22GRequirements for procurement—secure local jobs code

22G Requirements for procurement—secure local jobs code certificates etc (1) A Territory entity must not accept a response in relation to a procurement for territory-funded work from a tenderer unless the tenderer— (a) holds a secure local jobs code certificate and any conditions on the certificate are appropriate for the procurement; and (b) if the tenderer is required under subsection (2) to submit a labour relations, training and workplace equity plan—submits the plan. (2) For subsection (1) (b), a tenderer is required to submit a labour relations, training and workplace equity plan if— (a) for territory-funded work mentioned in section 22F (1), definition of territory-funded work, paragraphs (a) and (b)—the procurement has an estimated value of— (i) $200 000 or more; or

(ii) if another value is prescribed by regulation—the prescribed value; or (b) for territory-funded work mentioned in section 22F (1), definition of territory-funded work, paragraph (c)—the procurement has an estimated value of— (i) $25 000 or more; or (ii) if another value is prescribed by regulation—the prescribed value. (3) A Territory entity must consider a labour relations, training and workplace equity plan submitted by a tenderer under subsection (1) (b) when assessing responses in relation to a procurement. (4) A Territory entity must not enter into a procurement contract for territory-funded work with another entity unless— (a) the other entity holds a secure local jobs code certificate and any conditions on the certificate are appropriate for the procurement; and (b) the contract includes terms that incorporate, as far as applicable, the substance of any model terms determined under subsection (5). (5) The Minister may determine model terms for incorporation into procurement contracts for territory-funded work that relate to the requirements of this part or the code. Examples—model terms 1 contractor must hold a secure local jobs code certificate for the duration of the contract 2 contractor must tell the Territory about any adverse ruling that is made against the contractor and that relates to the code 3 contractor must carry out staff inductions 4 contractor must allow registrar to enter workplaces to carry out educational activities regarding the code

Requirements for procurement by Territory entities Division 2B.2 5 contractor must allow approved auditors to enter workplaces to examine compliance with the code 6 contractor must provide contact details and working hours for workplaces (6) A determination under subsection (5) is a disallowable instrument. (7) In this section: labour relations, training and workplace equity plan means a plan made by a tenderer that— (a) relates to the tenderer’s, and any subcontractor’s, workplaces in relation to workplace standards, diversity and equity; and (b) complies with any requirements prescribed by regulation.