Fair Jobs Code - Departments and Agencies

Find out what the Fair Jobs Code is and what departments and agencies need to do to implement the Code.

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The Fair Jobs Code

The Victorian Fair Jobs Code allows the Victorian Government to use its purchasing power to put workers first. It does this by recognising businesses applying for Victorian Government contracts or significant business expansion grants who do the right thing by their employees.

When entering into high value contracts or grants, suppliers and businesses are encouraged to create workplaces that are:

  • fair
  • safe
  • secure
  • cooperative
  • inclusive.

The Fair Jobs Code:

  • promotes fair labour standards
  • encourages compliance with:
    • employment
    • industrial relations
    • workplace health and safety obligations
  • promotes secure employment and job security
  • fosters cooperative and constructive relationships between employers, employees and their representatives
  • promotes workplace equity and diversity
  • encourages supply chain companies to follow similar employment standards.

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Who does the Code apply to?

The Fair Jobs Code applies to all Victorian Government departments and agencies issuing threshold procurement contracts or issuing significant business expansion grants to:

  • suppliers bidding for goods, services, and construction procurement worth $3 million or more (exclusive of GST)
  • subcontractors delivering work worth $10 million or more (exclusive of GST) on procurement of $20 million or more (exclusive of GST)
  • businesses applying for significant business expansion grants of $500,000 or more (exclusive of GST) with a commitment to create jobs.

How do suppliers and businesses comply with the Code?

The Code came into effect on 1 December 2022 for all tender processes (and subsequent procurement contracts) and grant applications (and subsequent grants) released to the market or the public.

A Pre-Assessment Certificate is an eligibility pre-condition for all suppliers and businesses seeking to be considered for threshold procurement contracts or high value procurement contracts, and significant business expansion grants.

A Pre-Assessment Certificate is issued to suppliers and businesses with a history of complying with existing:

  • industrial relations laws
  • workplace health and safety laws.

The Fair Jobs Code register lists suppliers holding a Pre-Assessment Certificate.

Some suppliers and businesses will also need to provide a Fair Jobs Code Plan as part of the procurement or grant process.

When delivering a contract or grant, the Plan demonstrates how suppliers will deal with:

  • industrial relations
  • occupational health and safety matters
  • workforce planning
  • workforce diversity.

What is required by Agencies?

Agencies are required to:

  • consider whether the procurement or grant can be insourced
  • incorporate new Fair Jobs Code model clauses into tender documents and contracts or grant processes by 1 December 2022
  • evaluate how suppliers and businesses meet Fair Jobs Code requirements in tenders and grant invitations after 1 December 2022
  • monitor how suppliers and businesses perform as part of contract management activities
  • attest annual compliance to implementing the Fair Jobs Code.

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Complaints about suppliers and businesses

Complaints can be made if a supplier or business does not comply with the Fair Jobs Code.

Visit How to make a complaint about a supplier or business for:

  • who can submit a complaint
  • how to submit a complaint
  • how a complaint is handled.

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