In the media
Government commits to 'never' re-establish
RSRT
The federal government has promised to "never"
re-establish the tribunal or a similar body that sets up mandatory
pay rates that only apply to owner-drivers and small businesses.
The government says that the Transport and Infrastructure Council
and the NHVR are working to "develop smarter roadside
compliance systems, more flexible codes of practice arrangements,
and education materials to help the road transport industry better
understand their safety obligations" (24 January 2017).
More...
Is your workplace as safe as you think?
As employers, it's normal to assume your workplace is safe if
you've ticked all the boxes and regularly perform checks. But a
recent study by Safe Work Australia shows we might not be managing
health and safety as well as we should (24 January 2017).
More...
Bliss n Eso actor death a 'wake-up call' for
film and TV industry safety, union says
Australia's film and television union says it will take a fresh
look at safety for the entire industry after a man was shot dead
during the filming of a music video for Australian hip hop group
Bliss n Eso in Brisbane's CBD (24 January 2017).
More...
Queensland bus drivers, union call for tougher penalties
as attacks continue
Bus drivers want assaults on them to be treated as seriously as
those on health and emergency workers, with the union representing
them claiming dozens of attacks have already been recorded in the
first few weeks of the year (22 January 2017).
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CASA: First step in fatigue rules review
Work to set up an independent review of the new fatigue rules has
begun. CASA has finalised the Terms of Reference for the review and
issued a tender to engage the services of a suitably qualified
independent specialist, or team of specialists, to undertake a
review of the latest fatigue rules for air operators and pilots.
Learn more about the independent review of the fatigue rules
(20 January 2017).
More...
$57,500 penalty for CFMEU's 'Armageddon'
threat at Royal Adelaide Hospital
The Federal Court has handed down penalties totalling $57,500 to
the CFMEU and two of its bosses who threatened
"Armageddon" and national industrial action in a dispute
at the Royal Adelaide Hospital site (20 January 2017).
More...
Dowdell family disgusted by truckie Kenneth Pillar's
'attempts to avoid prosecution'
The family of a South Australian woman killed in a head-on
collision feels disgusted and insulted by the truck driver
convicted over the crash and "his attempts" to avoid
prosecution, the District Court has heard (18 January 2017).
More...
Motorists chase compensation for damage caused by Bruce
Highway potholes
Motorists who had their cars damaged by a large pothole on the
Bruce Highway near Mount Sheridan are seeking compensation from the
contractor (18 January 2017).
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Engineering business fined $225,000 over worker's
death
A mechanical and engineering business has been fined $225,000 over
the death of a worker at its Cobar workshop in 2014. SafeWork NSW
charged PJL Pty Ltd with a breach of section 19(1)/32 of the
Work Health and Safety Act (NSW) for failing to manage the
risk of serious injury or death from the load frame moving or
falling (18 January 2017).
More...
Unions face Industrial Relations Commission after
telling paramedics to shed heavy jacket in heatwave
The Australian Paramedics Association (APA) and the Health Services
Union NSW (HSU) were in court this week by NSW Ambulance for
advising paramedics not to wear long-sleeved over-shirts during the
recent weeks of soaring temperatures across NSW (17 January 2017).
More...
UNSW creates 'smart' fabric to aid safety,
medical sectors
University of New South Wales (UNSW) biomedical engineers have
developed a 'smart' fabric, similar to bone tissue, that is
hoped to transform the safety, medical and transport and industries
(17 January 2017).
More...
Decision Regulation Impact Statement - Managing risks
associated with lead in the workplace
Safe Work Australia has published a Decision Regulation Impact
Statement (DRIS) on
Managing risks associated with lead in the workplace: blood lead
removal levels and workplace exposure standard (17 January
2017).
Published – articles, papers, reports
Safe Work Australia Fatality statistics
As at 13 January, 7 Australian workers have been killed at work in
2017. The numbers and industries may vary as Safe Work receives
more detailed information (to check for updates, go to the Safe
Work Australia
Work-related fatalities page).
In practice and courts
WorkCover Queensland: Learning the art of office
ergonomics
Office ergonomics can help you be more comfortable at work, lower
stress, and reduce injuries caused by awkward positions and
repetitive tasks (24 January 2017).
More...
NHVR: Further extension to NSW brake testing transition
period
The NHVR and Road and Maritime Services will further extend the
current brake testing transition arrangements in NSW until June
2017.
More...
Office of Federal Safety Commissioner: July to December
2015 Biannual Data Analysis Report
The report was released on 17 January 2017.
More...
NTC: Edition 7.5 of the Australian Dangerous
Goods
Visit the
NTC website to view all of the changes outlined in Edition 7.5
of the Australian Dangerous Goods, before it takes effect on 1
March 2017.
NTC proposes hydrogen, electric vehicle
identifiers
The National Transport Commission (NTC) has invited industry
parties to share their thoughts on the latest proposed amendments
to the
light and heavy vehicle standards. Submissions on the amendments can be
made until 3 February 2017.
Senate Inquiry Update
Non-conforming building products
Date Referred: 11 October 2016; Submissions Closed: 01 December
2016; Reporting Date: 25 May 2017.
NSW SafeWork: Chemical spills
Safety Alert 10/01/2017 - This safety alert highlights the severe
skin burns that can be caused to workers from caustic chemicals
used in restaurants and cafés.
More...
