Workplace Gender Equality: Procurement Principles and User Guide
Contents
1. Tenderers and Aust Govt agencies Workplace Gender suppliers and officials Equality Agency Tenderers and suppliers A simplified diagram of the procurement process for tenderers and potential suppliers under the Principles is provided at section 5 14 Determine whether your organisation is a relevant employer Prior to making a Submission In response to an approach to market potential suppliers must determine whether they are covered under the WGE Act If the potential supplier is covered under the WGE Act it Is a relevant employer Tenderers must indicate whether or not they are a relevant employer in their submission Submit a letter of compliance to the Australian Government agency issuing the approach to market A letter of compliance certifies that a relevant employer is compliant with the WGE Act and Is available from WGEA All tenderers who are relevant employers must provide a letter of compliance either A with their submission in response to an approach to market issued by the Australian Government agency or B before entering into a contract with the Australian Government agency The letter of compliance must be submitted to the Australian Government agency who issued the approach to market As detailed in section 5 3 of this User Guide WGEA can only issue a letter of compliance to an organisation that is compliant with the WGE Act A summary of the main obligations of a relevant employer are set out at2. The Principles apply to any approach to market issued by Australian Government agencies which is at or above the relevant procurement threshold on or after 1 August 2013 the Date of Effect The Principles do not require Australian Government agencies to amend existing contracts or deeds of standing offer with suppliers or any multi use list that is in place prior to the Date of Effect Section 4 Scope of the Principles 4 2 Who needs to apply the Principles The Principles apply to e all approaches to market undertaken by Australian Government agencies at or above the relevant procurement threshold and e suppliers and their subcontractors covered by the WGE Act relevant employers If you are not sure whether an organisation is a relevant employer please contact WGEA Note Suppliers obligations arising from the Principles apply to the legal entity responding to the approach to market Do the Principles apply to overseas suppliers The Principles do not require overseas based suppliers to comply with Australian laws that would otherwise not apply to them The Principles do not apply to suppliers who do not have a commercial presence in Australia unless they employ 100 or more staff through either employment contacts or subcontracting arrangements within Australia and qualify as a relevant employer under the WGE Act Section 5 Roles and Responsibilities 5 1 5 1 1 5 1 2 Roles and Responsibilities
3. Roles and Responsibilities Tenderers and Aust Govt agencies Workplace Gender suppliers and officials Equality Agency Australian Government agencies and officials A simplified flowchart outlining the key steps to be taken by Australian Government agencies and officials is provided at section 5 2 4 These steps are addressed in greater detail below Determine whether the Principles apply to the procurement when preparing procurement documentation including request documentation Prior to preparing procurement documentation officials must firstly determine whether the Principles apply to the procurement Ihe Principles apply where e the procurement is at or above the relevant procurement threshold and e the procurement is being carried out by an Australian Government agency If the Principles apply officials refer to Section 8 for advice on what model clauses to include in procurement documentation If the Principles do not apply officials are not required to include any additional clauses in the procurement documentation Once submissions responding to an approach to market have been received the official should identify whether or not the tenderer is required to supply a letter of compliance After submissions responding to an approach to market have been received the official who is processing Submissions should identify those tenderers that have indicated in their submission that they are a relevant employer under th
