From 1 January 1993 all organisations that fail to comply with the Affirmative Action (Equal Employment Opportunity for Women) Act 1986, now the Equal Opportunity for Women in the Workplace Act 1999, have been ineligible for government contracts and other specified forms of government assistance.

A summary of the operational details of the policy are as follows:

• The policy affects organisations covered by the Act that have failed to submit an annual report or have submitted an inadequate report to the Agency and have therefore been named in Parliament.
  
• Parent organisations are named in Parliament if a subsidiary organisation has failed to report or has submitted an inadequate report to the Agency. Consequently the policy impacts on the parent and that subsidiary, including branches in each state unless they have been otherwise covered by another affirmative action report.
  
• Commonwealth departments and agencies will not enter into contracts for the purchase of goods and services from organisations that have been named in Parliament for non-compliance with the Act.
  
• In addition, organisations that have been named in Parliament for non-compliance with the Act will not be eligible for grants under specified industry assistance programs. The industry assistance programs affected are those discretionary grant and loan programs operating through administrative guidelines rather than legislative criteria and which involve financial assistance provided directly by the Commonwealth. Industry assistance programs affected by the policy as at December 1992 are listed in Industry Assistance Programs Covered.
  
• Contractors are required to appoint subcontractors who comply with their affirmative action obligations.
  
  

For more detail of the Contract Compliance Policy, please see the relevant sections:

Introduction
Organisations affected by the operation of the policy
Industry Assistance
Implementation
Industry Assistance Programs Covered

Introduction

The Federal Government will not do business with organisations which fail to comply with the Equal Opportunity for Women in the Workplace Act 1999. From 1 January 1993 all organisations covered by the Act have been required to comply with the Act's reporting requirements as a condition for:

• qualifying to supply to government;
• receiving designated industry assistance.

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Organisations affected by the operation of the policy

The policy applies to all organisations covered by the Act. The Act covers:

• Private sector organisations, unions, group training companies, community organisations and non-government schools with 100 or more employees, 
  
• All higher education institutions.

The policy affects those organisations which fail to comply with the Act. In order to comply an organisation must develop and implement an equal opportunity workplace program and report on progress annually to the Director. Organisations which fail to comply or submit an adequate report are named in the Director's Annual Report which is tabled in Parliament by the Minister for Employment and Workplace Relations.

The policy applies to the purchasing of goods and services by all Commonwealth departments and agencies, with or without a written contract. Government Business Enterprises and statutory authorities with independent boards are also encouraged to adopt the policy.

Where purchasing occurs without a written contract, purchasing officers need to check if the intended supplier is non-compliant by checking the list of non-compliant organisations provided by the Equal Opportunity for Women in the Workplace Agency. If so, another supplier is to be chosen.

In the case of purchasing through written contracts, the following standard clauses are to be included in requests for offers:

Your attention is drawn to the obligations of certain employers under the Equal Opportunity for Women in the Workplace Act 1999 ("the Act"). Enquiries by prospective bidders for further information about the legislation should be directed to the Equal Opportunity for Women in the Workplace Agency on (02) 9432 7000.

The Commonwealth Government has directed its staff not to purchase goods or services from suppliers who do not comply with their obligations, if any, under the Act. It will be a term of the contract with the successful bidder that it complies with it's obligations, if any, under the Act.

A further term of the contract will be that the contractor does not enter under a subcontract with a non-complying supplier.

If you are currently named as non-compliant under the Act you must submit a compliant report and will subsequently obtain a letter of compliance from the Director. This letter of compliance must either accompany any offer you make to the Commonwealth or be provided to the Commonwealth prior to the date by which offers are to be accepted.

When offers are received, the purchasing officer will need to check if any of the suppliers are on the list of non-compliant organisations provided by the Equal Opportunity for Women in the Workplace Agency. If the organisation is on the list then the organisation should be given the opportunity to become compliant with the Act and its offer reconsidered if possible within the purchaser's time constraints. The potential supplier should be advised that if they wish to be considered for contracts they should contact the Equal Opportunity for Women in the Workplace Agency. If the organisation then complies with the requirements of the Act the Agency will provide the supplier with a letter (within 48 hours of acceptance of the supplier's equal opportunity workplace program report) indicating their change of status.

