Review of the Secure Local Jobs Code – FEEDBACK WANTED

The MBA is pleased to announce that the Secure Local Jobs Code Advisory Council is undertaking a review of the Secure Local Jobs Code, with findings to be presented to the incoming Minister in early 2021.  

The MBA has been calling for a review of the Code since it was introduced in 15 January 2019. Concerns remain about the interaction between this Code and the Commonwealth 2016 Building Code, as well as the infringement of the Code on freedom of association.  

Submissions are due to the Advisory Council on 20 November 2020. 

We intend to provide feedback based on the various member enquiries we have received since the Code was introduced. Below is a list of the items the Advisory Council has requested feedback on. If you have anything you would like to raise, please contact Ashlee Berry (aberry@mba.org.au) to discuss, prior to 16 November 2020.  

Scope of the review 

1. Compliance with the Code and other requirements: 

• How well do you consider Code Certified Entities (businesses/industry) understand, and have complied with, their obligations under the Code since its commencement? 

• What further measures (if any) would assist business/industry’s understanding and compliance with their obligations under the Code? 
• Do you consider enforcement of Secure Local Jobs Code obligations has been effective across business/industry to promote compliance? What recommendations (if any) would you make to enhance compliance and enforcement of the Code? 

1. The coverage of the provisions including the procurements subject to the provisions: 

• The Code was established to include ACT Government procurements with businesses/industries where employees may be subject to insecure work arrangements. Is the current scope of business/industries covered by the Code adequate? 
• What recommendations (if any) could be made to improve Labour Relations, Training and Workplace Equity (LRTWE) Plans for businesses? 

• What recommendations (if any) would you make to further enhance the Secure Local Jobs Code package of measures? 

1. Complaints and disputes: 

• Are the current processes for raising complaints or disputes adequate? What (if any) practical improvements could be made to the current complaints and disputes provisions and processes? 

1. Impacts of the Secure Local Jobs Code on small and medium businesses: 

• Has the Secure Local Jobs Code impacted on procurements with small and medium local business? What (if any) have the impacts been and what improvements could be made? 

1. Consideration of in-housing the audit function: 

• The audit function for the Secure Local Jobs Code is currently performed by independent auditors external to ACT Government. How successful has this model been? What improvements could be made to the audit process (if any)? 
• What benefits (if any) would there be if the audit function was performed within Government?