7.1 Contractors, subcontractors, agents and suppliers
The Queensland Government and other signatories are committed to the implementation of this Code.
Breaches of this Code through non-compliance will result in sanctions being imposed. These may include:
- commercial sanctions
- remedies under the contract
- penalties applicable under the relevant law or statute.
When a breach of this code is detected, where practicable all available sanctions must be imposed on the service provider found in breach by the government agency or other signatory.
Breaches must also be reported to the Chief Industrial Inspector, Department of Employment Training and Industrial Relations within three months of the breach being detected. Where a breach is reported, government agencies and other signatories must advise the Chief Industrial Inspector what sanctions have been imposed as a result within three months of the report. The Implementation Guidelines that accompany this code give examples of the types of breaches that may be encountered and indicate their relative seriousness and suggest an appropriate level of commercial sanction. Where the union reports a breach, government agencies and other signatories must advise the union what sanctions have been imposed as a result within three months of the report. Discussions should take place between the agency or other signatory and the union regarding the seriousness of the breach and the appropriate sanctions to be applied.
Commercial sanctions
Commercial sanctions for breaches of the Code are based on the Governments and other signatories rights as clients to choose who they do business with. Sanctions will depend on the nature and seriousness of the breach and on the lack of commitment shown to the requirements of the Code. The sanction imposed may involve:
- a formal warning
- partial exclusion from tendering for a specified period up to three months, ie a reduction in the number of tendering opportunities
- full exclusion from tendering for any work for a specified period up to three months.
Any service provider partly or fully excluded from tendering under this code must be informed of their exclusion and given an opportunity to provide evidence of gaining compliance with this code after the expiry of the specified period of exclusion.
If the service provider presents satisfactory evidence of compliance to the client agency or signatory either direct or via the Department of Employment Training and Industrial Relations or the union at that time, the exclusion should terminate. If satisfactory evidence of compliance is not produced then the exclusion shall continue until such evidence is produced.
The identity of any service provider excluded from tendering to any Government agency or other signatory for serious or repetitive breaches of this code will be communicated to all other Government agencies and other signatories via the Chief Industrial Inspector, Department of Employment, Training and Industrial Relations.
Contractual remedies
Government agencies & other signatories may choose to exercise the right to seek remedies under relevant clauses of the contract.
Legal remedies
Where it is suspected that a breach of the Code also involves an infringement of law or statute, the matter will be referred to the relevant enforcement agency, eg the Queensland Department of Employment, Training and Industrial Relations or Federal Department of Employment, Workplace
Relations and Small Business, or WorkCover Queensland.
Last updated May 18, 2005
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