Harmonisation of OHS laws - will it happen?
While the jurisdictions have all signed on for 'harmonisation', we are now getting to the business end of this proposal. Some key milestones remain to be passed as well as a few sticking points.
Work, we are told, is well under way in terms of drafting the new laws. A unit within Safe Work Australia is apparently working on this following sign-off from all the State and Territory Ministers at Workplace Relations Minister's Council (WRMC).
A key milestone to come will be the sign-off of the draft legislation itself by WRMC.
Pressure is building from the union movement, for one (the ACTU is taking a very aggressive stance to what it claims is a watering down of worker protections). As the detail comes more closely into focus, no doubt other interest groups will also raise strong objections to various aspects.
A key sticking point (or sticking points) will also be when each State and Territory has to pass these new laws through their own legislative bodies. While Workplace Relations Ministers around the country are apparently on board, will they each be able to negotiate the new laws safely through their respective Parliaments? Will what comes out the end still be harmonised? Or will it be sort of harmonised-ish??
Will it really happen?
Work, we are told, is well under way in terms of drafting the new laws. A unit within Safe Work Australia is apparently working on this following sign-off from all the State and Territory Ministers at Workplace Relations Minister's Council (WRMC).
A key milestone to come will be the sign-off of the draft legislation itself by WRMC.
Pressure is building from the union movement, for one (the ACTU is taking a very aggressive stance to what it claims is a watering down of worker protections). As the detail comes more closely into focus, no doubt other interest groups will also raise strong objections to various aspects.
A key sticking point (or sticking points) will also be when each State and Territory has to pass these new laws through their own legislative bodies. While Workplace Relations Ministers around the country are apparently on board, will they each be able to negotiate the new laws safely through their respective Parliaments? Will what comes out the end still be harmonised? Or will it be sort of harmonised-ish??
Will it really happen?
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Replies to This Discussion
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Permalink Reply by Kevin Jones on -
Yes, but not in the pure or ideal manner intended. You mention the union concerns but the WA government has expressed strong reticence.
The implementation timetable is set and there is considerable horse-trading to be done but, perhaps, the Deputy PM Gillard's speech to the ACTU Congress last week has flagged the government's approach.
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Permalink Reply by Mark McCabe on -
You can read the text of Gillard's response by clicking here.
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Permalink Reply by Col Finnie on -
I think there will be the inevitable "dragging of the chain", that ponderously slow process of the jurisdictions getting it all together. But like a lot of OH&S law stuff, the commonsense of one principal act and one set of regs for a tiny country like ours should drag everyone to accept the inevitable.
From my experience it really needs the chiefs of the regulatory agencies to make sure everyone knows a change is necessary. It has to become a "cultural" thing: that moving solidly towards harmonisation and contributing to it practically has to be the way things are done.
I don't see the ACTU approach as being necessarily a bad thing. It would be almost weird if everybody was enthusiastic.
I haven't experienced bad things come from a vigorous debate on an OH&S issue. I have seen bad things happen when "nodding-syndrome" manifests itself: that inclination to just agree to get things moving again.
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Permalink Reply by Mark McCabe on
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Safe Work Australia, the nation's new peak OHS and workers' compensation body (which replaced the ASCC), held its inaugural meeting in Sydney on 10 June 2009, chaired by Mr Tom Phillips AM.
The inaugural meeting focused on the development of model OHS legislation with the Council noting the proposed structure and content of the model OHS Act as agreed by Workplace Relations Ministers' Council (WRMC). The Council directed the Strategic Issues Group to immediately progress this important work.
The Council noted that an exposure draft of the model OHS legislation is now scheduled to be released in September 2009 and the draft model legislation is due to be submitted to WRMC for agreement by the end of 2009.
Click here to view the Media Release regarding this meeting.
Click here to view the Communique from this meeting.
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