4. Australian Government 9 Department of Families Housing Community Services and Indigenous Affairs WORKPLACE GENDER EQUALITY PROCUREMENT PRINCIPLES AND USER GUIDE a strong and fair society for all Australians Minister s Foreword The Australian Government believes it is essential for all women to receive social and financial recognition for the work they do and the contribution they make to Australian society Gender inequality is a significant disincentive to women s workforce participation and the Government is determined to ensure both women and men are able to make genuine choices about their participation in the economy community and at home The Workplace Gender Equality Procurement Principles and User Guide the Principles have been developed as part of the Government s commitment to fairer and more consistent measures for ensuring the Government only deals with organisations who comply with the Workplace Gender Equality Act 2012 Cth the Act The Principles build upon the existing contract compliance policy which has connected the Act and its predecessors to the Commonwealth procurement framework since 1993 The Principles formally establish the policy as well as the roles and responsibilities of those organisations required to apply the Principles The Principles aim to support the effective and consistent application of the policy across Commonwealth procurement processes as well as provide certainty to tho
5. 5 for advice on what to include in this request Question 5 Are Australian Government agency officials still required to check the list of non compliant organisations listed on the WGEA website Answer No Australian Government agency officials must identify whether tenderers are required to supply a letter of compliance as part of their Submission The Principles require Australian Government agencies to include a declaration in their request documentation that requires tenderers to identify whether or not they are a relevant employer If a tenderer has indicated Yes am a relevant employer have attached a current letter of compliance as part of this submission which indicates my compliance with the Workplace Gender Equality Act 2012 the submission Should include a letter of compliance to be eligible to be considered for Australian Government contracts If a tenderer has indicated Yes am a relevant employer will be providing a letter of compliance prior to contract the_official will need to request a current letter of compliance from the tenderer prior to contract Refer to s8 1 5 for advice on what to include in this request 12 Question 6 If the tenderer has made a submission without supplying a letter of compliance and or have not specified whether they are a relevant employer can an Australian Government agency official exclude that submission from any further consideration Answer Ihe official w
6. and officials ie Pare oe amores procurement and Australian Government ag Mele gt IK MONON sa to Imelda lt a tene to as Drlnelales Inne RETER TGT documentation iS tie POMO Wile a preparing documentation being undertaken by an Australian Government agency and at or above the relevant procurement threshold Cine jellainema mea Mela uses uo secuelas es pel O ine Procure mentos Une neuen Poe T HH L ceci elas model clauses or clauses which have the same effect Fine tenelerer nes actor mie sos eso setos al Jon ames nou ss coo Mis Mon ias ele ela proceda crono SOIG O oc Once submissions have been received has Ins Veneer HEG ISHTE tna lney are e Kelley aie employer Ide tease els le Cena wre alte oie cea ene aie moro Ideario oro dle 2 eier OL OS ndollaicicS The official will need er SIRI GIS nee from the relevant Procure mentada or ude Depa mien The official will 2 GO NSC o ele to Departmental guidelines for advice on the appropriate SISOS E tenderers during a ee process Has the tenderer attached a current letter of compliance with their submission all dae tenolerer ee ar es ame foley anie e el note cuenco cuen letter of compliance as part of this submission which indicates my compliance with the oidos Game ario alkyl 20 OLA their Submission Tie te neler mes complied with
7. en er ee ee 5 Ag Done Frincioles apply to overseas SUPPLIERS euere 5 Section Roles and Responsibilities sese eee 4 Sl Tenders and EZ PT erel tdi 4 de Australan G verimen TSL n Le LT ale OCIS an ae era 5 3 Workplace Gender Equality Agency WGEA nnnneennnnnnnn 9 Section Obligations under the WGE Act for relevant employers and notice of non compliance 10 6 1 Obligations under the WGE Act for relevant employers and consequences of an 10 SA este dao e erae 11 Section Frequently Asked Questions minivan lic 12 FO Der Heel ET N N ee eee ee eT ee ee 12 ON HR aay TTT ER ee 12 Section Model clauses for Australian Government agencies eee eee eee 14 oL eo de ste TO TCS TC a 14 uz MOI Es H r eT entan eee eee ene ene nee EEREN Tee eR N E ENEE PEES ee eee NAS ENEE E 15 85 References IN DOTA request documentation and CONTA t anne 15 Section Contacino GEA ei ee da da aia ii 16 Section e ES EE o o A 16 Section 11 Abbreviations and Acronyms uusssssesssnnnnennnnenennnnnnnnnnnennnnnnnnnnnennnnunnnnnennnnnnnnnnnnennnnnnnnnnnennnnnnnnnnnennnnsnnnnnnen 17 Section 1 Introduction The Workplace Gender Equality Procurement Principles the Principles describes the Australian Government procurement connected policy associated with the Workplace Gender Equality Act 2012 Cth WGE Act These Principles and supporting User Guide strengthen the former procurement connected policy formerly called the Co
