Category: justice

Harmonious fragility or fragile harmony – OHS and politics in Australia

Less than 24 hours after mentioning the fragility of Australia’s OHS harmonisation process, confirmation comes from an unexpected source, Kristina Keneally, Premier of New South Wales (pictured right).  It would seem that Keneally’s decision to change her stance on OHS is more to do with a general package of industrial relations and, union-friendly, reforms, as reported in the Brisbane Times on 14 October 2010  (video available HERE). Yet she has stated that

“”We will not therefore introduce the model OHS legislation as it is currently drafted.”

The media has been quick of highlighting this new tension between State and Federal agendas.  Prime Minister Julia Gillard was asked about Keneally’s statements and responded:

“….I think the Keneally Government should honour the agreement it made. It had an extensive period of time to raise issues of concern – and indeed it did, through its Minister at the Workplace Relations Ministerial Council table. Issues were raised, issues were discussed. When you are reaching uniform laws, it is obvious that states and territories come with different perspectives. They’ve got their own laws. If no-one moves then you never get national uniformity.

So, yes, New South Wales raised issues along the way, but it accepted the outcomes and it signed the deal. We require the deal to be delivered.” Continue reading “Harmonious fragility or fragile harmony – OHS and politics in Australia”

Australian unions are being distracted from OHS

The Australian Council of Trade Unions (ACTU) has illustrated several matters in a recent media release – the safety of migrant labourers and the unacceptable rate of fatalities in the Australian Construction industry.  Sadly these issues were mentioned in a media release protesting about the continuation of the Australian Building and Construction Commission (ABCC).

The media release was published on the eve of a new head of the ABCC and clearly wanted to piggy-back on media attention of the appointment.  The new head has been announced to be a lawyer, Leigh Johns, who has a political pedigree that should make him more palatable to the union movement.  (Johns is the author of several published legal articles including one in 1998 on “the obligation of mutual trust and confidence” and a 2002 article on “Bribery and Networking“) His appointment could be interpreted as part of the Labour Government’s plan to gently ease the ABCC into an inspectorate that is integrated within the government structure.  The trade union ideology seems to require a continued animosity to this strategy, particularly as there is no resolution yet on ABCC action against Ark Tribe. Continue reading “Australian unions are being distracted from OHS”

Radio National OHS program

On 21 September 2010, Radio Australia’s regular program Australia Talks conducted a live interview concerning occupational safety and health.

For those who have been listening to the show for some time would have been surprised that the program covered much of the same old OHS ground.  Similar statistics, similar questions of what are the most dangerous occupations, similar assumptions and the same misunderstanding that discussions about OHS law are the same as discussions on safety management. Continue reading “Radio National OHS program”

BHP Billiton receives minimal OHS penalty – time for a new approach

Some time ago a penalty concept circulated in Australia where OHS penalties were implemented as a percentage of as company’s revenue or profit.  The concept gained renewed topicality in mid-July 2010 as BHP Billiton was penalised $A75,000 after the death of a worker, Scott Rigg. (Video report available)

The fine seems paltry for a fatality and more so when the company’s OHS record is taken into account.  As the video report states, BHP Billiton could have been penalised $A200,000 but even this is a relatively small fine for such a company.

The Australian Government has been willing to apply a 40% tax on the mining industry’s profits but is unlikely to apply a percentage penalty in relation to OHS.   Continue reading “BHP Billiton receives minimal OHS penalty – time for a new approach”

What does the Ark Tribe case have to do with workplace safety?

Australian trade unions, particularly those in the construction sector, have strongly supported Ark Tribe in his battle with the Australian Building & Construction Commission (ABCC).  Outside of the world of Australian construction trade union politics, the Ark Tribe issue has been difficult to understand without over-simplifying the issue.

In 2008, Ark Tribe attended a union safety meeting conducted by union organiser Justin Feehan.  The meeting was unauthorised and led to Tribe being called on for an interview with the ABCC.  He refused to attend and legal action has been taken which is likely to be resolved in the Australian courts today.  Tribe faces six month’s jail.

Regularly the saga has been described as one concerning workplace safety.  An unauthorised safety meeting may have been the initial event but the issue passed being an OHS matter very quickly to become one of industrial relations and a cause celebre against the ABCC. Continue reading “What does the Ark Tribe case have to do with workplace safety?”

What is the OHS “public interest”?

On 7 May 2010 Judge Lacava of the County Court of Victoria increased the $A25,000 fine applied to A Bending Company to $A75,000.

WorkSafe’s Acting Director for Health and Safety, Stan Krpan, said in a media release:

“The fact that the Director of Public Prosecutions [DPP] found the original penalty inadequate, and the increase in the fine on appeal, demonstrates the courts’ attitude towards health and safety offences.”

The DPP made the appeal to the County Court after a request for review of the original fine was made by WorkSafe Victoria.  According to the judge’s decision (not yet available online):

“The appeal by the Director is made pursuant to section 84 of the Magistrates’ Court Act 1989. The section gives the Director the power to appeal to this Court “if satisfied that an appeal should be brought in the public interest“.” [emphasis added]

So how was the public interest served by increasing the fine by $A50,000? Continue reading “What is the OHS “public interest”?”

The politics of the insulation debacle become clearer

The debacle of the Australian Government’s insulation job creation scheme faded when the scheme was cancelled suddenly by the Government earlier in 2010.  Attention was always going to return at various stages as investigations into the deaths of young insulation installers begin but Parliament resumed earlier and the Opposition attacked.  The attack has led to the release of correspondence between the Minister responsible for the debacle, Peter Garrett, and the Prime Minister, Kevin Rudd. (A good example of the role of an effective Opposition in ensuring open government)

The newspapers on 28 May 2010 have focused on the fact that the Prime Minister was aware of the serious occupational health and safety deficiencies of the system months before serious action was taken on the scheme.  However, the correspondence also indicates that Garrett was not inactive on the safety risks in 2009 as many critics allege. Continue reading “The politics of the insulation debacle become clearer”

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