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Site Managers Your role and the Victorian Code 2014 Site Managers must ensure onsite practices comply with the Victorian Code of Practice for the Building and Construction Industry 2014 (Victorian Code). Right of entry A union official may have a right of entry in these four circumstances: The Victorian Code establishes minimum standards that parties must meet to conduct Victorian Government building and construction work. investigating a breach of workplace law; holding discussions with employees; assisting the workplace Health and Safety Representative; or producing a Notice of Suspected Contravention (also known as a ARREO notice – Authorised Respresentative of Registered Employee Organisation). Inductions To ensure compliance with the Victorian Code The Victorian Code requires site inductions to be undertaken by site management. You must not allow employee representatives or officers of a union to undertake induction processes. What is the Victorian Code? Induction forms must not require an employee to identify their union status. You should always request and view the federal entry permit, and the State OHS entry permit if applicable; You must refuse entry if the union official does not have a valid reason to enter, or does not meet the requirements for entry; and You must not invite a union official onto site. Freedom of association Drug and alcohol testing All employees and contractors have the right to freedom of association, this means that: The Victorian Code requires head contractors to have an approach to managing drug and alcohol issues in the workplace that helps to ensure that no person attending the site is under the influence of drugs or alcohol. A person has a right to choose to be or not to be a member of a union. A person is not required to be a member of a particular union to work on a site. An employer also has the right to choose whether to join an employer association. Industrial action The Victorian Code requires head contractors to: take all reasonable steps to resolve industrial action which adversely affects, or has the potential to adversely affect, the delivery of the project or other related contracts on time and within budget; prevent or bring to an end unprotected industrial action occurring on, or affecting, the project, including by pursuing legal action where possible; AND report any threatened or actual industrial action that may impact on the project, project costs, related contracts or timelines to the CCCU within 24 hours. Reporting requirements Head contractors must notify the CCCU and the client agency of a breach, or suspected breach, of the Victorian Code with 24 hours. This notification should include details of the circumstances and remedial action taken. Reports should be made in writing to the CCCU email at [email protected] WRMP Where the total value of the construction project is $10 million or more a Workplace Relations Management Plan (WRMP) will be in place. The WRMP outlines how a head contractor will meet the objectives of the Victorian Code on that project. The Victorian Code requires head contractors to comply with their WRMP. Site security The Victorian Code requires head contractors to implement site security and risk management processes and procedures to maintain the integrity of the site. This material is for general information only. You should seek legal advice in relation to your particular circumstances. The Victorian government and its employees do not accept liability for action taken in reliance on this document and disclaim all liability from any error or omission. Last updated: October 2014 Workplace safety Consequences for breaching the Victorian Code A head contractor must comply with relevant OHS legislation, regulation and codes. The CCCU will report all proven breaches of the Victorian Code by head contractors to the Minister for Finance. Where the total value of the construction is $10 million or more a Health and Safety Management Plan (HSMP) will also be in place. In respect of proven breaches sanctions may include: The Victorian Code requires head contractors to comply with their HSMP. Dispute settlement All reasonable attempts must be made to resolve grievances or matters under dispute at the workplace between the appropriate level of management and employees, and where applicable, union or other representatives. Subcontractors Head contractors must ensure all subcontractors on public building and construction projects comply with the Victorian Code. Compliance audits The Victorian Code requires head contractors to allow Victorian government authorised personnel to monitor and investigate compliance on all applicable projects. Authorised personnel from the Construction Code Compliance Unit (CCCU) may attend your project at any time to conduct an audit to establish if the head contractor is compliant with the Victorian Code. This includes compliance with any applicable WRMP or HSMP. Victorian Government authorised personnel are allowed to: access sites, documents and personnel; inspect any work, material, machinery, appliance, article or facility; inspect and copy any record relevant to the project; and interview any person. As part of an audit authorised personnel will attend the building site and meet with members of site management to discuss onsite practices, and review relevant documentation formal written warning; referral of information to the relevant industry organisation; reduction in tendering opportunities; reporting the breach to an appropriate statutory body; and publicising the breach and identity of the head contractor. The CCCU will work with head contractors and site managers to ensure they meet their responsibilities under the Victorian Code. For further information on the Victorian Code contact: CCCU hotline Website Email address 1800 VIC CCC (1800 842 222) www.dtf.vic.gov.au/viccode [email protected]