8. must notify the Department Contact Officer or insert other position If the Term of the Contract exceeds 18 months the Supplier must provide a current letter of compliance within 18 months from the Contract Commencement Date and following this annually to the Department Contact Officer or insert other position Compliance with the WGE Act does not relieve the Supplier from its responsibility to comply with its other obligations under the Contract References in both request documentation and contract All references to the Equal Opportunity for Women in the Workplace Act 1999 Cth in both request documentation and contracts will need to be replaced with the Workplace Gender Equality Act 2012 Cth 15 Section 9 Contacting WGEA The following are contact details for WGEA Level 7 309 Kent Street SYDNEY NSW 2000 GPO Box 4917 SYDNEY NSW 2001 Website www wgea gov au Phone 02 9432 7000 Section 10 Glossary Approach to market any notice inviting potential suppliers to participate in a procurement which may include a request for tender request for quote request for expression of interest request for application for inclusion on a multi use list Australian Government agency ies For the purposes of these Principles this refers to all agencies and bodies that are subject to the CPRs including relevant CAC Act bodies as defined in accordance with Appendix C of the CPRs CAC Act bodies entities that
9. relevant procurement threshold that has been released on or after the Date of Effect User Guide Section 3 The Principles do not require Australian Government agencies to amend existing contracts with suppliers or the terms of any standing offer or multi use list that is in place prior to the Date of Effect Question 4 am an Australian Government agency official and have received submissions responding to an approach to market How do know whether the tenderer should have supplied a letter of compliance with their submission Answer Australian Government agency officials must identify whether tenderers are required to supply a letter of compliance as part of their submission The Principles require Australian Government agencies to include a declaration in their request documentation that requires tenderers to identify whether or not they are a relevant employer If a tenderer has indicated Yes am a relevant employer have attached a current letter of compliance as part of this submission which indicates my compliance with the Workplace Gender Equality Act 2012 the submission Should include a letter of compliance to be eligible to be considered for Australian Government contracts If a tenderer has indicated Yes am a relevant employer will be providing a letter of compliance prior to contract the_official will need to request a current letter of compliance from the tenderer prior to contract Refer to section 8 1
10. section 6 1 of this User Guide The list is not exhaustive and these requirements apply over time In most cases in the first instance an organisation becomes compliant with the WGE Act simply by registering with WGEA The timing of reporting for those relevant employers reporting for the first time will vary from between six and eighteen months dependent upon the time in the reporting cycle If at any time an organisation becomes compliant with the WGE Act WGEA can Issue a letter of compliance in most cases within two business days of the organisation being found to comply with the requirements of the WGE Act This applies where the organisation is registered with WGEA but non compliant under the WGE Act and subsequently becomes compliant or where an organisation becomes compliant by registering with WGEA For more information on how to become compliant with the WGE Act please contact WGEA 5 1 3 Meet ongoing compliance requirements A Ongoing compliance If a relevant employer who is the recipient of an Australian Government contract becomes non compliant with the WGE Act during the term of a contract it should notify the nominated Departmental contact officer The relevant employer should then contact WGEA for information on the steps to become compliant B What is the renewal process for the letter of compliance After a relevant employer has reported for the first time a letter of compliance can be Issued annually each time i
11. GEA and e the way in which the report may be accessed See subsection 16 1 Monee HZH ona Steps to lion Withiia seven days each employee organisation that has members who are employees of a relevant employer that a Poe en oa deal To provide employees and any shareholders or mentes o Ue eno e Wik sICCSes Lo las fe Solr of an employer as soon as practicable subsection Gz BIST H IT 2 Tor ec meer organisation that has members who are employees of ine SimplOvel as SOOnras feaSOMaoly Placileaple airer OCC Siem tae eonmiments on tite Teper ime e given to the employer or to WGEA 168 10 Mis Helie H GSE HE ene sion Sl langen ar If a relevant employer lodges the public report after 31 May it may be non compliant RECON e nat oleo ev Me dale reelle ome A relevant employer provides false or misleading iones aia ur TT neueren Mae required information A relevant employer as soon as practicable after lodging a report fails to inform the employees of the emilee nern sia nome Une e the employer has lodged the public report with WGEA and Sine Way la SIE RRR GL Teor may We aeeessea A relevant employer fails to within seven days take all reasonable steps to inform each employee organisation that has members who are employees of the employer that a report has been lodged A relevant employer fails to make the report dee SSI ONS to SIMCOE SIMEIEIIOCIErS em Kerze the employer within a reasonable timefr
