Federal Register of Legislation - Australian Government

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Guides & Guidelines as made
These Guidelines prescribe certain circumstances in which Australian Government agencies must decline to accept a tenderer’s proposal or enter into a contract with a tenderer in relation to an Australian Government Cleaning Services Contract as defined at Section 6 of these Guidelines.
Administered by: Finance
Made 24 Nov 2011
Registered 07 Dec 2011
Tabled HR 07 Feb 2012
Tabled Senate 07 Feb 2012
Date of repeal 09 Mar 2013
Repealed by Commonwealth Cleaning Services Guidelines 2012
Table of contents.

Commonwealth Cleaning Services Guidelines

Current as at 24 November 2011

 

 

 

Table of contents

1.      Foreword. 2

2.      Purpose. 3

3.      The Legislative Framework. 3

4.      Scope. 4

5.      Australian Government Cleaning Services tender and contract requirements. 5

6.      Definitions. 7

Schedule A.. 11

Schedule B. 12

Schedule C. 13

 


 

1.      Foreword

 

In view of the history of underpayment, exploitation and unsafe work practices in the cleaning industry, the Government identified this sector as requiring special attention to promote fairness, bargaining, freedom of association and other workplace rights. 

 

While many of these matters have been significantly enhanced by the Fair Work Act 2009
(the Fair Work Act) and the modernised Cleaning Services Award 2010, the Government has also introduced additional requirements under the Fair Work Principles to improve the working conditions of contract cleaners working in Commonwealth buildings.

 

I am releasing the Commonwealth Cleaning Services Guidelines to strengthen the cleaning specific requirements of Fair Work Principles, and to ensure that the Government’s objective of promoting better wages and conditions for vulnerable workers in the cleaning industry in respect of Australian Government cleaning services contracts can be realised.

 

 

 

CHRIS EVANS

 

 

Senator the Hon Christopher Evans
Minister for Tertiary Education, Skills, Jobs and Workplace Relations

2.      Purpose

 

2.1          The Commonwealth Cleaning Services Guidelines (Guidelines) are issued by the Minister for Tertiary Education, Skills, Jobs and Workplace Relations under Regulation 7B of the Financial Management and Accountability Regulations 1997 (FMA Regulations)[1]. These Guidelines must be complied with by Australian Government officials.

 

2.2          The purpose of these Guidelines is to prescribe certain circumstances in which Australian Government agencies must decline to accept a tenderer’s proposal or enter into a contract with a tenderer in relation to an Australian Government Cleaning Services Contract (AGCSC) as defined at Section 6 of these Guidelines.

 

2.3          These Guidelines apply to Australian Government agencies, their employees and contractors which are subject to the Financial Management and Accountability Act 1997 (FMA Act), hereafter. A body subject to the Commonwealth Authorities and Companies Act 1997 (CAC Act) is not subject to these Guidelines unless the Finance Minister has issued a direction under the CAC Act.

 

3.      The Legislative Framework

 

3.1          These Guidelines are a Legislative Instrument registered in accordance with the requirements of the Legislative Instruments Act 2003, and relevant individuals and Australian Government agencies have a legal obligation to comply with the requirements set out within these Guidelines.

 

3.2          These Guidelines are part of the Australian Government’s financial management framework, which creates an overarching requirement to manage an agency’s affairs efficiently, effectively, economically, and ethically and in accordance with the policies of the Commonwealth.

 

3.3          Breaches of these Guidelines, as part of the financial management framework, may attract a range of administrative and disciplinary sanctions (including under the FMA Act and the Public Service Act 1999). Non-compliance with the financial management framework is also reported in agency Certificates of Compliance.

 

 

 


 

4.      Scope

4.1          Application

4.1.1         These Guidelines apply to Covered Procurement activities as defined in paragraph 8.4 of the Commonwealth Procurement Guidelines (CPGs).

