Industrial Relations Management Plan - PDF

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					                                                              ATTACHMENT E
Construction Supplier Register
Industrial Relations (IR) Management Criteria
Guidance Note



1   INTRODUCTION

    The construction industry is a major contributor to the Australian economy. The
    Victorian Government is supporting this key industry in becoming more forward-
    looking, innovative and internationally competitive. The keys to success are an
    improved workplace and management culture, better employer and employee
    relationships, and improved industrial relations planning and management at both the
    enterprise level and on projects.

    Relevant federal and state legislation includes:
         Workplace Relations Act 1996 (Clth)
         Construction Industry Long Service Leave Act 1997 (Vic.)
         Dangerous Goods Act 1985
         Equipment (Public Safety) Act 1994
         Federal Awards (Uniform System) Act 2003
         Long Service Leave Act 1992
         Occupational Health and Safety Act 2004
         Outworkers (Improved Protection) Act 2003

    Government encourages the industry to adopt a strategic approach to the management
    of industrial relations at the enterprise level, and to integrate industrial relations
    management activity into project planning and management.

    The Victorian Government Code of Practice for the Construction Industry defines the
    minimum levels of acceptable industrial relations behaviour, and emphasises the need
    to develop an industry culture committed to improving and achieving high standards in
    industrial relations management.


2   INDUSTRIAL RELATIONS MANAGEMENT CRITERIA

    2.1 Policy Statement that addresses:

             Senior management support;
             Enterprise goals for industrial and employee relations;
             Responsible personnel for managing industrial and employee relations;
             Communications processes;
             Subcontractor compliance.

        The policy statement should contain objectives or goals relating to industrial and
        employee relations. Communication processes and sub-contractor assessment
        measures should be described (for example meetings, consultative committees,
        bulletins). A copy of the company industrial relations policy, signed by the CEO,
        Directors, or Partners (as appropriate). The contact person should be able to
        discuss and clarify the industrial relations policy.




Construction Supplier Register                                   Issued: 1 February 2010
                                                              ATTACHMENT E
Construction Supplier Register
Industrial Relations (IR) Management Criteria
Guidance Note

    2.1 Identification of legal and other industrial relations and employment
        obligations such as:

             Awards;
             Enterprise, workplace or other enforceable agreements;
             Federal or Victorian legislation;
             Project agreement (where applicable).

    2.2 Relevant industrial instruments should be documented and may include one
        or more of the following awards and agreements (the list is not exhaustive):

        2.2.1 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.

        2.2.2 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

        2.2.3 CFMEU Construction & General Division:
                National Building and Construction Industry Award 1990
                Company specific - CFMEU Pattern Enterprise Agreement 1999 – 2002

        2.2.4 CFMEU FEDFA Division:
                National Building and Construction Industry Award 1990
                Mobile Crane Hiring Award 1996

        2.2.5 CEPU ETU Division:
                National Electrical, Electronic and Communications Contracting Industry
                Award 1998
                Company specific - Electrical Contracting Enterprise Agreement 2000 -
                2003

        2.2.6 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




Construction Supplier Register                                   Issued: 1 February 2010
                                                                              ATTACHMENT E
Construction Supplier Register
Industrial Relations (IR) Management Criteria
Guidance Note

        2.2.7 AFMEPKIU Metals Division:
                    Metal Engineering and Associated Industries Award 1998 Part 1

        2.2.8 AFMEPKIU Technical & Supervisory Division:
                    Metal Engineering and Associated Industries Award 1998 Part 2

               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.

    2.3 Management plans that address:

        2.3.1 Industrial issues relevant to the enterprise;

        2.3.2 Actions to be taken for specific events such as:
              (i) Grievance disputes;
              (ii) Inclement weather;
              (iii) Threatened or actual industrial action;
              (iv) Unforeseen 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.

    2.4 Compliance over preceding 24 months in following areas:

        2.4.1 Remuneration to employees;
        2.4.2 Annual leave;
        2.4.3 Long service leave payment scheme registration;
        2.4.4 Workers Compensation insurance;
        2.4.5 Superannuation fund membership;
        2.4.6 Other lawful payments.

     Signing the Attachment D Part 1 Declaration is evidence of verification of compliance with all
     items. If the business has not complied with any or all of the items then a signed declaration or
     statement must be provided detailing:
         any findings against the tendering entity by a court, tribunal, commission or board of a breach of an
         applicable industrial instrument, including a finding of a breach in a non-confidential consent order, in
         the preceding 24 months and any convictions under legislation in the preceding 24 months:
         any convictions in the preceding 24 months;
         any current prosecutions or proceedings: and
         remedial measures implemented to ensure future compliance




Construction Supplier Register                                                    Issued: 1 February 2010
                                                               ATTACHMENT E
Construction Supplier Register
Industrial Relations (IR) Management Criteria
Guidance Note

        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.

        Remedial measures should indicate how the business has amended, or plans
        to amend, its practices to address the problem that was the subject of the
        past or current actions listed.

    2.5 Sub-contractors relationships that address:

        2.5.1 Selection methods that test compliance with industrial relations laws; and
              employment obligations;
        2.5.2 Management of sub-contractors;
        2.5.3 Ongoing sub-contractor compliance.

        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.

        Contractors should be familiar with the Victorian Government’s industrial relations
        management policy as outlined in the Victorian Code of Practice for the Building
        and Construction Industry.




Construction Supplier Register                                    Issued: 1 February 2010

				
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