5 March 2009
The Deputy Prime Minister, the Hon Julia Gillard MP, wrote to her State and Territory Workplace Relations colleagues on 10 February 2009 advising that the Australian Government had agreed to make changes to the application of the Code and Guidelines at the request of State and Territory Governments.
Based on the Deputy Prime Minister’s decision, and consistent with the Code and Guidelines, entities operating within the States’ workplace relations jurisdictions will be considered to be in compliance with the Code and Guidelines when they can demonstrate they are complying with their legal obligations set out in relevant legislation, applicable court and tribunal orders, directions or decisions or industrial instruments; and all elements of the Guidelines which do not conflict with their legal obligations. Entities will also be required to confirm that they are not subject to any side deeds (including unregistered agreements) which conflict with their legal obligations or the Code and Guidelines.
The practical affect of this policy change is that many businesses lawfully operating within the States’ workplace relations jurisdictions that have previously been unable to tender for Commonwealth funded construction work may now do so.
Specifically the Code and Guidelines will not be seen to override state and territory industrial instruments
DEEWR will continue to provide written assessments, on request, of entities’ Code and Guidelines compliance.
For further information please contact;