 

4.1.2         Australian Government agencies should note that the thresholds beyond which a procurement will be a Covered Procurement as specified by the CPGs may be subject to change, however, as at November 2011 the relevant thresholds are as follows:

a.         for procurement by Departments of State, Departments of the Parliament and prescribed agencies under the FMA Regulations, other than procurements of construction services, the estimated value of the property or services being procured is above $80,000;

b.         for procurements by relevant CAC Act bodies, other than procurements of construction services, the procurement threshold is $400,000; and

c.          $9 million for procurements of construction services.

 

4.1.3         Consistent with paragraph 8.4 of the CPGs, these Guidelines do not apply to the procurements which are listed in Appendix A of the CPGs ‘Exemptions from Mandatory Procurement Procedures’(unless stated otherwise), as these are not Covered Procurements.

 

4.2          Date of effect

4.2.1          These Guidelines apply to each request for tender or request for expressions of interest issued by Australian Government agencies for the first time on or after 1 January 2012.

 

4.2.2         These Guidelines apply prospectively, and do not require Australian Government agencies to amend contracts with suppliers that are in place prior to 1 January 2012 or to amend documentation associated with request for tender or request for expressions of interest which has been issued prior to 1 January 2012.

 

4.2.3         However, where an Australian Government agency’s AGCSC has an option to extend the AGCSC, Australian Government agencies are encouraged to consult with the contractor and consider appropriate contract variations to incorporate the requirements of these Guidelines on a case by case basis.


 

5.      Australian Government Cleaning Services tender and contract requirements

5.1               Tender requirements

5.1.1          Australian Government agencies and the persons to whom these guidelines apply (see paragraph 2.3) must decline to accept a tender proposal for an AGCSC where the tenderer does not undertake to be bound under any AGCSC arising from the tender to:

a.              pay the employees for the work performed under the AGCSC no less than the applicable prescribed minimum hourly base rates of pay (not including any allowances that may be payable to the employee) for the state or territory in which the work is to be performed;

b.             require any subcontractor engaged under the AGCSC to deliver cleaning services to pay the employees of the subcontractor for work performed under the AGCSC no less than the applicable prescribed minimum hourly base rates of pay (not including any allowances that may be payable to the employee) for the state or territory in which the work is to be performed;

c.              comply with the mandatory practices for AGCSC as outlined at Schedule C of these Guidelines;  and

d.             require any subcontractor engaged under the AGCSC to deliver cleaning services to comply with mandatory practices for AGCSC as outlined at Schedule C of these Guidelines.  

5.1.2          Mandatory practices for AGCSC:

a.              Australian Government agencies and the persons to whom these guidelines apply must, in their tender for an AGCSC, require a tenderer to provide information and evidence on how they will comply with the mandatory practices for AGCSC.

b.             Australian Government agencies and the persons to whom these guidelines apply must not enter into a contract with a tenderer if the Australian Government agency is not satisfied that the information and evidence provided by a tenderer adequately outlines how they will comply with the mandatory practices for AGCSC.

 

5.1.3          Prescribed minimum hourly base rates of pay:

a.              It is the intention of the Australian Government to transition to uniform pay scales across all states and territories for all AGCSCs.

b.             For the period commencing from the date of effect of these Guidelines up to and including 30 June 2012, the applicable hourly rates of pay (not including any allowances that may be payable to the employee) for the state or territory in which the work is to be performed by the cleaning services employees engaged under the AGCSC, is prescribed at Schedule A of these Guidelines.

c.              From 1 July 2012 the applicable hourly rates of pay (not including any allowances that may be payable to the employee) for the state or territory in which the work is to be performed by the cleaning services employees engaged under the AGCSC,  is prescribed at Schedule B of these Guidelines.

d.             From 1 July 2013 the applicable hourly rates of pay (not including any allowances that may be payable to the employee) prescribed will be the same for all states or territories in which the work is to be performed by the cleaning services employees engaged under the AGCSC. These rates will be prescribed no later than 1 July 2012. 


