The annual VTHC OHS Reps' Conference 2011 was held on Wednesday October 19, during Victoria's Work Safe Week. Held at the Melbourne Convention Centre, at South Wharf, it was once again the biggest event of the week.
There were a number of sessions, and we have listed these and the speakers/panel members below. The speakers presentations which were made available can be downloaded by clicking on the link.
Session 1 - Opening and Introduction (Mr David Cragg); WorkSafe Deputy Chief Executive and Director, Health and Safety, Mr Ian Forsyth
Session 2 - Model health and safety legislation - where is it up to?
Session 3 - Bullying: a growing and serious workplace issue
Session 4 - WorkSafe Inspectors
- what we look for and what we expect
David Cragg, the VTHC Assistant Secretary opened the conference and welcomed the almost 1000 health and safety reps, deputies and committee members who attended. He also presented the first speaker, Mr Ian Forsyth, Deputy Chief Executive and Director, Health and Safety of WorkSafe Victoria.
David Cragg's Address to Conference:
Welcome to the 2011 VTHC OHS Reps’ Conference
I’d like to start by thanking Worksafe Victoria for co-sponsoring this major event with us.
This seminar is again the largest gathering of OHS Reps in Australia, and probably the world, and is an event that I know you look forward to and value every year. It is also an event that unions have valued, supported and promoted.
Thank you for your on-going commitment particularly those who join us from regional areas – I understand we have participants from as far as Warnambool and even NSW.
Last year we celebrated 25 years since the introduction of the first Victorian OHS Act created by John Cain’s government in 1985 and we celebrated the crucial role that health and safety reps such as yourselves have played in that time to ensure that Victoria’s workplaces are healthier and safer than what they would have been without you.
This year we were to mark the last year of our current OHS Act and prepare for the introduction of the Work Health Safety Act – the model health and safety Act to be introduced by all the states and territories in Australia on 1 January 2012.
This is not going to happen in Victoria as planned – not yet at least. Up until just a few weeks ago, we believed we would be giving you much of the detail regarding the Work Health Safety Act – the model harmonised health and safety Act – and the regulations and codes. However, on September 28, the Minister and Assistant Treasurer Mr Gordon Rich-Philips issued a
Media Release in which he announced that Victoria would not be able to meet the January 1, 2012 implementation date. The main reason for this is that Regulatory Impact Statement done by Safe Work Australia on the model regulations does not satisfy Victoria’s requirements, and consequently more work had to be done to properly ‘quantify the impacts on Victoria’. This process will certainly take some months, he said, and only after it is complete will the Victorian government be in a position to make decisions on how to proceed.
This news capped off a particularly difficult couple of years for us as unions in general, and for our occupational health and safety staff in particular. Much hard work has been done to go through the draft Act, regulations and codes with a fine tooth comb, consult with members and between affiliates, and prepare very detailed submissions – in my view amongst the best submissions made to Safe Work Australia.
The announcement has left us in a sort of limbo – while we’ve been fighting hard to ensure that the harmonised ‘package’ of laws would not reduce the current levels of controls in Victorian workplaces and protections for Victorian workers, we were also fighting to have some improvements. Up until recently, Victoria’s regulator, the Victorian WorkCover Authority, kept us and the employer organizations in the loop: it took the community with them in the development of its positions and views it put at the national forums. We hope that we and the employers will be fully involved and consulted in the next few months as the government and the regulator carry out their deliberations on the implications to Victoria if the harmonized regulatory package is introduced – and on any changes that might be made.
You’ll be hearing more about the model laws and harmonisation in the first couple of sessions.
But whatever happens, be assured that we will fight to ensure that the government keeps its commitment to maintain our current OHS standards.
The other themes the conference will be dealing with are issues of great importance to Health and Safety reps – Bullying and Inspectors.
On bullying - according to surveys and reports bullying in the workplace is increasing and consequently is of increasing concern to HRS and unions. While we acknowledge it is a difficult issue for everyone - workers, HSRs, unions, employers and government - its debilitating and potentially tragic effects mean it must be dealt with better than it is dealt with now.
