ACTU OHS Harmonisation from Geoffrey Fary
“I refer to our previous circular of 10th December 2009 (No. 111/2009) regarding the outcomes of
the previous day’s Safe Work Australia (SWA) meeting – and to our subsequent distribution of the decisions of the Workplace Relations Ministers’ Council (WRMC) on 11th December.
That correspondence detailed that the draft Model OHS Laws had been approved by WRMC on
the basis of material received from the earlier SWA meeting.
The draft model OHS provisions have now become the WRMC agreed Model Work Health and Safety Bill.
WRMC also agreed that SWA could make further technical and drafting amendments to the draft model OHS provisions up until 31 March 2010.
It is understood that the federal government proposes to introduce the Model Bill
during the first half of 2010.
Subject it its passage through the federal parliament, mirror arrangements would then be enacted by each state and territory (with the exception of WA which has said it won’t co-operate). The new harmonised system is intended to become operational by December 2011.
The two ACTU representatives on SWA took a position at the meeting on 9th December that, as the final draft provisions failed to address issues of key concern to workers and represented a
reduction and/or compromise to current OHS rights and protections, we were unable to support a recommendation to WRMC that the model provisions be endorsed.
As such, after proposing a series of amendments – most of which were not accepted by the majority of the SWA, the ACTU representatives abstained from voting on the key substantive recommendations.
Affiliates have also been advised of the November ACTU Executive resolutions regarding the OHS
harmonisation campaign whereby, among other important matters:
In the event that the WRMC endorsed model OHS provisions that would lessen workplace
health and safety rights or standards as proposed, Executive resolved to support a strong
ongoing campaign through 2010; and,
Executive instructed the ACTU officers and staff to escalate the ‘Don’t Risk Second Rate
Safety’ campaign and call a special meeting of affiliates to consider our subsequent
strategies on this critical matter.
We do appreciate that many affiliates would like to have the special meeting as soon as possible.
Unfortunately, the earliest possible date is not until late February. Accordingly please note that the meeting has been arranged for;
10.00 AM on Friday 26th February 2010
Bob Hawke Room, Level 4, ACTU House
365 Queen St, Melbourne.
Further information, including bulletins about any developments, will be circulated beforehand.”
17th December 2009.
Right to strike
GEOFF FARY
Assistant Secretary
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