Training
Does the ‘WorkChoices’ legislation affect union rep training?
(Note: while the Labor Government is in the process of implementing changes to this legislation, at this time (June 1008) much of it remains unchanged)
This is not correct. The changes to the Federal Workplace Relations Act (‘WorkChoices’) do NOT affect an OHS rep (or deputy’s) right to attend an initial/refresher course of their choice, including courses run by unions or the VTHC.
Under the Victorian OHS Act 2004, elected reps and deputies are entitled to attend initial, refresher and any other training approved by the VWA. Under Section 67 of the Act, the employer must allow a representative to attend an approved course on paid time, and must pay the associated costs.
While the course is to be chosen by the health and safety rep in consultation with the employer, an employer cannot reasonably refuse to allow a rep or a deputy to attend the approved course of their choice. If the employer attempts to prevent a rep attending a course, or if agreement cannot be reached, then the rep can ask the Authority to make a decision. Reps (and deputies) must make the request to their employer to attend an approved course not less than 14 days before the course starts.
However, many unions also provide OHS training other than rep training, and also run OHS meetings. The Federal law specifically makes it an offence to include union OHS training in agreements, even where the employer agrees, and provides for fines if workers ask for paid leave to attend training or training meetings, either run by unions or attended by union members. The bulk of this sort of OHS training is done high-risk occupations, including construction.
CFMEU assistant national secretary, Dave Noonan, said that across Australia, the union runs safety inductions for new starters and safety training courses, including modules on asbestos removal, safe scaffolding and rigging, safe use of equipment including cranes, material hoists and elevated work platforms, and first aid. ‘Unions have made occupational health and safety their priority because we have seen members and workmates die and be horribly injured,’ he said. ‘Thousands and thousands of workers, in our industry, have undergone union OHS training, along with vocational training.’