From 1 July 2024, non-compliance will be managed using a staged approach. The staged approach to non-compliance will apply to contracts executed on or after 1 July 2024. See, Building Equality Policy: Staged approach to non-compliance.
Documents required for tender submission
The Building Equality Policy requires tenderers to complete and submit the following documents (using the prescribed templates) as part of the tender process:
- Organisation Wide Gender Equality Action Plan
- Project Specific Gender Equality Action Plan
Who completes these documents?
These documents are to be completed by the contracting party or parties responsible for the building and construction works outlined in the tender.
Where two or more construction companies tender for work together to complete the construction works (for example in a Joint Venture), all companies are required to complete the Gender Equality Action Plan documents.
Where a whole of life procurement model is used, only the party or parties responsible for delivering the construction works are required to complete the Gender Equality Action Plan documents. They do not apply to non-construction partners, such as facilities management service providers or financiers.
Where there is a consortium involving suppliers of construction works and construction services, the parties responsible for delivering the construction works are required to complete the Gender Equality Action Plan documents.
Requirements for sub-contractors
Sub-contractors are not required to complete or contribute to the development of the Organisation Wide Gender Equality Action Plan or Project Specific Gender Equality Action Plan.
Step 1: Complete the Organisation Wide Gender Equality Action Plan
Gather data for each of the workplace gender equality indicators
The Organisation Wide Gender Equality Action Plan requires organisations to gather data for each of the indicators and implement strategies to address gender inequality within the organisation.
The indicators align with the Gender Equality Act 2020. They are:
- Gender pay equity
- Gender composition of the workforce
- Gender composition of governing bodies
- Workplace sexual harassment
- Recruitment and promotion
- Gendered workforce segregation
- Leave and flexibility
The data collected through this process will serve as a baseline for improving gender equality within an organisation during project delivery.
How to complete the plan
To complete the Organisation Wide Gender Equality Action Plan, tenderers must provide:
- all the data required under each of the indicators (i.e. both average base salary and remuneration for all employees for a man and woman, and a man and self-described)
- an analysis of the data gap (i.e. is there a gap between men and women, and men and self-described and, if so, what is causing the gap within your organisation?)
- a minimum of one strategy to address the gaps (i.e. what is the strategy and how will this directly impact the data, the timeframe, and measurement of success?)
Provide strategies to close the data gap
The strategies focus on improving gender equality and therefore reducing the gaps found in relation to each indicator. Strategies include:
- identifying what factors, processes or organisational cultural conditions are contributing to the gap
- implementing tangible and measurable actions to reduce the gap over time
If the tenderer is successful, progress will be monitored across each reporting period to evidence whether the gap is reducing or increasing.
When to submit this plan
The tenderer must submit the Organisation Wide Gender Equality Action Plan as part of the tender response.
The tenderer must use the prescribed template:
Organisation Wide Gender Equality Action Plan Template
Step 2: Complete the Project Specific Gender Equality Action Plan
During the tender stage, data is not required for the Project Specific Gender Equality Action Plan.
Tenderers must still provide an action plan to address gender inequality for each gender equality indicator during project delivery. This is to ensure the project has gender equality front of mind before the project commences.
Different strategies may apply at the project level compared to the organisational level. The gender pay gap of an organisation and a project may differ and require different strategies to eliminate or reduce the gap depending on the cause of the gap.
How to complete the plan
To complete the Project Specific Gender Equality Action Plan, tenderers must provide a minimum of one strategy to address the gaps (i.e. what is the strategy and how will this directly impact the data, the timeframe, and measurement of success?)
Assuming there will be a gap for gender pay equity on the project, what strategy will the project team implement to ensure the gap is eliminated or reduced? Tenderers should provide a timeframe and measure of success.
When to submit this plan
The tenderer must submit the Project Specific Gender Equality Action Plan as part of the tender response.
The tenderer must use the prescribed template:
Project Specific Gender Equality Action Plan Template
Key differences between the action plans
Differences between these plans are summarised in the following table:
| Subject | Organisation Wide Gender Equality Action Plan | Project Specific Gender Equality Action Plan |
| Coverage | Tenderers organisation | The specific project being tendered |
| Date required | Yes | No |
| Strategy required | Yes | Yes |
Reporting requirements
During project delivery, contractors must report on their progress against the Gender Equality Action Plans that were approved at the tender stage.
Staged approach to non-compliance
When the contract manager and contractor agree to a staged approach to non-compliance, the defined supporting actions will be monitored and reported through the Project Specific Gender Equality Action Plan. These should be added to the prescribed template.
Alternative Appropriate Obligations, monitoring and reporting must be in the format and at the frequency required in the relevant contract(s).
Agreement of Alternative Appropriate Obligations will not change reporting requirements unless there has been a variation to the original contract.
Reporting documents (templates)
The policy requires suppliers to report on progress against the activities outlined in the:
Reporting timeframe
Contractors must report on progress against the Organisation Wide Gender Equality Action Plan as per these timeframes, unless otherwise stated in the contract:
| Submission | Submission documents | Submission date |
| Contract award | Organisation Wide Gender Equality Action Plan | Every 12 months for the remainder of the project or in accordance with the contract |
| Practical completion | Organisation Wide Gender Equality Action Plan | Within 2 months after the date of practical completion |
Contractors must report on the Project Specific Gender Equality Action Plan according to these timeframes, unless otherwise stated in the contract:
| Submission | Submission documents | Submission date |
| Contract award | Project Specific Gender Equality Action Plan | Every 6 months (from project commencement) or in accordance with the contract. |
| Practical completion | Project Specific Gender Equality Action Plan | Within 2 months after the date of practical completion |
Other relevant obligations
There are workplace consultation obligations under both Commonwealth and Victorian legislation and industrial instruments.
Help and Support
For more information on responding to the Gender Equality Action Plans in a tender, contact Industrial Relations Victoria, Department of Treasury and Finance.
Access the Building Equality Policy: Staged Approach to Non-Compliance for more information.
Access the Building Equality Policy: Defined terms for more information.
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