Unions will continue to campaign on bullying, and take the issue to WorkSafe as the regulator. Our fear is that it will continue to be dealt with badly, as ‘too hard’.
The other theme is on inspectors – what they look for, what they do, what the processes are to get issues dealt with – and you’ll hear about some on the ground experiences.
I would like to thank and acknowledge our other sponsors:
- Industry Super Funds: AustralianSuper and CBus
- MEBank – the members’ bank; and
- Law firms:
- Adviceline Injury Lawyers – who are also organizing the raffle;
- Slater and Gordon – who have also provided the seat prizes; and
- Ryan Carlisle Thomas – who have also sponsored the two coffee carts
Finally I would like to thank the OHS Officers Committee of Trades Hall and the staff of the OHS Unit for their hard work
in organizing today’s conference. I hope you find the day valuable and look forward to your continued commitment on behalf of those you represent to improving health and safety standards in our workplaces.
And now, following a long-standing tradition in which the Executive Director Health and Safety of WorkSafe Victoria provides a ‘Report Card’ on the regulator’s activities, I have much pleasure in welcoming Mr Ian Forsyth. At the end of his presentation, Ian has agreed to take questions from the audience.
Session 2 - Harmonisation of health and Safety legislation
The session dealt with the national exercise in harmonising health and safety legislation - where it's up to, what Victoria is doing, and so on. In this session the participants heard from the following speakers:
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Ms Tracey Browne:
National WHS Laws and Victorian OHS Laws
Tracey is the Manager, National OHS Policy and Membership Services, Australian Industry Group and is part of Ai Group’s national team focusing on Occupational Health and Safety and Workers Compensation. The team provides membership, consulting and training services across the full range of OHS and workers compensation issues. Ms Browne's Presentation
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Ms Kath Fawcett: Harmonisation or Discord?
Kath is a former Partner of Slater & Gordon, Kath has returned to the Firm as a consultant. Kath has over eleven years experience as an industrial and employment lawyer for Slater & Gordon in Victoria and Western Australia, as National Industrial Officer of the TCFUA, and in a senior legislative and policy role at Workforce Victoria. Since returning to Slater & Gordon she has been involved in reviewing and providing drafting advice in relation to the model Work Health and Safety regulations for Safe Work Australia. Ms Fawcett's Presentation
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Ms Cathy Butcher: Harmonisation of OHS Laws. Keep calm and carry on?
Cathy has been the coordinator of the OHS Unit at the Victorian Trades Hall Council for 11 years. She has a passionate interest in working on behalf of unionists and is now representing the VTHC generally in negotiating national legislation and a national OHS framework that protect the standards fought for in Victoria and represents the best protection for workers. She is also one of the key ACTU representatives in this process at the Safe Work Australia SIG. Ms Butcher's Presentation
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Ms Linda Timothy, Director of National Health and Safety Reform at WorkSafe Victoria, participated in the panel discussion following the above presentations, to answer questions from the audience. Prior to her current position, Liinda she headed up WorkSafe's Accident Compensation Act Review team and was part of the Secretariat that supported Peter Hanks QC in his review of the Accident Compensation Act. Linda has been with WorkSafe for the past 12 years in various legislative reform and policy roles
Session 3 - Bullying: a growing and serious workplace issue
The third session of the conference was on Bullying - an issue that is one of growing concern. Session facilitator Renata Musolino made some preliminary points before introducing the speakers. These points can be downloaded here.
The speakers and panel members for this session were:
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Ms Jane Hall and Ms Maria Batchelor - who co-presented on behalf of WorkSafe Victoria.
Jane Hall is the Director of WorkSafe Victoria's Enforcement Group. She has over 10 years experience in Health and Safety. Prior to joining WSV, Jane was a partner in a private law firm.
Maria Batchelor is the Acting Director, of the Public Sector and Community Services Division of WorkSafe Victoria. This is an operational division comprised mainly of Inspectors who cover a range of government, community services, and finance and property services workplaces. The PSCS Division also includes the Workplace Bullying Prevention Unit. Maria has held a number of positions with WorkSafe Victoria since commencing there in 2005.
