Ethical Treatment of Workers Evaluation


What is the Ethical Treatment of Workers Evaluation?

The Ethical Treatment of Workers Evaluation is a requirement of the ACT Government that ensures suppliers align their behaviour and business practices with the Fair and Safe Conditions for Workers Procurement Value.

This evaluation is conducted through the Government Procurement (Ethical Treatment of Workers Evaluation) Direction 2023 (No 2). Tenders will be assessed based on the Fair and Safe Employment Criteria, which includes:

Fair and Safe Employment Evaluation Criteria
Secure Local Jobs Code Compliance Reputational Risk

Tenderer’s ongoing compliance with their Secure Local Jobs Code obligations including:

  • Tenderer has submitted a completed and compliant Labour Relations Training and Workplace Equity Plan for the procurement.
  • Tenderer has complied with and met Labour Relations Training and Workplace Equity Plan reporting obligations for any applicable contracts in the preceding 12 months.
  • Tenderer has maintained compliance with prescribed legislation under the Secure local Jobs Code

Whether the Tenderer has demonstrated any actions or omissions that would be likely to have a material adverse effect on:

  • The reputation of the Territory or a relevant Territory Entity in relation to its status as a model employer, that only contracts with other employers who show model behaviour towards their employees.
  • The risk to the Territory Entity posed by procuring from an unethical Tenderer.
  • The public interest, or public confidence in the Territory and/or its procurement framework.

Note: To evaluate Secure Local Jobs Code compliance, the Secure Local Jobs Code Branch will review any convictions, civil penalties or, in the absence of conviction, evidence that the Tenderer has engaged in non-complying conduct in connection with prescribed legislation in the preceding five years.

Note: To evaluate reputational risk, the Secure Local Jobs Code Branch may use any information that is available to Government. This may include:

  • media reports
  • alleged breaches of relevant legislation for which there is some evidence, but investigations are currently underway, including complaints or information received by the Secure Local Jobs Code Registrar but which have not yet been the subject of formal action by the Secure Local Jobs Code Registrar
  • convictions, civil penalties, or any other legal action which falls outside the five-year timeframe but is relevant to assessing reputational risk (for example, where legal action is still ongoing in relation to events which occurred prior to the preceding five years)
  • enforcement notices or current investigations against any relevant legislation in addition to the prescribed legislation under the Secure Local Jobs Code or unethical acts by the Tenderer

When does the Ethical Treatment of Workers Evaluation apply?

The Ethical Treatment of Workers Evaluation applies to any procurement that meets the following criteria:

It does not apply to:

Suppliers will continue to have the same rights regarding the right of reply and complaints as they do currently.

How does the Ethical Treatment of Workers Evaluation work?

For SLJC applicable procurements:

For ANZIC Codes identified as high risk of modern slavery applicable procurements:

What do businesses need to do?

For SLJC applicable procurements:

Businesses are required to maintain their Secure Local Jobs Code Certificate, submit a Labour Relations, Training and Workforce Equity plan and, submit the Fair and Safe Employment Criteria Response Declaration as a part of their tender submission for contracts with a value over $200,000.

For ANZIC Codes identified as high risk of modern slavery applicable procurements:

Businesses are required to submit the modern slavery component of their Fair and Safe Employment Criteria Response Declaration as a part of their tender submission for contracts with a value over $200,000.

How can I find out more information on the process?

To find out more about the changes, you can also view our Industry Briefing.

Tenderer complaints

Tenderers may lodge a complaint in accordance with the Supplier Complaints Management Procedure if they have concerns about the application of the Ethical Treatment of Workers Evaluation to a procurement.

Support

Visit: procurement.act.gov.au/securelocaljobs
Email: etwe@act.gov.au
Phone: (02) 6207 3005