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Fair Work inspectors to make educational visits to employers in Adelaide

online@safetyinaustralia.com.au (Administrator) — Sat, 19 May 2012 04:37:08 +0000

The Fair Work Ombudsman will make educational visits to about 200 businesses around Adelaide over the next two months.

Fair Work inspectors will visit mainly manufacturing, building supplies, engineering, vehicle repair, road transport and maintenance industries in the suburbs of Lonsdale, O’Sullivan Beach, Woodville and Wingfield.

Fair Work Ombudsman Nicholas Wilson says the informal visits will assist employers to understand national workplace laws, including the National Employment Standards and Modern Awards.

“Information packs being distributed include helpful resources such as fact sheets, templates and Best Practice Guides,” he said.

“We are very serious about our job of building knowledge and creating fairer workplaces and we are strongly focused on ensuring the community understands its workplace rights and obligations.

“The best workplace relations advice I can give to business operators is to get the basics right and everything else should start to fall into place.

“By the basics, I mean knowing what Award applies to your employees, the correct classifications and pay rates.”

The Fair Work Ombudsman provides a single point of contact for people working or running a business in Australia to get information about their workplace rights and obligations.

Workers or employers seeking support should get in touch with the Fair Work Ombudsman via the website - www.fairwork.gov.au - or call the Fair Work Infoline on 13 13 94.

A free interpreter service is available on 13 14 50 and information on the website is translated into 27 different languages.

The website has a number of tools and resources, including PayCheck Plus and an Award Finder, to assist business-owners calculate the correct pay for their employees.

Free documentation is available Online for employers to use when hiring, managing and dismissing staff including letters of engagement and probation, timesheet and pay slip templates, leave application forms, a self-audit check list and workplace complaint form.

The ‘Industries’ section on the Fair Work Ombudsman’s website provides information specifically tailored for employers and workers in the retail, cleaning, clerical, hair and beauty, security, horticulture and vehicle industries.

Former Perth resort operator fined for underpaying employees

online@safetyinaustralia.com.au (Administrator) — Sat, 19 May 2012 04:36:47 +0000

The former operators of a resort near Perth have been fined a total of $23,100 for underpaying three employees.

Matthew Marinko Pavlinovich - who formerly owned and ran the El Caballo Resort at Wundowie, just east of Perth - has been fined $3850.

Pavlinovich’s private company MMP Management Services Pty Ltd, through which he operated the resort, has been fined a further $19,250.

The fines, imposed in the Federal Magistrates Court in Perth, are the result of a prosecution by the Fair Work Ombudsman.

Federal Magistrate Toni Lucev imposed the fines after Pavlinovich admitted he was centrally involved in underpaying three female employees at the resort a total of $6533 between January and December, 2009.

The employees - a stable manager, gardener and function manager - were underpaid $4002, $2222 and $309 respectively in wages and annual leave entitlements.

The underpayments were rectified only after inspectors made multiple requests for back-payment over several months.

Pavlinovich was also involved in his company failing to comply with a Fair Work inspector’s Notice to Produce employment records, not paying employees frequently enough and failing to comply with laws relating to keeping employment records and issuing pay slips.

“This Court has previously observed that the failure to produce documents is possibly more serious than the failure to pay entitlements because the failure to produce documents prevents the Fair Work Ombudsman from carrying out investigations to determine whether or not an employee has been paid entitlements, minimum or otherwise,” Federal Magistrate Lucev said.

Fair Work Ombudsman Nicholas Wilson says the Court’s decision illustrates that non-compliance with fundamental workplace laws relating to minimum pay rates and employment records are serious matters.

Employers or employees seeking assistance should visit www.fairwork.gov.au or contact the Fair Work Infoline on 13 13 94. A free interpreter service is available on 13 14 50.

The website has a number of tools and resources, including PayCheck Plus and an Award Finder, to help business-owners calculate the correct pay for employees.

Free documentation available Online includes timesheet and pay slip templates.

Court fines labour hire company over “no union ticket, no start” policy

online@safetyinaustralia.com.au (Administrator) — Sat, 19 May 2012 04:36:03 +0000

The Federal Court has fined a national labour-hire company which says it adopted a “no-ticket, no-start” policy in Western Australia “to keep industrial peace”.

Justice John Gilmour has found the company’s conduct displayed “complete disregard” for both the law and individual rights.

