The scope of the contract is to prepare a set of Model Rules for registered organizations. It must be a user-friendly resource for current and prospective organizations that will assist organizations to create rulebooks and rule change applications that achieve optimal compliance. The model rules should be drafted in plain language, use a logical structure that groups like topics, number rules to assist with navigation and cross-referencing and provide definitions and/or instructions to assist the user.

The model rules must:

• comply with the requirements of the Fair Work (Registered Organizations) Act 2009 and associated case law,

• recognize practical requirements,

• embed good governance into organizational practices, and

• improve efficiencies in preparing applications to, and processing rules matters by, the Customer.

The rules must be accompanied by relevant case law and legislative references in an annotated or bench book format that will support an understanding and use of the model rules.

The preparation of the model rules must include stakeholder engagement by the due dates specified with:

• the Customer and its subject matter experts

• the Department of Employment and Workplace Relations

• the Australian Electoral Commission

• the Customer’s Registered Organizations Advisory Committee

• the Customer’s Compliance Practitioners Reference Group and

• a small number of organizations that are representative of the regulated community who may volunteer to participate in, or provide feedback to, the project.

Other Instructions:

Suppliers must respond to each of the following Evaluation Criteria for the Customer to assess the most suitable provider to undertake the request Services:

1.1 Criteria one: Potential Suppliers’ Experience 30%

Please provide details of demonstrated capability of the potential supplier in providing similar or related services in Part 4 of the Suppliers’ responses.

1.2 Criteria two: Experience and Availability of Specified Personnel/Subcontractors 30%

Please nominate Specified Personnel and any Subcontractors proposed for the requested Services, together with their availability to provide the Services and a summary of their skills, qualifications and experience in Part 4 of the Supplier’s responses.

1.3 Criteria three: Project Plan 40%

Please submit a project plan detailing the proposed methodology and timetable for the provision of the requested Services, together with any perceived risks that may affect the delivery of those Services and a strategy to mitigate those risks in Part 3 of the Supplier’s responses.

1.4 Criteria four: Pricing

Please submit a total price and complete Part 5 of the Supplier’s responses

1.5 Conflict of Interest

Please advise whether any real or apparent Conflict of Interest exists or is likely to arise during the performance of the requested Services, and if so, what that conflict is in Part 4 of the Supplier’s responses.

The Supplier will provide useful and relevant commentary to the end user about the purpose of the features of the model rules. The supplier can provide commentary either by annotating the model rules, by referring to a separate caselaw benchbook which the Supplier will also provide, or both. The annotations and/or benchbook will include appropriate authorities and/or previous decisions.

Where appropriate, the annotated rules / benchbook can use existing certified rule(s) of a registered organization where the Supplier believes that the rule is a fit-for-purpose example that may be informative to the end user.

The model rules should be in plain language, clear and easy to understand (including in the day-to-day operation of registered organizations that adopt some or all of the model rules). The model rules should utilize behavioral insights about how people learn and use information to make the document easy to understand and use.

The model rules must model best practice; high standards of accountability for organizations and their officers to their members; provide for the democratic functioning and control of organizations; and seek to embed within organizations a culture of good governance.

The model rules must be compatible with, refer to and consider the approach to the publication of model rules by the Australian Electoral Commissioner, including the AEC Model Rules Guide.

The model rules must comply with and not be contrary to the Fair Work (Registered Organizations) Act 2009, the Fair Work Act 2009, modern awards and enterprise agreements, and not be otherwise contrary to law.

Conditions for Participation:

All data to be kept in Australia

Timeframe for Delivery:

- Anticipated contract commencement: 12 February 2024

- Agreement of a decision tree/outline of the content of the model rules: 8 March 2024

- Stakeholder engagement facilitated by Supplier: 28 March 2024

- First draft provided by Supplier to Customer: 13 May 2024

- Customer feedback on first draft provided to Customer: 14 June 2024

- Consultation draft provided by Supplier to Customer: 5 July 2024

- Consultation feedback provided to Supplier: 31 July 2024

- Provision of final draft module rules by Supplier: 16 August 2024

- Acceptance of final draft by Customer: 30 August 2024

Estimated Value (AUD): From $55,000.00 to $80,000.00

Address for Lodgement:

Finance and Resources - Tender box

Level 4, 11 Exhibition Street, Melbourne VIC 3000