NSW SafeWork: Audiometric testing
exemption
SafeWork NSW has issued a further one year exemption for the
audiometric testing requirements of clause 58(2) of the Work
Health and Safety Regulation 2011. The exemption is in force
until 1 January 2018.
More...
QLD: DNRM Safety Alert 335: Driver thrown from cab in
articulated truck roll over
Industry: Metalliferous mines; Subject Transporting materials;
Vehicle collision or failure (23 January 2017).
More...
Dangerous Goods Operations conference
2017
The Marcus Evans Dangerous Goods Operations (DGO) conference will
take place in Melbourne on 16 – 17 March 2017, exploring the
best safety management and DGO practices across a range of
industries.
More...
Cases
Green
v State of Queensland, Brooker and Keating [2017] QCAT
008
HUMAN RIGHTS – DISCRIMINATION – GROUNDS OF
DISCRIMINATION - SEX DISCRIMINATION – SEXUAL HARASSMENT
– where co-workers set up a sexually explicit prank –
whether intention or effect was to humiliate the Applicant –
whether events were within section 119 of the
Anti-Discrimination Act 1991 (Qld) (sexual
harassment).
HUMAN RIGHTS – DISCRIMINATION – GROUNDS OF
DISCRIMINATION - SEX DISCRIMINATION – OTHER MATTERS –
where there were alleged detrimental acts after the complaint
– whether they were acts of victimisation.
DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR
TORT – REMOTENESS AND CAUSATION – NEW INTERVENING FORCE
– whether Applicant feigned his reaction to the prank or
grossly exaggerated the effect of the events upon him.
DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR
TORT – MEASURE OF DAMAGES – PERSONAL INJURIES –
NON-PECUNIARY DAMAGE – whether the Tribunal should award
compensation at a higher level because of Richardson v Oracle
Corporation Australia Pty Ltd [2014] FCAFC 82 – whether
the Tribunal should be influenced by the award in that case –
whether interest should be added to the award for non-financial
loss.
PROCEDURE – PERSONAL INJURY OR FATAL ACCIDENTS PROCEEDINGS
-STATEMENT OF LOSS AND DAMAGES – where the Tribunal ordered
the Respondents to file a Counter Schedule of Loss - where a number
of issues of dispute were raised for the first time in final
submissions – whether they should have been identified in the
Counter Schedule of Loss.
Australian Building and Construction Commissioner v
Construction, Forestry, Mining and Energy Union (The Abseal
Case) [2017] FCA 11
INDUSTRIAL LAW – where subcontractor employees not inducted
to undertake construction work – consideration of evidence
explaining refusal for varying reasons including failure to pay
union fees and lack of relevant enterprise agreement –
allegations of adverse action and discrimination by union toward
subcontractor and employees – whether subcontractor and
employees engaged in industrial activity – whether
subcontractor exercising workplace right – whether induction
staff acting on behalf of union – application dismissed. Fair
Work Act 2009 (Cth) ss 340, 341, 342, 346, 347, 354, 363, 793;
Fair Work (Building Industry) Act 2012 (Cth) s 45.
Construction, Forestry, Mining and Energy Union (New
South Wales Branch) v Acciona Infrastructure Australia Pty Ltd and
Ferrovial Agroman (Australia) Pty Ltd t/as the Pacifico Acciona
Ferrovial Joint Venture [2017] NSWIRComm
1000
RIGHT OF ENTRY DISPUTE – major road construction project
– CFMEU in competition with AWU for members and
representative rights – bullying and harassment of workers by
employee of Pacifico – negative impact on workers mental
health – hassling workers about joining the CFMEU –
bullying, threatening and standing over workers – making
workers nervous and uncomfortable being at work –
implications for workers if they joined the CFMEU – workers
would lose their bonus – suspected contravention of the WHS
Act – failure to ensure the mental health of workers –
bullying and harassment policy – workers presented as being
extremely stressed and anxious – right of entry under section
117 of WHS Act for the purpose of inquiring into a suspected
contravention – right to inspect documents –
requirement to give notice under section 120 – requirement to
allow the person conducting the business or undertaking to conduct
its own investigation first – application granted in
part.
Legislation - Commonwealth
Bills
Transport Security Legislation Amendment Bill
2016
Bills Digest No. 53, 2016-17 18 January 2017 - strengthening
airside security— The proposed amendments would authorise the
making of regulations imposing screening and clearance requirements
for persons, vehicles and goods while they are within secure
airside areas.
Legislative Instruments
Poisons Standard February 2017
23/01/2017 - This standard substitutes the Poisons Standard
November 2016 and consists of the Standard for the Uniform
Scheduling of Medicines and Poisons No. 16 (the SUSMP 16).
Safety, Rehabilitation and Compensation (Licence
Eligibility—Ron Finemore Transport Services Pty Ltd)
Declaration 2017
19/01/2017 - This declaration provides that Ron Finemore Transport
Services Pty Ltd is eligible to be granted a licence under Part
VIII of the Safety, Rehabilitation and Compensation Act
1988.
Legislation - Victoria
Compensation Legislation Amendment Act
2016
The Victorian Compensation Legislation Amendment Act 2016
was assented in December of 2016. The Act which will primarily
commence in July 2017 and will improve the benefits payable under
existing Victorian Transport Accident Commission (TAC) and WorkSafe
Victoria schemes (18 January 2017).
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.