12. a contract with the Australian Government Tenderer An entity or person who has responded with a submission to an approach to market Section 11 Abbreviations and Acronyms CAC Act Commonwealth Authorities and Companies Act 1997 CPRs Commonwealth Procurement Rules FMA Act Financial Management and Accountability Act 1997 The WGE Act Workplace Gender Equality Act 2012 WGEA Workplace Gender Equality Agency 17
13. ame A relevant employer fails to inform employees and each employee organisation that has members who die meloyee Olle Ela aloe es eo eo aaa Osten ealale einer LOC Set inc co AnS Olt tne por may pe alu nenne empleo oe 1 WEA 16B Obligations for relevant employers Circumstances where an organisation may be non compliant Ute tele cme Mel ere aora e loan doo The relevant employer fails to provide sufficient WGEA which has been requested under section 19A information as requested in writing by WGEA following review of the relevant employer s This may include for example compliance with the WGE Act e information that sufficiently addresses the matters in the written notice given by WGEA e true and accurate information or documents in fespOnse one Neca Given Wine e information that substantiates claims made in a SUPE Teor lee e keleselnt ennalenier nes teles to meseta A relevant employer fails to improve against a minimum standard set by the Minister in relation to minimum standard set by the Minister over a 2 Jesse eno pedos Wield ine Haa einmlellonier comparison period of time two reporting periods must improve over a comparison period of time two reporting periods against the base standard of that minimum standard Following the appropriate notice period as required by section 19 2 of the WGE Act non compliant organisations will continue to be named in Parliament and more widely For example WGEA m
14. are subject to the CAC Act CAC Act bodies are legally and financially separate from the Commonwealth but can be directed by the Finance Minister under section 47A of the CAC Act to apply the CPRs in accordance with the CAC Act Procurement Directions if they are listed in schedule 1 to the CAC Regulations Employees For the purposes of these Principles employees are taken to mean those individuals who are employed a under a contract of service whether on a fulltime part time casual or temporary basis or b under a contract for services FMA Act 1997 Agencies FMA agencies All Departments of State Departments of the Parliament and prescribed agencies named in the FMA Act Letter of compliance Issued by the Workplace Gender Equality Agency this letter demonstrates that a potential supplier has complied with their obligations under the WGE Act This letter is supplied at the time of registering with the Workplace Gender Equality Agency and then annually each time the relevant employer submits a compliant report to WGEA Limited tender Involves an agency approaching one or more potential suppliers to make submissions where the process does not meet the rules for open tender or prequalified tender See Division 1 and Division 2 of the CPRs for further information Multi use list A list intended for use in more than one procurement process of pre registered suppliers who have satisfied the conditions for participation on t
15. ay name the employer as having failed to comply with the WGE Act and set out details of the non compliance on WGEASs website or in a newspaper 6 2 Notice of non compliance If a recipient of an Australian Government contract becomes non compliant under the WGE Act and it is a relevant employer during the term of a contract it is obliged to notify the nominated Departmental contact officer 11 Section 7 Frequently Asked Questions For potential suppliers and tenderers Question 1 My organisation had 100 or more employees for a period of five months last year does my organisation need to supply a letter of compliance as part of a submission or prior to entering a contract Answer No Under section 15A of the WGE Act if the organisation had the status of relevant employer for less than 6 months of a particular reporting period the organisation does not need to report to WGEA for that period The organisation is therefore not required to supply a letter of compliance as part of their submission or prior to entering into a contract for that particular procurement process Question 2 How do I obtain a replacement letter of compliance Answer If a letter of compliance is lost or damaged replacement letters of compliance can be obtained by contacting WGEA For Australian Government agency officials Question 3 Do the Principles apply retrospectively Answer No The Principles apply only to all approach to market at or above the
