The Ballarat Courier is reporting that the prosecution of Pipecon over the deaths of two workers from a trench collapse in March 2018 has been delayed again. It seems the reasons for the delay include renovation works on the courthouse and the workload of the Court. Judge Gerard Mulally‘s decision came the same week as a delegation of bereaved relatives attended Federal parliament in Canberra.
The New South Wales government is conducting an inquiry into the gig economy, modern versions of precarious work. There has been five deaths of food delivery workers over the last few months and this has increased media attention on the Inquiry and the issues raised.
On November 28 2020, Joellen Riley Munton, Professor of Law at the University of Technology, Sydney spoke on the Australian Broadcasting Corporations’ AM Program. Out of all the recent media discussions on gig work, Munton’s seemed the most targeted on occupational health and safety (OHS).
Western Australia’s Industrial Manslaughter (IM) laws are now in effect. The same arguments for and against were posed in Parliament and outside as they were in Queensland and Victoria, and the Australian Capital Territory well before that. The IM laws will face the same institutional hurdles to application and offer the same, nominal, deterrent effect.
But WA also prohibited insurance policies that cover the financial penalties applied by the Courts. Such policies may make good business sense in managing risk, but they also remove the pain and deterrence intended in the design and application of Work Health and Safety laws.
Australian discussions about workplace bullying and sexual harassment at the moment is in a mess indicating that insufficient work has been spent on clarifying what these terms mean, how the consequences are managed and whether the harm can be prevented.
In Parliamentary debate on the 2020 Budget, the Liberal Party’s Sussan Ley, said:
“The Morrison government will establish a respect at work council to provide practical support to employers and employees to prevent and address sexual harassment in Australian workplaces. We know it’s a barrier to women’s workforce participation, particularly for women working in male-dominated fields, and the government is committed to eradicating it from Australian workplaces.”
page 100, Hansard
Respect and countering incivility are important in building a workplace culture that is equitable and safe. However a discussion on sexual harassment of women by a Federal Government Minister in November 2020 rings hollow when the government has still to respond to a world-leading inquiry into sexual harassment in workplaces handed to them early this year.
Safe Work Australia also attended Senate Estimates late last month. COVID19 is an unavoidable focus but we learnt that the latest fatality report will be released early this month, obtained more details on the response to the Boland Report, heard more about the gig economy but the climax was accusations of a coverup with Senator Deborah O’Neill (ALP) saying:
“Minister Porter… influenced Safe Work Australia—how independent; running for cover!”
page 65, Hansard
Australia has a process of accountability where Ministers and Heads of Government Departments and Authorities are required to answer attend Senate Estimates. Few people outside of the Canberra bureaucracy pay much attention to the occupational health and safety (OHS) information provided. Most media pay attention to disputes and statements that have a more general political appeal, but there is important information about workplace health and safety, such as an update of the progress on Marie Boland’s recommendations or the role and activity of Safe Work Australia (SWA).
Well before the push for Industrial Manslaughter laws was the occupational health and safety (OHS) offence of “reckless conduct”. A media report from the LaTrobe Valley Express recently showed how one employer’s neglect of basic safety practices and processes resulted in the death on 21-year-old Damien Taifer.
