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:
- compliance with the Secure Local Jobs Code,
- prescribed legislation, and
- potential negative effects on the Territory's reputation.
Fair and Safe Employment Evaluation Criteria | |
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Secure Local Jobs Code Compliance | Reputational Risk |
Tenderer’s ongoing compliance with their Secure Local Jobs Code obligations including:
| Whether the Tenderer has demonstrated any actions or omissions that would be likely to have a material adverse effect on:
|
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:
|
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 is subject to the Secure Local Jobs Code; or
- it is in an industry with a high risk of modern slavery not already covered by the Secure Local Jobs Code as follows:
- It has an estimated value of $200,000 or more.
It does not apply to:
- Contracts established through standing offer as defined by the Government Procurement Regulation 2007
- Procurements for which an exemption from the Secure Local Jobs Code has been granted under section 22H of the Government Procurement Act 2001
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