He imposed a penalty of $7500 against Offshore Marine Services (OMS) Pty Ltd following an investigation and prosecution by the Fair Work Ombudsman.

The Fair Work Ombudsman initiated legal action against both OMS and the Maritime Union of Australia (MUA), but after OMS signed an Agreed Statement of Facts admitting its contraventions, the Federal Court is hearing the case in two parts.

The MUA is defending the proceedings, which have yet to be tried. A directions hearing is listed for September 20.

Justice Gilmour has delivered a 16-page judgment dealing with the Fair Work Ombudsman’s allegations against OMS, which supplies staff to work on offshore vessels in the oil and gas industry.

He found OMS breached workplace law by requiring that membership of the MUA was a pre-requisite for employment - and that a married Perth couple who were refused employment in 2009 because they were not MUA members had been “discriminated against and treated unfairly”.

It is unlawful under freedom of association provisions of the Fair Work Act for an employer to refuse to employ a person because they are not a member of a union.

In his written judgment, Justice Gilmour says: “The (couple) were denied employment as a result of the refusal of OMS to employ them because they were not members of the MUA.”

Justice Gilmour found that: “OMS accepts that its conduct was deliberate in the sense that it consciously had a practice of only employing members of the MUA.

“The respondent (OMS) submits that there is no suggestion that the practice was designed for the purpose of breaching the law, but rather it was a practice designed to keep industrial peace.

“I give this submission no weight. The means of maintaining its stated object of industrial peace was to deliberately breach the law.

“I find that the conduct of OMS, in effect, displayed a complete disregard towards the freedom of association provisions and protections contained in Commonwealth employment laws, as well as a complete disregard for the individual rights of the (couple).

Justice Gilmour said: “OMS is a ‘large sized’ successful and well-resourced business having dedicated human resources staff. It was clearly able to obtain competent legal advice about its obligations as an employer under Commonwealth laws and the importance of compliance”.

Justice Gilmour said a financial penalty was required to ensure “general deterrence” and ordered that a fine of $7500 be paid by OMS within 30 days.

Worker fears asbestos reached his kids

online@safetyinaustralia.com.au (Administrator) — Sat, 19 May 2012 04:34:30 +0000

A CARPENTER and father-of-two is one of more than 100 workers and families potentially left exposed to deadly asbestos after a safety bungle at an Ipswich worksite.

Brad Ayers, 33, is among workers believed in the "significant potential exposure" category.

Work at the site of a bridge repair near Ipswich began earlier this year, despite material believed to be asbestos potentially having never been tested, according to workers and union officials.

That left workers to drill and grind the carcinogenic substance for extended periods before going home to hug their wives and children. Work stopped this month only after an analysis identified a substance at the site as chrysotile asbestos.

Mr Ayers is terrified that daughters, Emily, 15, and Hannah, 5, have been exposed as a result of him hugging them.

"It makes me sick to my stomach," he said.

"They just lied to our faces. I go straight to my kids when I go home. I'm distraught beyond angry."

The RoadTek project began on the Ripley Road overpass on the Cunningham Highway after a truck smash in early January left it severely damaged.

Formwork on the underside of the bridge is made up of a 25mm sheet of asbestos, which - as a result of the crash - had to be removed.

Workers say a piece of material suspected to be asbestos was handed in for analysis in early January. Work went ahead, with staff being told the site was safe. But management is now at a loss to explain how this happened, given they have no idea whether the sample ever existed or was even tested.

A RoadTek investigation is under way to determine whether the sample was tested.

RoadTek says five or six workers are believed to have experienced "significant potential exposure" but

about 150 workers entered the site between January and May.

Construction union CFMEU's safety co-ordinator Andrew Ramsay said several workers had not worn proper protection because they were told the site was asbestos-free.

"I'm lost for words on why the hell they would have done this - another day or two would have been neither here nor there," he said.

A report commissioned by RoadTek and obtained by The Courier-Mail reveals that a sample analysed on May 2 was chrysotile asbestos - identified by the National Occupational Health and Safety Commission as a Class 1 carcinogen.

http://www.couriermail.com.au/ipad/asbestos-safety-bungle-worker-fears-his-hugs-may-have-exposed-children/story-fn6ck45n-1226359358665

ACTU congress slams BHP on safety record

online@safetyinaustralia.com.au (Administrator) — Sat, 19 May 2012 04:33:18 +0000

THE ACTU congress has condemned BHP Billiton's safety record after company chairman Jac Nasser slammed Australian labour laws for being too restrictive.

