The Commonwealth Government recently announced that only contractors who meet the Fair Work Principles will be awarded Commonwealth tenders. It will now be a requirement of all suppliers submitting tenders to the Commonwealth Government to provide information on how they comply with the Fair Work Principles.

Typically this will involve:

  • ensuring compliance with the Fair Work Act 2009 and providing information to demonstrate compliance with awards, industrial agreements and laws; annual and long service leave entitlements; capacity to meet worker entitlements including superannuation contributions; and compliance with occupational health and workers compensation laws
  • ensuring that the tenderer’s sub-contractors comply with relevant laws
  • respecting freedom of association and the right of the employees to representation
  • affirming that any breach of an industrial, occupational health or workers compensation law will also form a breach of these principles
  • providing undertakings that there have not been any adverse judgments for a breach of industrial, occupational health or workers compensation laws during the previous two years and that there are not any outstanding claims
  • the inclusion of a dispute resolution mechanism for operation in the event of a workplace dispute.

Entities considering submissions for Commonwealth Government tenders should ensure they address and provide information in relation to the criteria outlined above, commence collation of materials and information required, identify any non-conformances and undertake necessary remedial action.