16. e WGE Act Only those tenderers who have indicated they are relevant employers in their Submissions are required to supply a letter of compliance If the tenderer has indicated in their submission a Yes l am a relevant employer have attached a current letter of compliance as part of this submission which indicates my compliance with the Workplace Gender Equality Act 2012 The official will need to check whether the tenderer has provided a letter of compliance with their submission If a letter of compliance has not been submitted as part of the submission the official will need to seek guidance from the relevant procurement area of the Department The official will also need to refer to Departmental guidelines for advice on the appropriate steps for contacting tenderers during a tender process b Yes l am a relevant employer will be providing a letter of compliance prior to contract The official will need to request a letter of compliance from the tenderer prior to contract Officials can refer to section 8 1 3 for advice on what to include in this request Officials should note that if at any time a tenderer becomes compliant with the WGE Act WGEA can issue a letter of compliance c No I am not a relevant employer No further action is required by the official 5 2 3 A simplified flowchart outlining the key steps for consideration in procurement processes undertaken by Australian Government agencies
17. ent that your organisation is a relevant employer for the purposes of the Workplace Gender Equality Act 2012 Cth the WGE Act e Under the WGE Act and the associated Workplace Gender Equality Procurement Principles and User Guide relevant employers are required to supply a letter of compliance with their submission in response to an approach to market issued by Australian Government agencies e Letters of compliance are available from the Workplace Gender Equality Agency WGEA For further information on the coverage of the WGE Act contact WGEA on 02 9432 7000 e Please provide a current letter of compliance to insert name of officer by close of business insert date Model clauses for contracts Australian Government agencies are required to include the following clauses or clauses which have the same effect as the following clauses in all contracts with Suppliers X 1 x 11 X 1 2 X L 5 Workplace Gender Equality Act 2012 Cth This clause X 1 applies only to the extent that the Supplier is a relevant employer for the purposes of the Workplace Gender Equality Act 2012 Cth the WGE Act The Supplier must comply with its obligations if any under the WGE Act Note We note clause X 1 2 may be omitted from this model clause if the terms and conditions contract otherwise requires compliance with the WGE Act If the Supplier becomes non compliant with the WGE Act during the Term of the Contract the Supplier
18. ganisation that is registered with WGEA is non compliant under the WGE Act and Subsequently becomes compliant WGEA will make the letter of compliance available to the organisation within two business days of the organisation being found to comply with the requirements of the WGE Act Section 6 Obligations under the WGE Act for relevant employers and notice of non compliance 6 1 non compliance Obligations under the WGE Act for relevant employers and consequences of The table below summarises the main obligations and circumstances where an organisation may be non compliant with the WGE Act This list is not exhaustive and potential suppliers are obliged to ensure they are compliant with the WGE Act Section 19 of the WGE Act invests WGEA with the power to conduct checks to ensure relevant employers are complying with the WGE Act This may be done on a random basis or in response to information or lack of provided in a report Obligations for relevant employers Circumstances where an organisation may be non compliant elder cubic Soon Un Mao ale To ave me pulcro sidmea by me enel SUM o ice un een Memento confia melo a relating ie me employer and to the gender equality indicators and details of any matters specified in an instrument under RIS TE LENS To inform as soon as practicable after lodging a 2oO le mplereesorn empleo ver a citen LES memes amas e the employer has lodged the public report with W