Mr Nasser has said inflexible regulations are causing never-ending industrial strife at BHP's central Queensland coal mines.

But the ACTU congress in Sydney has passed a resolution declaring its support for the 4000 BHP mineworkers in the Bowen Basin who have been engaged in an 18-month stand-off over enterprise bargaining.

It accused BHP of wanting to dilute safety in Queensland, arguing this approach had caused the deaths of 29 coal miners at the Pike River Coal Ltd's mine in New Zealand in November 2010.

"We condemn BHP's pursuit of safety deregulation that would transfer vital safety roles from qualified workers on the job to management," it said.

"We note that this was the key factor that led to the recent Pike River disaster in New Zealand in which 29 coal miners perished."

The ACTU resolution also accused BHP of being unco-operative with the Construction Forestry Mining and Energy Union, the Australian Manufacturing Workers' Union and the Electrical Trades Union.

"We fully support the mineworkers in their campaign to protect their rights at work and defend vital safety, workplace and other conditions such as rosters and accommodation that would further damage families and hurt mining communities if BHP has its way," it said.

Federal Workplace Relations Minister Bill Shorten, who addressed the ACTU conference on Thursday, said BHP Billiton's inability to negotiate with staff was to blame for its industrial strife.

"If a company is struggling to persuade its longstanding workforce of the case for change, then perhaps the problem isn't just the law, maybe it's the way the case is being put and the engagement of the workforce," he said.

http://www.theaustralian.com.au/news/breaking-news/actu-congress-slams-bhp-on-safety-record/story-fn3dxity-1226359189466

Queensland construction business fined for underpaying teenager

online@safetyinaustralia.com.au (Administrator) — Thu, 17 May 2012 04:14:54 +0000

The former operators of a Queensland construction business have been fined a total of $9000 for underpaying a teenage employee.

David James Hoskins, who together with his wife formerly owned and ran a construction business at Logan City, has been fined $1000.

JDAC Pty Ltd - the private company through which Hoskins and his wife operated the business - has been fined a further $8000.

The fines, imposed in the Federal Magistrates Court in Brisbane, are the result of a prosecution by the Fair Work Ombudsman.

A full-time carpenter employed by JDAC was underpaid $8947 between June, 2008 and February, 2009 when he was aged 18 to 19.

The underpayment was the result of the employee being paid apprentice rates, despite not being formally registered as an apprentice.

Under workplace law, employers can pay an employee apprentice rates only when the employee and employer have completed an apprenticeship contract and lodged it with the relevant authority to register the apprentice.

JDAC paid the employee apprentice-rates of $7.46 to $7.73 an hour despite not having completed or lodged an apprenticeship contract for him.

Because the employee was not registered as an apprentice, he was entitled to be paid more than $15 an hour.

Fair Work inspectors discovered the underpayment when they investigated a complaint lodged by the employee.

Full rectification of the underpayment occurred only after the Fair Work Ombudsman launched its prosecution.

Fair Work Ombudsman Nicholas Wilson says the penalty illustrates that underpaying young workers is a serious matter.

There are sections of the Fair Work Ombudsman’s website - www.fairwork.gov.au - devoted to providing information specifically in relation to young workers, apprentices and trainees.

Employers or employees seeking assistance can also contact the Fair Work Infoline on 13 13 94. A free interpreter service is available on 13 14 50.

Free information and advice for working parents

online@safetyinaustralia.com.au (Administrator) — Thu, 17 May 2012 04:14:32 +0000

The Fair Work Ombudsman will provide free advice and information to working parents over the next three days as part of the ‘Pregnancy, Babies & Children’s Expo’ at the Sydney Showgrounds Exhibition Centre at Olympic Park.

Fair Work advisers, located at stall J25, will be on hand to discuss the workplace rights of working parents and pregnant women from tomorrow until Sunday.

Advisers will also assist employers to understand their obligations under workplace laws by highlighting the educative materials on parental leave, flexible working arrangements, discrimination and the National Employment Standards the Fair Work Ombudsman has available for employers.

Under workplace laws, employees are entitled to resume their previous position - or another mutually-agreed position - after their return from parental leave.

It is unlawful to discriminate against an employee on the grounds of pregnancy and family or carer responsibilities.

