The Government Procurement (Secure Local Jobs) Amendment Bill 2018 has now passed and comes into force for all new government tenders for construction work, security, cleaning and traffic management services from 15 January 2019.
The ACT Government has now updated the Procurement website with information about the Secure Local Jobs Code and we encourage you to read the recently uploaded documents. The Secure Local Jobs Registrar, Andrew Parkinson, and the Secure Local Jobs team attended the MBA at the end of 2018 and provided further information about the Code to our members. A copy of the presentation can be accessed here.
Master Builders ACT has also produced a Member Guide which can be accessed here.
Previous drafts of the Secure Local Jobs Code contained numerous conflicts with the Fair Work Act 2009 (Cth) and the Code for the Tendering and Performance of Building Work 2016 (2016 Building Code). Master Builders ACT made extensive submissions about these conflicts and the negative impact it would have on small businesses in the ACT if they had to choose between tendering and performing work for the ACT and Commonwealth Government. The MBA is pleased that the majority of the conflicts and inconsistencies have been removed, although the potential still remains.
If you perform Commonwealth government work, you should speak with your auditor about applying for an exemption, in particular for clause 14(2) of the Secure Local Jobs Code as this is inconsistent with the Freedom of Association requirements contained in the 2016 Building Code.
If you have any questions about the Secure Local Jobs Code and obtaining a certificate, we encourage you to contact your auditor, the ACT Procurement Team, or the MBA