Union may have overstepped and weakened its case

The Construction Forestry Mining and Energy Union (CFMEU) is one of the most militant trade unions in Australia.  That it angers many Australians by its strong support for its members is unarguable.  Yet recently it has seemed to overstep the mark on its protest against the Australian Government’s introduction of legislation that the CFMEU sees …

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Is it time for on-the-spot fines in Victoria?

The public comment phase of the Victorian Government’s Independent OHS Review into WorkSafe Victoria has concluded and most of the submissions are appearing on the review’s website. Some submissions are extensive, others are simply a whinge.  One topic did not get much of a mention in the 40 submissions currently available – on-the-spot fines. The …

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OHS policies of two of Australia’s political parties

Australia’s Federal election campaign has reached the halfway point but the political parties have yet to officially launch their campaigns so the policies that may relate to occupational health and safety (OHS) are unclear.  Even the Australian Greens have yet to launch their campaign but some of their long-held policy positions are clear. The Safety … Continue reading “OHS policies of two of Australia’s political parties”

A new option for avoiding OHS obligations

A major motivation for occupational health and safety (OHS) improvements in many businesses is the potential damage to a company’s reputation if someone is injured or killed from the company’s operations.  Usually such an event would result in a prosecution by an OHS regulator but prosecution rates are variable and there are an increasing range of …

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ACTU Congress’ draft OHS policies deserve serious analysis

The Australian Council of Trade Unions (ACTU) commences its 2015 Congress this week.  Each year around 800 trade union delegates meet to discuss changes to policies and to develop or refine strategies. This year the ACTU released its draft policies publicly prior to the Congress.  These policies have a long and strong historical and industrial …

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WorkSafe Victoria’s Len Neist addresses safety profession breakfast

Herbert Smith Freehills (HSF), in its Australian partners and as a firm, has been prominent in occupational health and safety (OHS) matters, even though the organisation is “on the nose” with much of the trade union movement. This week HSF conducted a breakfast for the Safety Institute of Australia (SIA) in Melbourne, the first in …

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HIP Royal Commission – Gross Negligence and Accountability

Little of the recent commentary on the findings of the Royal Commission into the Home Insulation Program (HIP) have mentioned the opinion of the Royal Commissioner Ian Hanger that the Australian Government acted in a “grossly negligent” manner.  Such a comment deserves considerable analysis by a specialist lawyer but it remains a remarkable criticism in …

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