Fair Jobs Code

The Fair Jobs Code ensures suppliers and businesses benefiting from high value Victorian Government contracts and grants provide safe, secure and inclusive workplaces for their employees.

The code requires a pre-assessment certificate for:

• suppliers bidding for procurement contracts worth $1 million or more (exclusive of GST)
• subcontractors engaged, or to be engaged, under a subcontract directly with a supplier for a high value procurement contract, where the value of that subcontract is $1 million or more
• businesses applying for Victorian Government grants worth $500,000 or more (exclusive of GST) ) where the additional or retained jobs are milestones under the grant agreement. This includes competitive grants delivered through grant programs, direct allocation grants and negotiated grants.

Suppliers tendering for high value procurement contracts worth $20 million or more and businesses that enter into a business expansion grant agreement must also submit a Fair Jobs Code plan as part of the procurement or grant process.

Application for a Fair Jobs Code pre-assessment certificate is free of charge and takes about 30 minutes to complete.

The code reinforces existing policy and legislative requirements and provides a streamlined approach for assessing compliance with industrial relations and workplace health and safety law through the pre-assessment certificate process.

Further information for departments and agencies can be found on the Buying for Victoria website.

When does the Fair Jobs Code apply from?

Effective 1 December 2022, all Victorian Government departments and agencies must apply the code to applicable tender processes and grants. From 1 September 2024, a lower threshold of $1 million applies for pre-assessment certificate applications.

To explain how the code applies, view guidelines, templates and supporting information on the Fair Jobs Code: Buying for Victoria website.

Application for a pre-assessment certificate is made online at the Fair Jobs Code: pre-assessment certificate. Watch the short video to learn about the steps: How to apply for a pre-assessment certificate.

Pre-assessment certificates

A pre-assessment certificate determines if a supplier or business has a history of compliance with existing industrial relations and workplace health and safety laws as specified under the code.

A pre-assessment certificate is required for:

• suppliers seeking to be considered for a Victorian Government procurement contract (including goods, services and construction works or services) worth $1 million or more
• significant subcontractors engaged, or to be engaged, under a subcontract directly with a supplier for a high value procurement contract, where the value of that subcontract is $1 million or more
• businesses seeking to be considered for a Victorian Government grant worth $500,000 or more (exclusive of GST) where the  additional or retained jobs are milestones under the grant agreement. This includes competitive grants delivered through grant programs, direct allocation grants and negotiated grants.
• Pre-assessment certificates are valid for 2 years from the date of issue. Pre-assessment certificates are renewable.

Eligibility

Suppliers and businesses that hold an Australian Business Number (ABN) can apply for a pre-assessment certificate.

Applications for a pre-assessment certificate can be made at any time. You do not need to have a specific tender or grant application in progress to apply.

How do I apply for a pre-assessment certificate?

Applications for Fair Jobs Code pre-assessment certificate are open. Apply for a pre-assessment certificate

From 1 December 2022, applicable Victorian Government procurement and grants are awarded to only suppliers and businesses holding a pre-assessment certificate.

Pre-assessment certificates are issued by the Fair Jobs Code unit within the Department of Jobs, Skills, Industry and Regions.

For further information please email fairjobscode@ecodev.vic.gov.au.

Assessing pre-assessment certificate applications

The Fair Jobs Code unit assesses applications and issues pre-assessment certificates.

Assessments will consider all information provided by the supplier or business. A due diligence check of the applicant's compliance with applicable employment, industrial relations and workplace health and safety laws, and regulations is undertaken.

Applicants receive an email confirming receipt of their application within 24 hours. The Fair Jobs Code unit aims to notify the supplier or business of the outcome of the pre-assessment certificate application within 30 to 60 business days of receiving a completed application.

If an application is incomplete or requires more information, applicants are provided with a reasonable opportunity to provide further information or to comment prior to any decision being made by the Fair Jobs Code unit.

Review

If an application for a pre-assessment certificate is refused or revoked, the applicant may request a review by emailing fairjobscode@ecodev.vic.gov.au.

A senior Department of Jobs, Skills, Industry and Regions officer will be appointed to conduct an independent internal review.

When conducting an internal review, the officer will provide the applicant with a reasonable opportunity to provide any information or materials for consideration and a copy of the decision made.

Fair Jobs Code Plan

Suppliers tendering for high value procurement contracts and businesses that enter a business expansion grant agreement must submit a Fair Jobs Code plan as part of the procurement or grant process.

The Fair Jobs Code plan outlines the approach a supplier or business will take on industrial relations and occupational health and safety matters while delivering the procurement or grant agreement.

A Fair Jobs Code plan is required:

• when a supplier is submitting a tender for a procurement contract worth $20 million or more
• within 12 months of a business entering a business expansion grant agreement worth $500,000 or more with a commitment to create or retain jobs.

Suppliers of construction works that are required to submit Project Development and Construction Management Plans should complete a Fair Jobs Code plan addendum instead of a Fair Jobs Code plan.

Fair Jobs Code plan templates are on the Buying for Victoria website - Fair Jobs Code tools and templates – suppliers and businesses:

• Fair Jobs Code plan template
• Fair Jobs Code plan addendum template (for suppliers of construction works)

Fair Jobs Code plans are assessed by the contracting Victorian Government department or agency.

Guidelines

• Fair Jobs Code pre-assessment certificate guidelines for suppliers and businesses
• Fair Jobs Code plan guidelines for suppliers and businesses
• Fair Jobs Code procurement guidelines for government departments and agencies
• Fair Jobs Code grants guidelines for government departments and agencies

Complaints about a supplier or business

A person or their representative can make a complaint to the Fair Jobs Code unit about a supplier or business that holds a pre-assessment certificate by completing the Fair Jobs Code complaints about a supplier template.

The Fair Jobs Code and other procurement policies

The Fair Jobs Code works with government policies including Local Jobs First, Social Procurement Framework and Supplier Code of Conduct to ensure businesses and suppliers are recognised for providing fair and safe workplaces.

The collective impact of these initiatives will help drive ethical business behaviour, meaningful job opportunities and a thriving Victorian economy.

Contact us

To speak with a member of DJSIR’s Fair Jobs Code unit, please email fairjobscode@ecodev.vic.gov.au.

To make a general complaint about a decision, action or service provided by the department in relation to your pre-assessment certificate, please visit the Department of Jobs, Skills, Industry and Regions complaints form.