(Ms Hall and Ms Batchelor's presenation)
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Ms Kathryn Chrisfield: Member experiences with Workplace Bullying
Kathy Chrisfield has worked in the field of occupational health and safety for over 14 years, and has been OHS Unit Co-ordinator at the Australian Nursing Federation (Victorian Branch) for over three years. Kathy and the OHS team interact directly with ANF members relating to specific OHS and workers compensation issues, and are involved in external stakeholder forums, including with WorkSafe Victoria and the Department of Health, in order to influence and develop strategies for the improvement of the health and safety of ANF members, in particular in relation to the ongoing implementation of No Lifting and Zero Tolerance to Occupational Violence policies.
Ms Chrisfield's presenation
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Ms Siobhan Keating: Bullying - some of the issues
Siobhan Keating is Special Counsel in the Employment and Industrial Law Section at Maurice Blackburn. Prior to working at MB, Siobhan was the industrial officer for a Queensland Trade Union, a position she held for seven years. Siobhan undertakes work on both private client employment matters, and industrial matters for trade unions.
Ms Keating's presentation
Session 4 - WorkSafe Inspectors and processes
This session explored the role of WorkSafe inspectors - what they do, what unions look for in an inspector, how to get things resolved and what can go wrong. The speakers were:
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Mr Allan Beacom - acting Director of WorkSafe Victoria’s Construction & Utilities Program. Allan is a civil engineer who has formerly worked a structural engineer for Melbourne’s water and housing Authorities. He joined WorkSafe over 25 years ago and has been extensively involved in tri-partite consultation in the development of health & safety regulations and policy for all sectors of the construction industry. Allan has also spent many years as the Manager of WorkSafe’s construction inspectorate, directly involved in the day to day operational issues of administering the OHS legislation.
(Mr Beacom did not have a powerpoint presentation)
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Mr Gerry Ayers: WorkSafe Field Officers: attributes & characteristics, a CFMEU perspective
Gerry has been OHS Manager with the CFMEU Construction and General Division for 4 years. Previously Gerry was an OHS Advisor for 8 years in the Vic branch, and 5 years in the NSW branch. Gerry had been a member of the union, working as a Construction Worker / Builders Labourer from 1987 to 1995. Passionate about health and safety, he has completed an Associate Diploma in Applied Science (OHS), a Graduate Diploma in Occupational Hazard Management, a Master of Applied Science (OHS) and has submitted his PhD (OHS) to University of Ballarat (VIOSH) on "Consultation and organisational maturity in the Victorian construction industry"
Mr Ayer's presentation
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Mr Dave Jones: What an inspector looks for and what they do when they find it
Dave is an Ambulance Paramedic, HSR, member of the Victorian Ambulance Employees Association. Dave has been a paramedic with Ambulance Victoria since 1998 and was the elected health and safety representative (HSR) in the Lakes Entrance – East Gippsland designated work group (DWG) for two years when he was nominated HSR of the Year in 2010. He was a finalist and while he didn’t win, he was ‘Highly Commended’. In his time as HSR, Dave has identified and driven a number of very important issues. Despite encountering barriers including financial restrictions and lack of support, Dave continued to lobby for his DWG to keep achieving improvements. Dave spoke about his experiences in following an issue through various appeal processes.
Mr Jones' Presentation is currently unavailable.
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Mr Joel Zingier: So you've issued a PIN and nothing happens?
Joel is a Senior Associate in law firm Holding Redlich's Employment and Industrial Relations section. Joel has a strong foundation in dispute resolution and works in all areas of workplace relations, including common law of employment, awards and enterprise agreements, employee rights and protections, equal opportunity and discrimination, occupational health and safety and coronial inquests. Prior to joining the firm Joel served as an Associate at the (then) Australian Industrial Relations Commission and as a litigation solicitor at a large national commercial law firm.
Mr Zingier's presentation
If you have any queries about the conference, want to make any comments or would like to pass on questions,
please email
Renata.