Andrea Hayward
July 6, 2011
Draft laws to make occupational health and safety laws uniform across Australia have been welcomed by industry and given cautious support by the opposition. Long-awaited legislation was introduced to parliament's lower house on Wednesday.
All jurisdictions are expected to bring their OHS laws into line before the end of the year after a deal was brokered by the federal government with all the states and territories.
Harmonised laws were first raised by the Whitlam government in 1974, but despite strong support from business and unions there had been many "false starts," cabinet minister Simon Crean said in introducing the draft laws. Workplace Relations Minister Chris Evans said the landmark laws would cut red tape and ensure workers had equal protection regardless of where they worked or lived. It would save intrastate businesses an estimated $179 million annually. "The question now is whether the opposition will make a positive contribution, put the interests of Australian workers and business first and support this important legislation," Senator Evans said. Opposition workplace relations spokesman Eric Abetz offered cautious support for the bill. "We support, in broad terms, the harmonisation of occupational health and safety laws and indeed it was the former Howard government that started the ball rolling."
The opposition would look more closely at the legislation when it was examined by an upper house committee, Senator Abetz said.
Senator Evans said the new laws would provide wider coverage to employees, contractors and their employees, sub-contractors, labour hire workers, apprentices and volunteers.
"These reforms are vitally important for the safety of employees in an increasingly mobile labour force."
Australian Industry Group chief executive Heather Ridout welcomed the introduction of the federal legislation.
Queensland and NSW have passed harmonised laws ready to operate from January 1, 2012 and legislation is before the South Australian and ACT parliaments.
"Harmonisation presents the best opportunity Australia has had for decades to overcome the frustration and complexity of nine different OHS legal systems and standards," Ms Ridout said. The new framework will replace nine different Acts and more than 400 pieces of OH&S regulation and will apply to members of the Australian Defence Force.
The laws will also impose tougher penalties, including fines of up to $3 million. Master Builders chief executive Wilhelm Harnisch urged the Senate to support the legislation, saying it was important the objectives of harmonisation were not undermined by changes at a federal level. "Amendments to give unions the right of prosecution or to introduce industrial manslaughter offences, which were considered and rejected by the expert review panel whose work is guiding the harmonisation process, must not be approved by the Senate," he said. The commonwealth legislation included detailed procedures for the review of decisions not to prosecute and had substantial penalties for reckless conduct. "Therefore any move to introduce union right of prosecution or industrial manslaughter offences would be solely political and not based on genuine policy considerations," Mr Harnisch said.