19. he list Each approach to a multi use list is considered a new procurement Official An employee or official of an Australian Government agency who is responsible for performing duties relating to procurement Open tender Involves publishing an open approach to market and inviting submissions 16 Potential supplier The entity or person who may respond to an approach to market Prequalified tender process nvolves publishing an approach to market inviting submissions from all potential suppliers On a a shortlist of potential suppliers that responded to an initial approach to market on AusTender b list of potential suppliers selected from a multi use list established through an approach to market c list of all potential suppliers that have been granted a special licence or comply with a legal requirement where the licence or compliance with the legal requirement is essential to the conduct of the procurement Procurement threshold A procurement other than one that Is specifically exempt where the value of the goods and services being procured exceeds the relevant procurement threshold outlined in paragraph 3 3 of the CPRs The thresholds beyond which a procurement will be at or above the relevant procurement threshold as specified by the CPRs may be subject to change however as at November 2012 the relevant thresholds including GST are as follows a for FMA agencies other than for procurements of construction se
20. iance either e with their Submission to an approach to market issued by an Australian Government agency or e before entering into a contract with an_Australian Government agency Letter of compliance can be obtained through the Workplace Gender Equality Agency WGEA 1 2 What are the objectives of the Principles The Principles form one component of ensuring compliance with obligations imposed on relevant employers covered by the WGE Act The Principles and User Guide have been developed to assist e potential suppliers tenderers and relevant employers to understand the Australian Government s expectations and requirements for making submissions and or being awarded Australian Government contracts e officials to perform their procurement related duties in accordance with Australian Government policies e Australian Government agencies to ensure the effective and consistent application of this procurement connected policy 1 5 What is the role of the Workplace Gender Equality Agency WGEA WGEA is an Australian Government statutory authority which aims to improve gender equality in Australian workplaces WGEA is responsible for administering the WGE Act which puts a focus on promoting and improving gender equality outcomes for women and men in Australian workplaces A light touch regulator WGEA works collaboratively with employers business and industry offering advice and assistance including access to training
21. ill need to seek assistance from their internal procurement area or seek legal advice on whether the tenderer has made an incomplete submission and whether further consideration of the submission is necessary For specific information concerning the Australian Government procurement connected policy associated with the WGE Act contact the Australian Government Office for Women on 1300 653 227 Question 7 Do the Principles apply to Deed of Standing Offer arrangements Answer Yes The Principles apply to all deed of standing offer arrangements Model clauses can be found at Section 8 however these clauses have been drafted specifically for contracts These clauses will need to be amended accordingly for deed of standing offer arrangements 15 Section 8 Model clauses for Australian Government agencies 8 1 8 1 1 8 1 2 14 Model clauses for request documentation Australian Government agencies are required to include the following statements and declaration or statements and clauses which have the same effect in all request documentation at or above the relevant procurement threshold Note These model clauses are drafted for contracts and will need to be amended accordingly for deeds of standing offer arrangements X 1 Workplace Gender Equality Act 2012 Cth X11 Commonwealth policy prevents the Commonwealth from entering into contracts with suppliers who are non compliant under the Workplace Gender Equality Act 2012 C
22. ntract Compliance policy which has been connected to the WGE Act and its predecessors since 1993 The Principles have been developed as part of the Governments commitment to fairer and more consistent measures for ensuring the Government only deals with organisations who comply with the WGE Act These Principles are a procurement connected policy of the Australian Government and are therefore 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 Government This User Guide describes the roles and responsibilities of those organisations that are required to apply the Principles It also sets out the model clauses for use by Australian Government agencies These model clauses can be found under Section 8 Note The terminology used throughout the Principles and the User Guide are consistent or have the same meaning as Appendix C Definitions of the Commonwealth Procurement Rules CPRs or the WGE Act where applicable The complete glossary can be found in Section 10 1 1 What are the Workplace Gender Equality Procurement Principles To be considered for Australian Government procurement contracts valued at or above the relevant procurement thresholds all relevant employers must be able to demonstrate they are compliant with the WGE Act by supplying a letter of compl
