The Fair Jobs Code
The Fair Jobs Code demonstrates the Victorian Government's commitment to ensuring that suppliers and businesses treat workers fairly. The code applies to:
- threshold procurement contracts
- high value procurement contracts
- businesses applying for significant business expansion grants.
The code uses a pre-assessment certificate to assess suppliers' and businesses' conduct and how they have complied with:
- employment obligations
- industrial relations obligations
- workplace health and safety obligations.
A pre-assessment certificate verifies a supplier or business compliance with laws covering:
- industrial relations
- occupational health and safety.
A pre-assessment certificate considers conduct and compliance from the previous 3 years.
Purpose of the code
The code is to promote fair labour standards and:
- encourages compliance with:
- employment
- industrial relations
- workplace health and safety obligations
- promote secure employment and job security
- foster cooperative and constructive relationships between employers, employees and their representatives
- promote workplace equity and diversity
- encourage supply chain companies to follow similar employment standards.
See section 1 of the Fair Jobs Code for more information.
Standards of conduct required by the code
The code sets the following standards of conduct:
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
Suppliers and businesses are required to:
- meet Standard 1 to be eligible for a pre-assessment certificate.
- address Standards 2 - 5 in their Fair Jobs Code plan.
See section 6 of the Fair Jobs Code for more information.
When does the code start?
The code came into operation on 1 December 2022 and revisions to the code will become operative on 1 September 2024.
For all Standing Offer Arrangements (including State Purchase Contracts and Sole Entity Purchase Contracts), the code will apply from the date that the Standing Offer Arrangement commences, is updated, or reissued to refer to this.
When does the code not apply
Procurement contracts
An agency may enter into a contract or grant with a supplier that does not hold a pre-assessment certificate:
- for emergency goods, services or works to protect essential security interests, or avoid the loss of critical services or prevent critical services from being disrupted
- for goods, services or works required to prevent an imminent risk to health and safety or to avoid life-threatening situations
- if the Minister for Jobs and Industry is satisfied that:
- the procurement is critical to the State's interest
- there is no other supplier that holds a pre-assessment certificate considered suitable to meet the requirements of the procurement.
Grants
An agency may provide a significant business expansion grant to a business that does not have a pre-assessment certificate when the grant is for a project or activity, or in support of a policy that contributes to the State's economic interests.
Essential services
The code does not apply to public entities providing goods, services or works for essential services related to the supply of
- electricity
- natural gas
- water
- wastewater
- telecommunications.
See section 4 of the Fair Jobs Code for more information.
Pre-assessment certificates
Apply for a pre-assessment certificate
If a suppliers or businesses falls into one or more of the categories described below, they should apply for a pre-assessment certificate:
- a supplier of goods, services or works, including a provider of construction works, who is intending to bid for threshold procurement contracts.
- a subcontractor, engaged by a supplier in relation to a threshold or high value procurement contract, where the value of the subcontract is worth $1 million or more.
- a business intending to apply for a government grant:
- if the Victorian Government component of the grant is worth $500,000 or more, and
- if the terms of the grant specify that the recipient business must direct the funding provided in the grant towards direct employment costs of the business to increase the number of staff employed.
The code applies to universities and their subsidiaries, who are defined as suppliers under the code.
Read Fair Jobs Code pre-assessment certificate - guidelines for suppliers and businesses.
Applications may take up to 30 business days to be assessed.
Register of pre-assessment certificates
A register of suppliers and businesses holding a pre-assessment certificate is available.
Access the register of pre-assessment certificates.
Renew a pre-assessment certificate
A pre-assessment certificate is valid for 2 years from the date of issue.
Suppliers and businesses do not need to apply for a new certificate with each procurement or grant.
Allow time for an application to be renewed and assessed. Renewals may take up to 30 business days to be assessed.
Follow the steps at Apply for a Fair Jobs Code pre-assessment certificate to renew a certificate.
See section 17 of the Fair Jobs Code pre-assessment certificate guidelines for more information.
Notify change in circumstances
It is the duty of suppliers and businesses to notify any changed circumstances or when they believe they have breached the code. Suppliers and businesses must notify the Fair Jobs Code Unit if the following is made against the supplier or business:
- adverse ruling
- enforceable undertaking.
To notify a breach of the code or a ruling made against a supplier or business:
- access the Fair Jobs Code Portal
- click on Report Compliance Issues
- enter details of the breach, ruling or notice.
The Fair Jobs Code Unit will:
- review the notice
- advised an outcome within 30 business days.
To advise changes of circumstances not related to a breach, contact the Fair Jobs Code Unit.
See section 12 of the Fair Jobs Code pre-assessment certificate guidelines for more information.
Pre-assessment certificate may be revoked
The Fair Jobs Code Unit may revoke a pre-assessment certificate if it considers that a supplier or business no longer meets the assessment criteria.
See section 18 of the Fair Jobs Code pre-assessment certificate guidelines for more information.
Decisions of the Fair Jobs Code Unit may be reviewed
Decisions of the Fair Jobs Code Unit may be reviewed.
See section 19 of the Fair Jobs Code pre-assessment certificate guidelines for more information.
Fair Jobs Code plan
Suppliers and businesses must prepare a Fair Jobs Code plan when:
- tendering for procurements (including goods, services or works, including construction works and services) where the contract value is $20 million or more (exclusive of GST)
- applying for significant business expansion grants with a value 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).
There are two types of Fair Jobs Code plan:
- Fair Jobs Code plan – used by suppliers and businesses for:
- goods and services procurement
- grants
- Fair Jobs Code plan addendum– used by suppliers for construction projects
Read the Fair Jobs Code plan - guidelines for suppliers and businesses.
Complaints under the code
Complaints against suppliers and businesses under the code
A complaint may be made if a supplier or business holding a pre-assessment certificate has failed to comply with the code.
People eligible to make a complaint include:
- a worker or former worker employed or engaged by the supplier or business
- a regulator or decision-maker who has made an adverse finding relating to the supplier or business
- a party to any dispute which resulted in an adverse finding relating to the supplier or business
- an agency that has engaged with the supplier or business in the past 3 years.
To make a complaint, use the Fair Jobs Code complaints form
See section 21 of the Fair Jobs Code pre-assessment certificate guidelines for more information.
General complaints
General complaints about an action or service provided by the Fair Jobs Code Unit can be made by using the Department of Jobs, Skills, Industry and Regions – Complaints form.
How the code relates to laws
If there is a conflict between the code and any Commonwealth or State laws, those laws prevail.
See section 22 of the Fair Jobs Code pre-assessment certificate guidelines for more information.
How the code is governed
The Fair Jobs Code Unit is responsible for the administration of the code.
Agencies must:
- incorporate the requirements of the code into procurement and grant documentation and contracts
- monitor suppliers' and businesses' performance under the code
- support the Fair Jobs Code Unit.
The Minister for Jobs and Industry is responsible for the oversight and delivery of the code.
The Local Jobs First Commissioner will support the Minister for Jobs and Industry through engaging with Victorian Government agencies and industry to educate, promote and facilitate compliance with the code.
See section 23 of the Fair Jobs Code pre-assessment certificate guidelines for more information.
Tools and support
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