All contracts should include the following clauses:

The contractor must comply with its obligations, if any, under the Equal Opportunity for Women in the Workplace Act 1999 ("the Act"). Information about the legislation can be obtained from the Equal Opportunity for Women in the Workplace Agency on (02) 9432 7000 or on this website.

The contractor must not enter into a subcontract under this contract with a subcontractor that is currently not complying with the Act.

If in the course of fulfilling a contract a supplier fails to comply with the Act, the contractor is to be sent a notice in writing advising that failure to comply constitutes a breach of the contract and that the supplier should contact the Equal Opportunity for Women in the Workplace Agency for information on the Act's compliance requirements.

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Industry Assistance

The industry assistance element of the policy applies to discretionary grant and loan programs:

• operated through administrative guidelines rather than legislative criteria; and
• which involve provision of financial assistance directly by the Commonwealth rather than through State Governments and community organisations.

The policy covers the programs set out in Attachment 2 and new programs implemented after 1 January 1993 which meet the above criteria.

Eligibility criteria for affected industry assistance programs are to include information about the policy which covers the following clauses;

Your attention is drawn to the obligations of certain employers under the Equal Opportunity for Women in the Workplace Act 1999 ("the Act"). Assistance will not be made available through (name the program) to employers who do not comply with their obligations, if any under the Act. Information about the legislation can be obtained from EOWA on (02) 9432 7000.

It will be a term of the arrangement with the recipient of program funds that it will comply with its obligations, if any, under the Act.

If you are named as a non-compliant organisation under the Act and you become compliant within the following twelve months, the Equal Opportunity for Women in the Workplace Agency will provide you with a written confirmation of compliance. This letter of compliance should then accompany any application that you lodge for the (name the Program) in the twelve month period after the date on which you were named in an annual report of the Director as non-compliant.

The program officer should check if any of the applicants for program assistance are on the list of non-compliant organisations provided by the Equal Opportunity for Women in the Workplace Agency. If the applicant is a non-compliant organisation then the organisation should be advised that if they wish to be eligible for program assistance they should contact the Equal Opportunity for Women in the Workplace Agency for information on the steps to be take to comply.

All industry assistance program arrangements should include the following clause:

The recipient of funds under (name the Program) must comply with its obligations under the Equal Opportunity for Women in the Workplace Act 1999 ("the Act"). Information about the Act can be obtained from the Equal Opportunity for Women in the Workplace Agency on
(02) 9432 7000.

If a recipient of industry assistance program funds breaches the terms of their arrangement by becoming non-compliant with the Act, the recipient is to be sent a notice in writing bringing to their attention that their failure to comply constitutes a breach of the terms of the arrangement and that they should contact the Equal Opportunity for Women in the Workplace Agency for information on the steps to be taken to comply.

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Implementation

The policy began operating on I January 1993 for all purchasing commenced after that date, and for the provision of industry assistance under designated programs after that date. The policy affects those organisations named in the Agency's most recent Annual Report for not complying with the Act.

The Equal Opportunity for Women in the Workplace Agency writes to all portfolio Secretaries regularly with an updated list of non-compliant organisations. There is also an onus on the organisations themselves to advise departments and agencies of their changed status. Once a non-compliant organisation complies with the Act the Agency will supply them with a letter confirming that they have complied.

The Minister for Finance issued a direction giving effect to the purchasing element of the policy under regulation 1 27A of the Finance Regulations which was notified in Finance Circular No. I of January 1993.

Ministerial directions are required for some programs under the industry assistance element of the policy.

Further information about the policy can be obtained from the Equal Opportunity for Women in the Workplace Agency. Contact EOWA's Compliance Advisory Team on (02) 9432 7000.