Fair Jobs Code

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

The code require a pre-assessment certificate for:

• suppliers bidding for procurement contracts worth $1 million or more (exclusive of GST) and
• 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) and where the key milestones under the grant agreement specifies that the business will direct the funding towards direct employment costs of the business and will, as a result of the funding increase the number of employees engaged by the business (significant business expansion grants). This includes competitive grants delivered through grants programs, direct allocation grants and negotiated grants.

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

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 a 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?

From 1 December 2022, all Victorian Government departments and agencies must apply the code to tender processes (and subsequent procurement contracts) and grants. From 1 September 2024, the Victorian Government has lowered the threshold for pre-assessment certificate applications from $3 million for direct contracts and $10 million for subcontracts to $1 million (exclusive of GST) for all contracts.

Guidelines, templates and supporting information are available to explain the application of the code.

Applications for pre-assessment certificate can be made online at 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 significant business expansion grant of $500,000 or more where the key milestones under the grant agreement specifies that the business will direct the funding towards direct employment costs of the business and will, as a result of the funding increase the number of employees engaged by the business (significant business expansion grants). This includes competitive grants delivered through grants programs, direct allocation grants and negotiated grants.

Pre-assessment certificates are valid for two years from the date of issue, unless otherwise specified in the code. 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 now open. Apply now for a pre-assessment certificate

From 1 December 2022, applicable Victorian Government procurement and grants will only be awarded to 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 will assess applications and issue pre-assessment certificates.

Assessments will consider all information provided by the supplier or business. A due diligence check of compliance with applicable employment, industrial relations and workplace health and safety laws, and regulations over the past three years will also be undertaken.

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

If an application is incomplete or requires more information, applicants will be 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 who enter into a significant 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 suppliers and businesses will take towards industrial relations and occupational health and safety matters while delivering a 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 into a significant business expansion grant agreement worth $500,000 or more with a commitment to create jobs.

Suppliers of construction works who are required to submit Project Development and Construction Management Plans may 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 will be 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 Local Jobs First, the Social Procurement Framework and the Supplier Code of Conduct to ensure businesses and suppliers put workers first, and by recognising and rewarding those who:

• provide secure employment and fair work practices
• operate sustainably, promote equality and diversity
• and focus on creating local jobs and supporting local industry.

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.