23. online tools and resources to promote and improve gender equality in their workplaces WGEA also works collaboratively with professional associations academics and researchers equal opportunity networks and women s groups WGEA presents at workshops face to face and online conferences industry forums and networking events and webinars The Agency was formerly known as the Equal Opportunity for Women in the Workplace Agency Under the direction of the Minister with portfolio responsibility for the operations of WGEA WGEA has responsibility for promoting and facilitating the implementation of the Principles For information on how to contact WGEA refer to section 9 Section 2 Background 2 1 The Workplace Gender Equality Act 2012 the WGE Act The WGE Act received royal assent on 6 December 2012 The WGE Act provides a regulatory framework for the Australian Government to assist employers to improve gender equality outcomes within their workplaces Relevant employers failing to comply with their obligations under the legislation may not be eligible for Government contracts under the Australian Government procurement framework The WGE Act and its predecessors the Equal Opportunity for Women in the Workplace Act 1999 and the Affirmative Action Act 1986 have formed important components of Australia s approach to removing obstacles to women s employment for over 25 years Section 3 When do the Principles come into effect
24. part of the Tenderer s Declaration Workplace Gender Equality Act 2012 Cth Under Australian Government procurement policy you are obliged to indicate whether or not your organisation Is covered by the Workplace Gender Equality Act 2012 Cth the WGE Act Your organisation is covered by the WGE Act if it is a relevant employer defined as being a non public sector employer including higher education institutions trade unions and not for profit organisations of 100 or more employees in Australia For information about the coverage of the WGE Act contact the Workplace Gender Equality Agency on 02 9452 7000 a Yes l am a relevant employer have attached a current letter of compliance as part of this submission which indicates my compliance with the Workplace Gender Equality Act 2012 b Yes lam a relevant employer will be providing a current letter of compliance prior to contract c No lam not a relevant employer 8 1 3 If the tenderer has indicated in their submission they are b a relevant employer but will be providing a letter of compliance prior to contract the official must contact the tenderer and seek a letter of compliance before entering into a contact with the tenderer The notification to the tenderer should include the following points 8 2 8 2 1 8 3 8 3 1 e You have indicated in your submission for insert details of request documentation with the insert name of Departm
25. rvices the procurement threshold is 80 000 b for relevant CAC Act bodies other than for procurements of construction services the procurement threshold is 400 000 or c for procurements of construction services by FMA agencies or CAC Act bodies the procurement threshold is S9 million Relevant employers Employers covered under the Workplace Gender Equality Act 2012 for reporting purposes The WGE Act applies if a non public sector employer is a higher education institution or a natural person or a body or association whether incorporated or not that employs a total of 100 or more employees in Australia For the purposes of these Principles relevant employers are taken to mean those employers with a total of 100 or more employees across all Subsidiaries within an organisation structure Request documentation Documentation provided to potential suppliers to enable them to understand and assess the requirements of the procuring agency and to prepare appropriate and responsive submissions This general term includes documentation for expressions of interest multi use lists open tender prequalified tender and limited tender Submission Any formally submitted response from a potential supplier to an approach to market Submissions may include tenders responses to expressions of interest applications for inclusion on a multi use list or responses to request for quote Supplier An entity or person who has entered into
