Category: union

Curious workers’ compensation claim

Recently, it was revealed that a senior leader of the Construction Forestry Mining and Energy Union (CFMEU), John Setka, has lodged a workers’ compensation claim alleging post-traumatic stress disorder related to his work. Setka (pictured above second from the left) is a controversial trade union and political figure, especially in Victoria, and anyone can lodge a worker’s compensation claim. However, the media reporting identifies some curious factors to this claim.

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“If you don’t sound the alarm, who will?” Matt Peacock and work health and safety

Prominent investigative journalist, Matt Peacock, has died from pancreative cancer. Few of us are lucky enough to save people’s lives, some of us change the world. Matt did both. He was never an occupational health and safety (OHS) specialist but his impact on the world of work, especially in Australia was profound and, probably, unmatched.

In 2019, I was helping the (then) Safety Institute of Australia with its conferences. I approached Matt to speak at the 2019 national conference dinner in Sydney, hoping he would be provocative. (Here is an article from that time) He shocked many in the audience when saying:

“..my message tonight is that if you were all doing your jobs properly, then I wouldn’t have had anything to report on in the first place.”

He did not let up on his challenging criticism that night. Below is the full transcript of his presentation, available for the first time.

Kevin Jones

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OHS and the CFMEU

Australian media and politicians have been frothing over revelations and allegations of criminal and bikie gang influence in the country’s largest construction industry trade union, the CFMEU (Construction Forestry Mining and Energy Union). The coverage has been almost entirely concerned with industrial relations, but occupational health and safety (OHS) is present in any trade union scandal, though usually on the fringes. OHS appeared in several areas of the controversy in late August 2024.

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“show me the bodies”

Significant changes in occupational health and safety result from one or more work-related fatalities. To my knowledge, this has not been labelled anyone’s “rule”, but it is a sad truism, and there are examples everywhere.

Episode One of the BBC’s excellent Grenfell podcast series references the phrase “show me the bodies” as having been said by a British bureaucrat requesting more evidence of the risks of external cladding on high-rise apartments. Such a thoughtless request implies that nothing needs to be done until there is evidence of a significant likelihood of death.

However, this article is not about Grenfell Tower (which will be coming soon) but about occupational health and safety (OHS) consultation and its failure.

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Kevin’s “Law of Common Sense” and the Right To Disconnect

This week, the “Right-to-Disconnect” became law in Australia. According to a prominent business newspaper, the Australian Financial Review (AFR), this is the latest example of the risk of the sky falling. It is not. Instead, the right-to-disconnect is a rebalancing of the exploitation of workers’ psychological health and that of their families. But you wouldn’t know this from the mainstream media coverage. There is no mention of mental health in the printed AFR article.

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Weaponising Industrial Manslaughter

Prosecution for Industrial Manslaughter in Australia’s occupational health and safety (OHS) is supposed to deter employers from neglecting the health and safety of their workers, but there is very little evidence of effective deterrence from this type of penalty, or improved safety and healthy working conditions.  Industrial manslaughter seems to have more of a marketing and political impact.  It allows governments to say they are doing something tough on OHS even though the changes have little deterrence and continue to be difficult to apply to the intended corporate targets.

The Queensland Parliament has provided a recent example of the political weaponisation of Industrial Manslaughter.

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Sentencing and OHS prosecutions but few solutions

Most submissions to the inquiry into Sentencing Occupational Health and Safety Offences in Victoria are now publicly available.  They raise a lot of different issues and some grumbles even though the Sentencing Advisory Council provided some structure to the topics it wanted addressed.

A major purpose of any penalty is to deter harmful and damaging actions from being repeated.  SAC reiterates that any sentence 

  • deters the offender and others from committing similar offences;
  • punishes the offender in a just manner;
  • facilitates the rehabilitation of the offender;
  • denounces the behaviour that the offender engaged in, and
  • protects the community from the offender. (page 7)

The CFMEU’s Dr Gerry Ayers opens his submission with Deterrence by quoting Gunningham and Johnstone from 1999, who wrote:

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