022 for all tender processes (and subsequent procurement contracts) and grant applications (and subsequent grants) released to the market or the public. Revisions to the code will become operative on 1 September 2024.
A pre-assessment certificate is an eligibility pre-condition for all suppliers and businesses seeking to be considered for threshold procurement contracts or high value procurement contracts, and significant business expansion grants.
A pre-assessment certificate is issued to suppliers and businesses with a history of complying with existing:
- industrial relations laws
- workplace health and safety laws.
The Fair Jobs Code register lists suppliers holding a pre-assessment certificate.
Some suppliers and businesses will also need to provide a Fair Jobs Code plan as part of the procurement or grant process.
The FJC plan addresses IR and OHS standards as required by the code:
Standard 1: Comply with all applicable employment, industrial relations and workplace health and safety obligations.
Standard 2: Promote secure employment and job security.
Standard 3: Foster cooperative and constructive relationships between employers, employees and their representatives.
Standard 4: Foster workplace equity and diversity.
Standard 5: Promote supply chain compliance.
What is required by agencies?
Agencies are required to:
- consider whether the procurement or grant can be insourced
- incorporate Fair Jobs Code model clauses into tender documents and contracts or grant processes
- evaluate how suppliers and businesses meet Fair Jobs Code requirements in tenders and grant invitations
- incorporate Fair JObs Code model clauses in procurement contracts
- monitor how suppliers and businesses perform as part of contract management activities
- attest annual compliance to implementing the Fair Jobs Code.
For more information, visit:
- Procurement and Fair Jobs Code – what is required by agencies
- Grants and Fair Jobs Code – what is required by agencies
Complaints about suppliers and businesses
Complaints can be made if a supplier or business does not comply with the Fair Jobs Code.
Visit How to make a complaint about a supplier or business for:
- who can submit a complaint
- how to submit a complaint
- how a complaint is handled.
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