 

5.2          Contract requirements

5.2.1          Australian Government agencies and the persons to whom these guidelines apply must not enter into an AGCSC that does not include a contractual obligation on the contractor to:

a.              pay employees for work performed under an AGCSC no less than the applicable minimum hourly base rates of pay (not including any allowances that may be payable to the employee) prescribed in these Guidelines;

b.             require any subcontractor engaged under the AGCSC to deliver cleaning services to pay the employees of the subcontractor for work performed under the AGCSC no less than the applicable minimum hourly base rates of pay (not including any allowances that may be payable to the employee) prescribed in these Guidelines;

c.              comply with the mandatory practices for AGCSC (as per Schedule C); and

d.             provide, when requested by an Australian Government agency, records which show:

                                       i.          the number of full time, part time, and part time shift employees who are performing, or have performed, work under the AGCSC; 

                                      ii.          the levels of the employees who are performing, or have performed, work under the AGCSC;

                                    iii.          the hourly rates that are paid or have been paid to employees who are performing, or have performed work under the AGCSC;

                                    iv.          the types  of training, equipment and materials provided to employees who are performing or have performed work under the AGCSC;

                                     v.          copies of the written duty schedules listing specific tasks to be completed that are provided to employees who are performing or have performed work under the AGCSC;

                                    vi.          that the workloads for employees who are performing or have performed work under the AGCSC are fair and reasonable workloads and that there are adequate employees performing work under the AGCSC to achieve the required performance levels; 

                                  vii.          that freedom of association and representation of employees who are performing or have performed work under the AGCSC  is acknowledged and supported; and

                                 viii.          where the contractor has subcontracted the delivery of some or all cleaning services under the AGCSC, the information at points 5.2 d i to vi in relation to the subcontractor’s employees who are performing, or have performed, work under the AGCSC.

 

5.2.2          The requirements in section 5 of these Guidelines do not apply to tenderers who do not have a commercial presence in Australia unless they subcontract or employ cleaning staff within Australia.


6.      Definitions

6.1          AGCSC

6.1.1          For the purposes of these Guidelines, an Australian Government Cleaning Services Contract (AGCSC) is a contract for the delivery of internal and/or external cleaning services in a Central Business District location as defined at section 6.6 of these Guidelines:

a.    at premises occupied by an Australian Government agency; or

b.    entered into by an Australian Government agency on its own account, or for and on behalf of the Commonwealth.

 

6.2          Australian Government agencies

6.2.1         For the purposes of these Guidelines, Australian Government agencies are:

a.    all Departments of State, Departments of the Parliament and prescribed agencies named in the FMA Regulations; and

b.    all Commonwealth authorities and companies listed in Schedule 1 to the Commonwealth Authorities and Companies Regulations 1997 through a direction issued by the Minister for Finance and Deregulation under the CAC Act.

 

6.3          Building Services Employee

6.3.1         A Building Service Employee Grade One (BSE 1) means an employee who at the completion of their training and induction is capable of performing work within the scope of this level. Such an employee performs those tasks customarily performed by cleaners utilising a range of materials and equipment, to clean a range of surfaces in order to restore or maintain buildings in a clean and hygienic condition.

Indicative of the tasks which an employee at this level may perform, on a daily or periodic basis, are the following:

a.    vacuuming and spot cleaning of carpets and soft furnishings;

b.    sweeping and mopping;

c.toilet cleaning; 

d.    rubbish collection;

e.    cleaning of glass, both internal and external;  and

f.     dusting of hard surfaces

 

6.3.2         A Building Service Employee Grade Two (BSE 2) means an employee who at the completion of training is capable of performing work above and beyond the skills of an employee at BSE 1 level notwithstanding the fact that they may be required to perform any duties of a BSE 1 and, in addition, is engaged for a majority of each day or shift on any of the following tasks, or a combination of such tasks:

a.    carrying out those roles expected of a Leading Hand;

b.    ordering supplies and receiving deliveries;

c.     carpet cleaning;

d.    operating "ride on" powered machinery;

e.    operating steam cleaning and pressure washing equipment on the exterior of buildings;

f.     distribution of toilet and other requisites and cleaning materials in buildings;

g.    the performance of customer or public relations duties as required;

h.    assisting in the provision of on-the-job training;

i.      minor maintenance duties incidental and peripheral to cleaning (and of a non-trade nature);  and

j.      the application of sealer/finish.