26. se organisations with obligations under the Act who seek to participate in procurement processes with the Government The Government recognises the importance of striking the right balance between the need to drive and encourage cultural and attitudinal change within organisations and across the community and ensure regulatory burden is effective and efficient The revised policy signifies the Government s commitment to ensuring Australian workplaces reflect and support gender equality through the promotion of long term and sustainable cultural change Improved gender equality is a central objective of the Government and these Principles will support and help drive this goal to achieve improved outcomes for women and men in Australian workplaces The Hon Julie Collins MP Minister for the Status of Women Minister for Community Services Indigenous Employment and Economic Development Workplace Gender Equality Procurement Principles and User Guide Contents Section Introduction AAPP A 1 11 What are the Workplace Gender Equality Procurement Principles eeeeen 1 Es Wrnatare ine objectives St Me ICONS ern a an enden 1 1 4 What is the role of the Workplace Gender Equality Agency WGEA nnen 2 Section AG EO UN ne naeh Eee ee 2 21 The Workplace Gender Equality Act 2012 the WGE Act 2 Section When do the Principles come into CFEC ooo see 3 Section SCOpe ofthe Principles AP nn ee 3 Ar WAG TNS ISO PNC rs
27. t submits a compliant report to WGEA 5 1 4 Asimplified flowchart of the procurement process for potential suppliers and tenderers under the Principles Note The following flow chart assumes that the Model Clauses are used and that compliance with the Principles is not a Condition of Participation Is your organisation a relevant employer under the Workplace Gender Equality Act 2012 Cth the WGE Act A relevant employer is defined as being a non public sector employer including higher education institutions trade unions and not for profit organisations of 100 or more employees in Australia Your organisation is not obliged to provide a letter of compliance for a relevant Australian COVEN Teint Beochement Is the approach to market for which you are preparing a Submission at or above the relevant procurement threshold Your organisation is not obliged to provide a eine or Colm alleine do als roca Has your organisation received a letter of compliance from WGEA that can be provided with your submission Your organisation will be able to comply with lie Pieces Tous process The Australian Government will not be able or NIE toco itn Olinger tals O Hae gaT REIT Is your organisation able to obtain the letter of compliance from WGEA before the date of contract Your organisation will comply with the PAES Or das po css 5 2 5 2 1 5 2 2
28. th the WGE Act The Draft Contract requires that in performing any contract a successful tenderer must a comply with its obligations if any under the WGE Act and b if the Term of the Contract exceeds 18 months the successful tenderer must provide a current letter of compliance within 18 months from the Contract Commencement Date and following this annually to the Department Contact Officer or insert other position X 1 2 Successful tenderers should note that if during the term of the Contract the Supplier becomes non compliant with the WGE Act the Supplier must notify the Department Contact Officer or insert name of other position For further information about coverage of the WGE Act contact WGEA on 02 9432 7000 X 1 5 Tenderers must indicate as part of the tenderer s response at Schedule 9 Tenderer s Declaration or insert reference of where the lenderer s declaration will be made in the request documentation whether or not the organisation is a relevant employer under the WGE Act and if applicable provide a current letter of compliance as part of their Tender submission or prior to entering into contract Australian Government agencies are also required to include a yes no box as part of request documentation for procurements at or above the relevant procurement threshold which will enable the potential supplier to indicate whether or not they are a relevant employer under the WGE Act for example as
29. the procurement policy TTT a EI HE eke nel SU Ollie e ec Kee Ue Yes am a relevant employer will be providing a et FO comp TE pI or tO coma trino their submission ne amas will SEE to e E ea CUTE T conil cs Mon Une reno ere o onto conta maes snovle era to euon us for advice on what to include in this request 5 35 3 9 1 Roles and Responsibilities Tenderers and Aust Govt agencies Workplace Gender suppliers and officials Equality Agency Workplace Gender Equality Agency WGEA WGEA will issue a letter of compliance to A Newly registered organisations WGEA will supply a letter of compliance to organisations that have registered with WGEA for the first time usually within two business days of registration The letter of compliance will specify a date by which the organisation must submit a report to WGEA for review The timing of reporting for those relevant employers reporting for the first time will vary from between six and eighteen months dependent upon the time in the reporting cycle The organisation may be found non compliant with the WGE Act following review of the report or by failing to submit a report to WGEA within the agreed time B Compliant organisations WGEA will supply all reporting organisations that are compliant with the WGE Act with an annual letter of compliance C Organisations that are non compliant under the WGE Act that subsequently become compliant Where an or
Download Pdf Manuals
Related Search