Update 3 - January 29, 2010
During 2009, the ACTU, the VTHC, and our affiliated unions made an enormous effort to ensure that the harmonisation process would deliver the highest possible standards of OHS rights and protections for Australian workers. This included developing thorough and detailed submissions, a media campaign and protest rallies, meetings between senior ACTU and union officials and ministers. Unfortunately, it soon became clear that our battle would be one of
maintaining current protections - though COAG had given a commitment that there was to be no reduction in standards at the beginning of the process.
There were many aspects of the model Act that was released for public comment that were of great concern to us (see
Update 2).
Regrettably, despite our efforts, on 11 December the Workplace Relations Ministers Council (WRMC) approved a model Act we consider unsatisfactory. This is despite the ACTU representatives on SWA not agreeing to the final 'package'. The model
Work Health and Safety Act can be downloaded from this page of the SWA website. The model is now a bill which is likely to be introduced to the federal parliament during the first half of this year. The ACTU Executive has resolved that it will continue its campaign to achieve our OHS objectives.
Some of our concerns with the model include:
- A duty on workers to comply with
“any reasonable policy or procedure of the person conducting the business or undertaking (PCBU) relating to work health or safety that has been notified to workers.” The effect of this clause is that it makes anything 'reasonable' the employer decides is policy or procedure LAW. And who decides what is 'reasonable'?
- Continued confusion with regard to the powers of health and safety reps – the model Act continues to refer to ‘functions’, which suggests that reps have ‘duties’.
- Any person still has the right to seek disqualification of an elected rep
- Continued confusion over the RIGHT of a rep to seek the assistance of any person as opposed to union right of entry provisions
- Potential for reps to have to wait for 3 months before being permitted to attend training course of their choice. Reps will still be unable to issue PINs or Cease Works until they have completed their training.
The focus of SafeWork Australia (SWA) and the jurisdictions is now on the development of draft model regulations and codes of practice, designed to replace the current regs and codes in Victoria and around Australia. Once again the process extremely difficult and certain decisions being made, should they be translated into the model regulations, will certainly reduce the current standards in Victoria.
Stay informed through the OHS Reps@Work website and items in SafetyNet.