 

6.3.3         A Building Service Employee Grade Three (BSE 3) means either:

6.3.3.1         An employee who is entrusted with the supervision of cleaning as a principal responsibility, who co-ordinates the work of BSEs 1, 2 and 3 and who generally superintends the activity of all the buildings cleaners. Indicative of the tasks which an employee at this level may perform are the following:

a.    ensuring that proper maintenance procedures for building plant and equipment are observed;

b.    the arrangement of service calls to ensure that building plant is operating correctly;

c.     dealing with tenants and owners responsible with respect to the proper cleaning, servicing and functioning of the building;

d.    co-ordination of the work with Leading Hands of all cleaners; and

e.    handling routine personnel, industrial relations and health and safety matters.

or

6.3.3.2         An employee who is responsible for cleaning windows on the exterior of multi-storied buildings from swinging scaffolds, bosun's chairs, hydraulic bucket trucks or similar devices.

 

6.4          Cleaning Services

6.4.1         Cleaning services includes hygiene and pollution control, and minor property maintenance which is incidental or peripheral to cleaning.

 

6.5          Employee types

6.5.1         A full time employee means an ongoing employee engaged to work an average of 38 ordinary hours per week.

6.5.2         A part-time employee means an employee who is engaged to work less than the full-time hours of 38 per week.

6.5.3         A part time night employee means a part time employee whose ordinary hours of duty conclude or commence between the hours of 6.00pm and 6.00am.

 


 

6.6          Central  Business District Locations

6.6.1         For the purpose of these Guidelines, ‘Central Business District location’ has the following meaning only in relation  to each of the following jurisdictions:

a.    Australian Capital Territory:

o    Civic: the areas and suburbs bounded by Barry Drive/Cooyong Street in the north, Ballumbir Street in the north-east, Coranderrk Street in the south-east, Parkes Way in the south, Hales Street/McCoy Circuit in the south-west, and Ellery Crescent/Kingsley Street in the north-west.

o    Non Civic: the areas of Airport, Barton, Belconnen, Braddon, Bruce, Campbell, Deakin, Dickson, Forrest, Fyshwick, Griffith, Gungahlin, Kingston, Lyneham, Mawson, Mitchell, Parkes, Phillip, Reid, Russell, Symonston, Tuggeranong, Turner, Weston and Yarralumla.

b.    New South Wales:

o    Sydney CBD: the area bounded by Harris Street in the west, Lee Street/Eddy Avenue/Foveaux Street in the south, Crown Street/St Marys Road/Hospital Road/Macquarie Street in the east and the Sydney waterfront to the north (including Darling Harbour, the Rocks and Circular Quay).

o    North Sydney: the area bounded by the Warringah Freeway in the east, Falcon Street in the north, the Pacific Highway/Bay Road/Carr Street in the west and the waterfront in the south (including McMahons Point and Milsons Point).

o    Chatswood: the area bounded by the Pacific Highway in the west, Albert/Victoria Avenues in the south-east, Penshurst Street in the north-east and Boundary Street in the north-west.

o    Parramatta: the area bounded by O’Connell/Pitt Streets in the west, Boundary/Raymond/Cambridge/Allen Streets in the south, Harris/Macarthur/Buller Streets in the east, and Albert Street in the north.

c.     Northern Territory:

o    Darwin CBD: the area bounded by The Esplanade in the south-west, Daly Street in the north-west, McMinn Street in the north-east and the Darwin City Waterfront in the south-east.

