industrial relations – Page 41

Legal changes on workplace bullying are forgetting the workers

The lower house (thanks, Rex) of the Australian Parliament has passed amendments to its industrial relations laws, the Fair Work Act, to allow for matters concerning workplace bullying to be heard in its Commission, once the laws pass the Senate.. But recent media and parliamentary discussion on this action seems to forgotten the welfare of the bullied workers.

Professor Andrew Stewart of the University of Adelaide is reported to have said that there is a risk that the Fair Work Commission will be “swamped” with bullying complaints and that a system of filtering should be applied. Such a mechanism is supported by Professor Ron McCallum who said in The Australian on 14 June 2013:

“I would agree with the Coalition that there should be some filtering mechanism because we don’t know how many complaints there are going to be,” he said. “There’s been wildly varying suggestions.

Continue reading “Legal changes on workplace bullying are forgetting the workers”

New workplace bullying laws generate heated debate

Today Australia hosts a No2Bullying conference. It is a timely conference as the debate on Australia’s changes to the Fair Work Act in relation to workplace bullying heats up.

Lawyer Josh Bornstein is particularly critical of the politicisation of the amendments and believes this increases the instability or remedies available to victims of workplace bullying by increasing pressure on under-resourced OHS regulators.

The amendments are unlikely to reduce the incidence of workplace bullying in Australia as they address post-incident circumstances.

As the new legislation is being passed through Parliament, the industrial relations, political and legal context will dominate the media, Continue reading “New workplace bullying laws generate heated debate”

New Zealand railways, red tape, politics and workplace deaths

On 28 April 2013, New Zealand lawyer, Hazel Armstrong, published a 48-page book on how workplace fatalities and the management of the NZ rail industry has been related to politics and economics.

This is an ideological position more than anything else and the evidence is thin in much of this short book but there is considerable power in the description of the manipulation of occupational health and safety regulations and oversight during the political privatisation of the NZ rail sector. Many countries have privatised previously nationalised, or government-owned, enterprises usually on the argument of productivity and efficiency increases. Armstrong argues that these arguments were used to justify breaking the trade union dominance of the rail industry. Continue reading “New Zealand railways, red tape, politics and workplace deaths”

Prevention of harm is lost in the debate over workplace bullying

This week in Australia the conservative Liberal Party released its much-anticipated industrial relations policy. Most commentary is that the policy is thin but in terms of occupational health and safety, the Liberal Party is supportive of the changes made concerning workplace bullying. Sadly, the commentary is often lazy.

Media Misunderstanding

One example of a careless headline is in the Herald Sun newspaper for 11 May 2013, “$20 million Budget boost to stop workplace bullying“. The Australian Government’s changes to the Fair Work Act do not prevent bullying, it only provides further options for remedy. OHS is principally about preventing harm and the Fair Work Act changes do not help in this aim. Continue reading “Prevention of harm is lost in the debate over workplace bullying”

Is safety leadership the panacea for unsafe workplaces?

The May 2013 National Safety magazine has an article on safety leadership by Australia lawyer, Michael Tooma. It is a terrific article but it also highlights the lack of case studies of the practical reality of safety leadership in Australia and the great distance still required to improve safety. Tooma starts the article with

“It is widely recognised that strong safety leadership is integral to work, health and safety performance in any organisation.” [emphasis added]

Later he writes

“There is little doubt that safety leadership is a prerequisite to a positive safety culture in any organisation.”

These equivocations may indicate authorial caution on the part of Michael Tooma but they could illustrate that the role of safety leadership still remains open to question. Continue reading “Is safety leadership the panacea for unsafe workplaces?”

Australian IR Minister calls for dignity, respect and trust in workplace safety

28 April is the annual day of remembrance for those people who have died at work. It has various names depending on local politics but the World Day for Safety and Health at Work, established by the International Labour Organization. This year ceremonies are being held on many days around April 28. On Wednesday 24 April, Australia’s Workplace Relations Minister, Bill Shorten, spoke at the remembrance ceremony in Brisbane. The official speech is illustrative.

Shorten states an occupational health and safety principle:

“…we know [workplace deaths] are preventable. They are not accidents.

Let me repeat this: by far most deaths and serious injuries are predictable safety failures.

It’s not a systems’ failure or risk assessment failure, or hazard identification failure…and all those other handsome words without tears.

It is the failure that springs as a readymade monster from the knowing tolerance of small daily hazards at the daily tasks.” (emphasis added)

Even given the qualifications in the highlighted statement above Shorten believes workplace incidents are safety failures that occur due to a “knowing tolerance” of hazards. The risk is not in the hazards themselves but in our tolerance of these hazards. Continue reading “Australian IR Minister calls for dignity, respect and trust in workplace safety”

An OHS look at the Liberal Party’s policy document

Following on from a look at the workplace safety-related elements of the current policy document of the Australian Labor Party, it is the Liberal Party of Australia‘s turn.

PressPhoto tony abbott — Liberal Opposition Leader Tony Abbott

The Liberals, currently lead by Tony Abbott, are the Australian equivalent of the Conservative Party in the United Kingdom and the Republicans in the United States and follow many of the free market principles that support capitalism. In terms of workplace safety, commitments are less obvious than those from the Left side of politics. Often workplace safety is wrapped in other concepts and there is an expectation that benefits to workers will somehow flow on from those benefits granted to employers and business, benefits frequently termed as part of productivity.

The Liberal’s policy document entitled: Our Plan, Real Solutions for All Australians lists the following productivity improvements: Continue reading “An OHS look at the Liberal Party’s policy document”

Category: industrial relations

Legal changes on workplace bullying are forgetting the workers

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New workplace bullying laws generate heated debate

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New Zealand railways, red tape, politics and workplace deaths

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Prevention of harm is lost in the debate over workplace bullying

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Is safety leadership the panacea for unsafe workplaces?

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Australian IR Minister calls for dignity, respect and trust in workplace safety

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An OHS look at the Liberal Party’s policy document

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