industrial relations – Page 7

Now is the time for all good OHS lobbyists to come to the aid of their country

Now is the time for the OHS fraternity to lobby local politicians on the importance of workplace safety for the community and business.

Australia is facing a hung Parliament following the 21 August 2010 federal election. OHS was mentioned early in the campaign but not since even though there were opportunities. Industrial relations was raised in the election campaign by the Australian Labor Party but the Liberals chose not to play and its IR spokesperson, Eric Abetz, was missing in action. But OHS law reform has been less about improving the law than about reducing the cost on business (even though the significance of this is argument is highly dubious) and this is where discussion on OHS could have occurred.

The Liberal Party is continuing to assert that “stop the waste” is a positive message as it relates to government spending. It projects itself as the friend of business and the free-market and has reluctantly accepted the reality of OHS legislation although not the cost of effective compliance. The Liberals could have used the OHS harmonisation process as an example of an economic reform IT began* but has been supported and progressed through the Rudd/Gillard Labor government.

Now, in a political climate where the Australian Greens and some Independents will hold the balance of power in the Senate and have the chance to form a coalition government with either party, the IR policies of smaller party miners and independents will be crucial for OHS and workplace relations. Continue reading “Now is the time for all good OHS lobbyists to come to the aid of their country”

When information supply is NOT consultation

In Australia there is a purposely created commonality between the developing OHS law and industrial relations law on certain issues. Consultation is one of those matters and, although a decision by the Federal Court of Australia on 11 June 2010 relates to the Fair Work Act, safety professionals and business owners should take note.

On 22 June 2010, Justice John Logan fined Queensland Rail $A660,000 for not consulting its workforce on the company’s privatization plan which would have affected employees’ jobs. (An ABC podcast of the matter is available online) One media report paraphrased Justice Logan:

“[he]told the court that workers were never given the opportunity to discuss if they would be moved into the new private business, how the privatisation would occur, or if they wanted privatisation in the first place.”

The most pertinent comments from 11 June 2010 judgement by Justice Logan are also quoted in various media reports:

“This change so radical, a breach so comprehensive, the occasion for consultation so obvious that anything less than maximum penalties would not do justice to the case and the need to ensure public confidence in the adherence to industrial relations bargains.”

The Australian quotes Justice Logan as saying

“Benign dictatorship is not to be equated with consultation…” Continue reading “When information supply is NOT consultation”

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?”

OHS challenges face the Australian taxi industry

The New South Wales Parliamentary has released the findings of its inquiry into the State’s taxi industry. Although OHS was not the focus of the inquiry, “working conditions” were included in the terms of reference and the report has made some safety recommendations. The taxi industry requires an innovative approach to OHS implementation in order to meet future driver and passenger demands.

The Committee has called for

“…an increased emphasis on occupational health and safety, industrial issues and insurance rights to better inform taxi drivers of their entitlements and responsibilities…”

even though the NSW Taxi Council stated that existing training exceeded national training standards. Perhaps the range of stakeholders consulted by the Council needs reviewing. Clearly training has been deficient in reality even if it matches national benchmarks. This calls into question one’s reliance on national training standards. Continue reading

OHS regulator reveals a blog about OHS fraud and crime

Spying on people can be entertaining as can be shown by the popularity of hidden camera video on tabloid news shows but there is always a whiff of unfairness and distaste about the practice.

For the last couple of months, Washington State’s Department of Labour & Industries has been running a blog written by its Fraud Prevention and Compliance Manager, Carl Hammersburg. The blog matches the remit of the regulatory authority and covers a range of industrial enforcement actions. Occasionally it has included its own video surveillance of potential workers’ compensation fraudsters.

On 28 April 2010, the blog,called “Nailed“, included video of Frankie Day who, as a resulted on the L&I investigation, was found guilty of theft and then jailed. Continue reading “OHS regulator reveals a blog about OHS fraud and crime”

Is OHS part of Labour Law?

The question in the title of this article came about from the release of a fabulous new book by LexisNexis- Butterworths – Australian Labour Law – Text, Cases & Commentary, 5th edition.

Through my introductory look at the book, it seems that occupational health and safety gets around half a page in a book of over 1200 pages. As an OHS reader I was disappointed, as I believe that OHS is an important subset of labour law. My belief is echoed by some Australian publishers who include, usually, a chapter on OHS in their labour law titles. LexisNexis has never been a publisher of OHS information with the market leader being CCH but with Federation Press holding the more quality and original sector.

One possible reason for the lack of OHS is that the authors, Marilyn J Pittard and Richard B Naughton are lecturers in labour law at Monash University and OHS does not feature in their program. Another could be that the book is a monolithic volume already and, perhaps, OHS could not be given adequate attention without adding a couple of pounds to the book and generating a manual handling risk.

It is hoped that LexisNexis realises there is a market opening for authoritative and fresh writing on OHS in Australia, particularly in this period of change due to harmonisation. The morphing of OHS in the areas of due diligence and risk management are particularly interesting to watch. Continue reading “Is OHS part of Labour Law?”

Australian roundtable podcast on workplace bullying

On 21 May 2010, Boardroom Radio (BRR) released a podcast on workplace bullying that includes opinions from some worthy speakers.

Andrew Douglas, Managing Director at Douglas LPT;

Wayne Blair, Fair Work Australia Commissioner;

Gail Hubble, Barrister; and

Anna Palmer, HR Consultant, at Provenio Consulting

Some of the questions are a little peculiar such as whether current generations are more “vulnerable” to bullying. Speakers responded that there are more opportunities for bullying now due to new technologies Continue reading “Australian roundtable podcast on workplace bullying”

Tag: industrial relations

Now is the time for all good OHS lobbyists to come to the aid of their country

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When information supply is NOT consultation

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

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OHS challenges face the Australian taxi industry

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OHS regulator reveals a blog about OHS fraud and crime

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Is OHS part of Labour Law?

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Australian roundtable podcast on workplace bullying

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