d.    Queensland:

o    Brisbane CBD: the area bounded by Saul/Roma/Albert Streets in the north-west, Wickham Terrace/Turbot Street/Boundary Street in the north-east, and the Brisbane River curving around from the William Jolly Bridge in the north-west to the Story Bridge in the north-east.

o    Brisbane Near City: the areas of Toowong, Milton, Spring Hill, Fortitude Valley, Bowen Hills, Newstead and New Farm to the north of the Brisbane River, and West End, South Brisbane, Woolloongabba, Kangaroo Point, East Brisbane and Greenslopes to the south of the Brisbane River.

o    Upper Mount Gravatt & Macgregor:  the commercial precinct of Upper Mount Gravatt and Macgregor.

o    Chermside: defined as the commercial precinct of Chermside.


 

e.    South Australia:

o    Adelaide CBD: the area bounded by North Terrace (including Riverside Terrace and the ASER Complex) in the north, East Terrace/Hutt Street in the east, South Terrace in the south and West Terrace in the west.

f.     Tasmania:

o    Hobart CBD: the area bounded by Molle Street/Davey Street/Hampden Road in the south-west, Melville Street in the north-west, Brooker Avenue/Hunter Street in the north east and the Harbour in the south-west.

o    University of Tasmania, Sandy Bay Campus.

g.    Victoria:

o    Melbourne CBD: the area bounded by Spencer Street in the west, Dudley/Peel/Victoria Streets in north, Spring Street in the east and the Yarra River in the south.

o    Docklands: the area bounded by Spencer Street in the east, the Yarra River/Lorimer Street in the south, Bolte Bridge in the west and Footscray Road/Docklands Highway/Dudley Street in the north.

o    Southbank: the area bounded by the Yarra River in the north, St Kilda Road/Wadey Street/Wells Street/Palmerston Crescent in the east, Kings Way/Bank Street/Tope Street/Market Street/City Road in the south, and Montague Street/Docklands Highway in the west.

o    St Kilda Road: the area bounded by Punt Road in the east, Toorak Road//St Kilda Road in the north-east, Coventry Street/Wells Street/Palmerston Crescent/Raglan Street in the north-west, and Moray Street/Albert Road/Queens Road in the south-west.

h.    Western Australia:

o    Perth CBD: defined as the area bounded by Riverside Drive in the south, Mitchell Freeway in the west, Graham Farmer Freeway in the north and the Swan River in the east.

o    West Perth: defined as the area bounded by Kings Park Road/Malcolm Street in the south, Mitchell Freeway in the east, Roe/Railway Streets in the north and Thomas Street in the west.


 

Schedule A

 

2011 Prescribed AGCSC minimum hourly base rates of pay

(not including any allowances that may be payable to the employee)

 

Effective from 1 January 2012

 

State where cleaning services are being undertaken

Employee type

ACT

NSW

NT

QLD

SA

TAS

VIC

WA

Full time (BSE 1)

$19.87

$19.65

$19.56

$19.58

$19.56

$19.56

$19.54

$19.56

Full time (BSE 2)

$20.87

$20.70

$20.60

$20.55

$20.60

$20.60

$20.50

$20.60

Full time (BSE 3)

$22.09

$22.25

$22.00

$22.15

$22.00

$22.05

$21.95

$21.82

Part time (BSE 1)

$20.36

$20.35

$20.35

$19.90

 

$21.64

$20.35

 

Part time (BSE 2)

$21.30

$21.35

$21.25

$21.10

 

$22.41

$21.25

 

Part time (BSE 3)

$22.82

$22.90

$22.43

$22.62

 

$23.67

$22.43

 

Part time shift
(BSE 1)

$23.41

$22.80

$23.40

$22.89

$22.49

$23.37

$23.40

$22.49

Part time shift
(BSE 2)

$24.50

$23.85

$24.44

$24.27

$23.69

$24.21

$24.44

$23.69

Part time shift
(BSE 3)

$26.24

$25.15

$25.79

$26.01

$25.30

$25.56

$25.79

$25.09

 


 

Schedule B

 

 

