On June 10, the federal government's new occupational health and safety (OH&S) peak body — the Safe Work Australia Council (SWAC) — held its first meeting. Workers in Australia took one more step towards eroded and unsafe working conditions.
SWAC was established with the agreement of all state and federal workplace relations ministers at their April 3 meeting. Its main task is to oversee the drafting of new "harmonised" national OH&S laws that will replace the nine existing laws across all states and territories by the end of 2011.
There is nothing inherently wrong with the prospect of harmonising OH&S laws across all jurisdictions. However, the process begun by workplace relations minister Julia Gillard in April 2008 has sought to reduce OH&S standards nationally to the lowest common denominator. Those in NSW, the most stringent laws in defending workers' health and safety, are to be scrapped. Lower standards, such as those prevailing in Victoria and Queensland in particular, are to replace them.
The press release issued after SWAC's June 10 meeting said, SWAC intends to issue an exposure draft of the model legislation by September. It then expects the legislation to go to federal parliament by the end of 2009.
The draft legislation will be based on the report of a review panel established by Gillard in April 2008, which was released on February 13. On April 3, the Workplace Relations Ministers' Council agreed "that the model OHS laws do not compromise standards for legitimate safety concerns", despite criticism from the union movement.
SWAC, which will frame the new legislation across the country, consists of 15 representatives — one from each state and territory government, one from the federal government, two from the Australian Council of Trade Unions (ACTU), two employer group representatives, one federal bureaucrat and an "independent" chair — former CEO of Mitsubishi in Australia Tom Philips. This supposedly representative and "tripartite" body has the fate of workers in its hands.
Flaws in the new legislation
The ACTU identified six significant flaws in the draft OH&S legislation.
The draft laws complicate and frustrate the rights of occupational health and safety representatives on the job. Their legal liabilities will be increased and there is no guarantee of paid training. Despite the fact that they are volunteers and workplace representatives, bosses will have the right to apply for their removal, and in certain circumstances they may have to front court to pursue OH&S claims.
The draft legislation fails to incorporate the right of unions to prosecute for OH&S law breaches. Employers are also not required to implement risk management principles.
The onus of proof — which now falls on the employer — is to be reversed in the new legislation. It will be up to prosecutors from Safe Work Australia to prove that employers failed to take reasonable action to prevent a workplace injury or death, rather than the responsibility of bosses to show that they did.
The right of workers to expect a safe workplace is watered down. By reversing the onus of proof, the draft legislation encourages bosses to frustrate investigations, cover up accidents and stay silent.
Under the draft legislation, 24 hours' notice will have to be given before inspecting sites or documents related to an OH&S breach. This could allow time for a boss to cover up the evidence.
Union campaign
The Victorian Trades Hall Council has called for an affiliates' rally against the new OH&S laws, to start at Trades Hall on July 28. Other states have yet to call any demonstrations.
In NSW, where workers stand to lose the most from the new laws, Unions NSW maintains a protest website. The only action visitors can take is to send a pro-forma email to Gillard and NSW industrial relations minister Joe Tripodi.
Tripodi told the NSW Teachers Federation: "We are still committed to harmonise OH&S legislation, and we want to have the best possible outcomes for the health and safety of Australian Workers."
NSWTF official Joan Lemaire described this support as "hollow" in a website post, "since it is clear that taking away existing rights cannot benefit workers".
The Western Australian Liberal government is the one state that has refused to sign up to the new laws. A spokesperson for WA treasurer Troy Buswell told the July 3 Australian Financial Review that the WA government "could not support the introduction of an OHS regime that would adopt inferior standards to the existing state regime".
Buswell complained that the new laws gave too much power to unions and set penalties for OH&S breaches too high.