Whs employer rights commission

Join our expert briefings for the latest developments we are seeing in the employment, industrial relations and workplace healthy and safety space. In these short sessions, our national team share their insights on what key legislative changes mean for employers. Findings from recent reports by Swinburne University and the Productivity Commission , along with our own Future of Work report , all point towards hybrid working as part of the new Australian workplace, providing a pull factor for prospective employees and being integral to the retention of key talent. In this latest briefing, which was designed to help frame employers' thinking around hybrid working, our panel of experts explored employee sentiment for hybrid and blended working, and discussed some the key elements of a successful work-from-home strategy. Access the webinar.

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Content:

• Government reminds bosses of existing onus to stamp out harassment
• Three Rights
• Australia’s first Building Code sanctions imposed for WHS contravention –despite no injuries
• Workplace Health and Safety in Australia
• Appeal court decisions
• Resources: E-updates
• OH&S Legislation in Canada - Basic Responsibilities
• Your rights at work

WATCH RELATED VIDEO: Employee and Employer Rights

Government reminds bosses of existing onus to stamp out harassment

Employment and Industrial Relations. This comes despite BHP actually being one of the first private businesses to apply for mandatory vaccinations in their workplace. In short, the Fair Work Commission found that BHP failed to comply with its obligation under the New South Wales work health and safety legislation to undergo proper consultation with its employees before the introduction of the Site Access Requirement.

Similar consultation provisions are also contained in most Modern Awards and Enterprise Agreements. Put simply, if an employer wishes to implement a mandatory vaccination policy or requirement outside or above that mandated in a Public Health Order, then it must consult with its employees first. In this case, the Full Bench considered that genuine consultation should have included employees being provided with:. While not expressly determined, the Full Bench acknowledged that the mining magnate would likely have had a strong argument that the direction was reasonable.

In giving its conclusion, the Full Bench found a number of other factors which weighed in favour of the direction being reasonable, including that the direction:. If you are an employer seeking to introduce a workplace vaccination policy, our specialist Employment and Industrial Relations team can assist you with both preparing your policy as well as planning for the consultation process.

For any assistance or further information, please fill out the enquiry form below for an obligation-free appointment. James Christensen.

April 18, So, why was the policy overturned? In this case, the Full Bench considered that genuine consultation should have included employees being provided with: A reasonable opportunity to express their views and raise workplace health and safety issues; An ability to contribute to the decision-making process; and Information relating to the reasons, rationale and data supporting the proposed mandate, including a copy of the risk assessment to be relied upon.

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Three Rights

The achievement of any State in the promotion and protection of health is of value to all. The concept of universality is a fundamental tenet of international law. This concept is exemplified by the issues raised in occupational safety and health because no work is immune from the dangers of occupational hazards. Examples of the literature describing occupational safety and health hazards from different types of work include: Corn ; Corn ; Faden ; Feitshans ; Nightingale ; Rothstein ; Stellman and Daum ; Weeks, Levy and Wagner The universal threat to the fundamental human rights of life and security of person posed by unhealthy working conditions has been characterized in international human rights instruments and ILO standards.

Australia’s first Building Code sanctions imposed for WHS contravention –despite no injuries

Labour Hire On the first day after the end of a 6 month period, new provisions in relation … Continue reading WorkSafe inspectors will now be able to issue infringement notices to companies and individuals for certain occupational health and safety offences. However, the practical significance of this decision has been limited by recent legislative amendments. The High Court held that a casual … Continue reading. The Code took effect on 28 May The WHS Act provides that an approved code of practice is admissible in Court proceedings as evidence of whether or not a duty or obligation … Continue reading. The successful prosecution may be one of the last prosecutions brought under the OSH Act which is soon to be replaced by the new … Continue reading The long-awaited meeting of Australian WHS Ministers to discuss the response to the 34 recommendations contained in the Marie Boland independent review of the model Work Health and Safety Laws final report published in February Boland report , took place on 20 May If passed, the Bill will address some of the shortcomings in the SD Act which were initially highlighted by the Australian Human … Continue reading.

Workplace Health and Safety in Australia

It should be noted this decision has potential applicability beyond NSW to the States where the model work health and safety legislation has been implemented ie. Reflecting this status, employers are required by the WHS Act to allow HSRs to attend a course of training in work health and safety chosen by the HSR "in consultation with the person conducting the business or undertaking". The employer did not agree to arrange for the attendance of the HSRs on this particular course. SafeWork NSW upheld that decision on the internal review.

Appeal court decisions

Whole of WA Government search. In any other case, leave to appeal may be granted where a question of law is involved. An appeal to the District Court must be made within 28 days from when the Arbitrator provides the parties with the written reasons for the determination. The District Court may affirm, vary, quash, substitute or make an addition to the original Arbitrator decision. These decisions can be accessed via the eCourts portal.

Resources: E-updates

Australia , Workplace culture, diversity and discrimination including bullying and harassment. The report is the culmination of an month inquiry, led by Sex Discrimination Commissioner Kate Jenkins. What is abundantly clear from the report is the pervasiveness of sexual harassment in Australian workplaces, and the grave impact it has on victims. The Commission identifies gender inequality as the underlying condition for sexual harassment, and that sexual harassment occurs in all industries , but is most prevalent in industries which are male-dominated for example, construction and mining industries , hierarchical for example, the police, medical and legal professions and those industries where workers are exposed to a high degree of contact with third parties such as the retail, hospitality and health care sectors. The National Survey revealed that the industries with the highest rate of sexual harassment were the information, media and telecommunications, and the arts and recreation industries. The report makes 55 recommendations. Some of these are aimed at the existing legal and regulatory framework; others are more holistic, directed at creating change outside the workplace, implementing research initiatives, and education and training for key players, including boards and industry regulators.

OH&S Legislation in Canada - Basic Responsibilities

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Your rights at work

RELATED VIDEO: HR Basics: Employee Rights

Workers can also be considered visitors under some circumstances. As a worker, you must take reasonable care of yourself and not do anything that would affect the health and safety of others at work. You must follow any reasonable health and safety instructions from your employer. It is important that you:. Remember, health and safety representatives HSRs play an important role in representing the health and safety issues of a work group and can talk to your employer on your behalf.

With the support of the Australian Government, the ACT Government is establishing a scheme to provide financial support to people who contract an asbestos-related disease after living in a loose-fill asbestos insulation 'Mr Fluffy' affected property. A fact sheet about the scheme is available below. To register for updates about the scheme and how it will operate, please send an email to wsir act. For media enquiries, contact cmteddmedia act. A discussion paper seeking views on labour hire licensing scheme design has been released. Responses can be sent to wsir act.

As a worker , you have a legal responsibility to maintain your own health and safety and not place others at risk. Discrimination , sexual harassment and bullying and inappropriate behaviour is not acceptable and is against the law. If you are experiencing any inappropriate behaviour at work or you witness such behaviour, report it to your supervisor or manager.