2012 Prescribed AGCSC minimum hourly base rates of pay

(not including any allowances that may be payable to the employee)

 

Effective from 1 July 2012

 

State where cleaning services are being undertaken

Employee type

ACT

NSW

NT

QLD

SA

TAS

VIC

WA

Full time (BSE 1)

$21.17

$21.17

$21.17

$21.17

$21.17

$21.17

$21.17

$21.17

Full time (BSE 2)

$22.32

$22.32

$22.32

$22.32

$22.32

$22.32

$22.32

$22.32

Full time (BSE 3)

$24.04

$24.04

$24.04

$24.04

$24.04

$24.04

$24.04

$24.04

Part time (BSE 1)

$21.17

$21.17

$21.17

$21.17

 

$22.50

$21.17

 

Part time (BSE 2)

$22.32

$22.32

$22.32

$22.32

 

$23.34

$22.32

 

Part time (BSE 3)

$24.04

$24.04

$24.04

$24.04

 

$24.62

$24.04

 

Part time shift
(BSE 1)

$24.35

$24.35

$24.35

$24.35

$24.35

$24.35

$24.35

$24.35

Part time shift
(BSE 2)

$25.67

$25.67

$25.67

$25.67

$25.67

$25.67

$25.67

$25.67

Part time shift
(BSE 3)

$27.65

$27.65

$27.65

$27.65

$27.65

$27.65

$27.65

$27.65

 


 

Schedule C

 

Mandatory practices for AGCSC

 

TRAINING, SUPERVISION, EQUIPMENT

Induction training

Mandatory Practices for induction training

Purpose: To provide employees with an understanding of their work environment and the expectations and policies of the business.

 

·         Cleaning services contractors must provide off site and on site induction training for new employees, that:

o   are specific to the operations of the company;

o   are specific to individual job sites; and

o   include all employees who are to commence duties at the various sites where the cleaning services contractor operates.

·         Inductions must:

o   occur before an employee takes up their duties at a site;

o   include information about safety, emergency, and security procedures;

o   be undertaken by an appropriately qualified and trained person; and

o   allow sufficient time to adequately inform employees, generally in the order of one hour.

·         Where practical this induction should be held on a group basis and provide training and information on:

o   the cleaning services contractor’s employment policies;

o   conditions of employment and service, including consultation and dispute resolution procedures;

o   lines of authority and accountability;

o   the specific tasks expected of each employee and how they are to be completed in practice;

o   the occupational health and safety policies and systems of the cleaning services contractor including the hazards and risks associated with the job, specific control measures to be used and procedures for reporting hazards and incidents;

o   any relevant Government legal or policy information, for example, privacy, and confidentiality; and

o   security arrangements for the site.

 


 

 

TRAINING, SUPERVISION, EQUIPMENT

On the job training

Mandatory Practices for on the job training

Purpose: To help employees develop their skills and abilities, and ensure that they perform their duties in a correct and safe manner.

 

·         The cleaning services contractor must provide employees with the necessary training and equipment to prepare them for commencing work.

·         Training must:

o   be delivered by qualified supervisors;

o   be based on an assessment of the employee’s current skills and abilities;

o   include regular retraining where required, particularly on safe work practices and their employment rights; 

o   be relevant to the specific requirements of the cleaning contract;

o   demonstrate each cleaning task preferably by observing other employees;

o   include a comprehensive tour of the building and its facilities, including emergency exits; and

o   demonstrate how to use new technologies and products when they are introduced.

 

 

TRAINING, SUPERVISION, EQUIPMENT

Equipment, material, safety and efficiency

Mandatory Practices for equipment, material, safety and efficiency

Purpose: To ensure that employees are provided with suitable equipment and materials to perform their job in a safe and efficient manner and in accordance with Occupational Health and Safety requirements.

 

·         Cleaning services contractors must adhere to all the requirements outlined in their respective state or territory Occupational Health and Safety legislation.

