Page 1701 - Week 05 - Thursday, 5 May 2016

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(2) What is the ACT Administration mechanism for consultation when the Government “consults”.

(3) Does consultation happen centrally or with individual procurement officers of each Directorate.

(4) Are all tenderers for ACT Government projects or service provision provided copies of the MOU as part of the ACT tender process tender process.

Mr Barr: The answer to the member’s question is as follows:

(1) As part of its public commitments prior to the 2004 election, the ACT Labor Party promised to pursue Fair and Safe Workplaces measures, including continuing reform of the ACT’s industrial relations system and improved procurement policies to ensure all work carried out on behalf of the ACT Government maintains high workplace standards. As part of implementing this commitment, the ACT Government instituted new procurement principles on Ethical Suppliers, and introduced the MOU on Procurement of Works and Services to provide a framework for consultation between the Government and Unions ACT.

(2) Consultation, for the purposes of section 4.1 of the Memorandum, is conducted through a number of avenues including providing lists of tenderers for ACT contracts and applicants for prequalification with UnionsACT; establishing contact officer functions in relation to matters covered by the MOU; and through meetings with UnionsACT on particular issues. Separate to the consultation under the MOU, Procurement and Capital Works holds regularly scheduled meetings with industry stakeholders such as the Master Builders Association.

(3) Consultations are conducted centrally if with regard to issues related to the MOU, but within individual Directorates if with regard to issues with the management of specific contracts.

(4) No.

Trade unions—memorandum of understanding
(Question No 720)

Mr Hanson asked the Chief Minister, upon notice, on 7 April 2016 (redirected to the Minister for Economic Development):

Concerning the MOU signed between the Chief Minister and UnionsACT on 26 March 2015 which requires ACT Government agencies to decline to award a tender where the tenderer does not comply with Clause 3.3 which in 3.3j includes Clause 6 which includes rights for Unions and obligations on employers which are not contained in legislation, how are the obligations contained in Clause 6d conveyed to tenderers.

Mr Barr: The answer to the member’s question is as follows:

(1) Section 6d of the MOU reflects the Commonwealth provisions for rights of entry as per Chapter 3–4 (Subdivision B) of the Fair Work Act 2009 (Cth). The assessment


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