·         In particular, the cleaning services contractor must ensure that:

o   safety management systems are embedded, documented, outlined to all employees, utilised and reviewed on a regular basis;

o   equipment provided to employees is suitable for the task being undertaken in a particular environment (e.g. back pack vac cleaner for stairs/tiered seating) and is regularly ‘tested and tagged’; and

o   all employees have easy access to training and information for the use, maintenance and disposal of the required equipment and materials.

 

 

 

 

 

 

 

 

 

 

 

DUTY SCHEDULES

Written duty schedules listing specific tasks

Mandatory Practices for written duty schedules listing specific tasks

Purpose: To ensure that employees fully understand what duties they are expected to carry out so that work can be completed in a timely and effective manner. 

 

·         The cleaning services contractor must provide a duty schedule to employees at each site which specifies the particular tasks that are to be performed on each individual floor.

·         Duty schedules must be reviewed on a regular basis to ensure that they are meeting the requirements of the contract and the employees.

·         Each employee must be informed in writing about which floor, floors, or areas of a floor they are allocated to clean.

·         In preparing documentation for employees, including duty schedules, the cleaning services contractor must have regard to the language skills of each employee.

 

 

 

FAIR AND REASONABLE WORKLOADS

Fair and reasonable workloads and adequate staff numbers to meet performance levels.

Mandatory Practices for fair and reasonable workloads and adequate staff numbers to meet performance levels

Purpose: To ensure employees can complete their workloads effectively during their rostered shift.

·         The cleaning services contractor must ensure that there are sufficient employees at a given site to carry out the work required by the Australian Government Cleaning Services Contract.

·         In determining what is ‘reasonable’ the contractor must consider the following:

o   the capacity of employees to complete all work during  ‘paid time’ without causing over exertion (the employee’s normal rostered shift); and

o   the delivery of quality cleaning services to building owners and tenants.

·         The cleaning services contractor must ensure that duty schedules can be undertaken in the normal rostered shift worked by each respective employee.

 

 

 

 

 

 

 

 

 

 

 

 

 

FREEDOM OF ASSOCIATION, CONSULTATION AND DISPUTE RESOLUTION

Acknowledge and support freedom of association and representation of employees.

Mandatory Practices for acknowledging and supporting freedom of association and representation of employees

Purpose: To ensure freedom of association rights for all employees are respected as required by Part 3-1 of the Fair Work Act 2009 (Fair Work Act).

 

·         The cleaning services contractor must understand and respect their employees’ rights in relation to freedom of association and the right to representation at work.

·         This includes allowing employees to make a free and informed choice about whether to join a union and be represented at work, including:

o   informing prospective employees either pre-employment or at the commencement of employment about their choice regarding representation in the workplace, including providing information about the relevant union;

o   information about union membership must be provided by union officials or by an elected union delegate (where in place) who has received delegates training;

o   scheduling employee meetings with the elected union delegates (where in place) and union officials  at a time that is suitable to all parties and in accordance with the Fair Work Act; and

o   inviting elected union delegates (where in place) to attend induction training at a time that is suitable to all parties and in accordance with the Fair Work Act.

·         Employees must be made aware of their employment rights, including the right to collective bargaining.

·         Copies of the Award or Agreement that applies to the employees must be made available to all employees on a noticeboard that is conveniently located at or near the workplace or through electronic means – whichever makes them more accessible.

·         The cleaning services contractor must provide training to supervisors on the application of the Award or Agreement that applies to the business.

·         The cleaning services contractor must make employees aware:

o   of the company’s consultation processes; 

o   of the company’s dispute resolution process;  and

o   their ability to have a representative of their choice in attendance during the dispute resolution process.

Note: The dispute resolution process is the mechanism used for dealing with workplace issues.

 

 



[1] Regulation 7B of the FMA Regulations provides that the Minister for Workplace Relations may issue guidelines (to be called Commonwealth Cleaning Services Guidelines) about Australian Government Cleaning Services tenders let and contracts entered into for the provision of cleaning services.