Advisers can also help employers and employees understand what entitlements employees have to carer’s leave and paid and unpaid parental leave.

Fair Work Ombudsman Nicholas Wilson says his Agency is proactively raising awareness of workplace laws in the community.

“We have a range of resources on our website to assist employers and employees to comply with workplace laws relating to working parents and pregnant women, including checklists, Best Practice Guides and fact sheets,” Mr Wilson said.

The range of Best Practice Guides covers topics including work and family, parental leave, consultation and co-operation in the workplace and improving workplace productivity through bargaining.

Mr Wilson says employers who operate at best practice go beyond their minimum legal obligations to develop parental leave policies that are tailored to employee needs, while also improving the productivity of the workplace.

“Employers with parental leave policies that make employees feel valued can benefit from having more committed and productive staff,” he said.

Boardroom alert: James Hardie cases

online@safetyinaustralia.com.au (Administrator) — Thu, 17 May 2012 04:14:00 +0000

The High Court has confirmed that seven former non-executive directors of James Hardie Industries Ltd (JHIL) breached their duties to act with due care and skill by approving the release of a misleading announcement to the Australian Securities Exchange (ASX) concerning the funding arrangements of JHIL's asbestos liabilities. The High Court rejected the directors' argument that the draft ASX announcement had neither been tabled at the meeting nor approved by them, finding that there was sufficient evidence of both events.

The High Court has also confirmed that the former company secretary and general counsel breached his duties, and that in reviewing his conduct it was not possible to separate his "company secretarial" from his "other" functions.

To read our analysis of the decision on the directors and its implications please click here.

To read our analysis of the decision on the general counsel, and its implications for company officers, please click here.

To watch Lis Boyce discuss the implications of the James Hardie decision on Monday's Boardroom Radio Live Legal Brief, please see the top right hand column of our wepage here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Specific Questions relating to this article should be addressed directly to the author.

Hospital site workers walk out over safety

online@safetyinaustralia.com.au (Administrator) — Thu, 17 May 2012 04:13:28 +0000

The union representing workers at dispute at the Cairns Base Hospital's redevelopment site in far north Queensland are concerned their safety could be compromised if issues are not resolved soon.

About 100 workers walked off the job for the second day in a row yesterday, amid a dispute with contracting firm Abigroup, over safety.

The Electrical Trades Union (ETU) met Workplace Health and Safety (WHS) officers yesterday.

ETU spokesman Beau Mallone says he hopes it is resolved before someone gets hurt.

"There was fall-from-heights issues there the other day and if you fall from some of the heights there ... there's no saying what the result would be," he said.

"It could be the worst case scenario where someone gets hurt beyond repair or it could be a broken leg, a broken arm.

"When Abigroup don't take safety seriously, it becomes very hard for the workers to rectify any issues they're coming across.

"If you've got a contractor like Abigroup who's really only interested in pushing production, that's certainly going to create safety concerns."

http://www.abc.net.au/news/2012-05-17/hospital-site-workers-walk-out-over-safety/4016730

Unions escalate WorkCover cuts campaign

online@safetyinaustralia.com.au (Administrator) — Thu, 17 May 2012 04:12:53 +0000

Unions are ramping up their campaign against cuts to compensation for injured workers in New South Wales.

The State Government is planning a massive overhaul of workers' compensation entitlements in response to a multi-billion dollar blowout in WorkCover claims.

Under the proposed changes, medical benefits would be capped, while claims for injuries incurred while travelling to and from work would be banned.

Unions say the changes would force many sick and injured people back to work and drive others onto pensions and into poverty.

Forty-two-year-old Grant Casey was a parole officer before he injured his back moving a table at work in 2009.

"I've had five lots of surgery," he said.

"They tried cutting away the disc and then an implant but that didn't work and they ended up fusing it.

"I ended up having a knee reconstruction because I was utilising my knees more, you know. And I've had bowel problems because of the medication I'm taking and had surgery with that."

Despite the pain Grant Casey tried to get back to work.

"There was a phone call saying it's cancelled - there's no light duties available. You can either come back fully fit or there is no returning to work," he said.

"So I went back to work full-time in January 2011...I was just getting intense pain. It was just aggravating.

"I know that I just want to get back to my best and get back to work."

The New South Wales Government says the WorkCover scheme is costing far too much and it wants to put a cap on benefits to injured workers, and that has Mr. Casey worried.

"I would have no income whatsoever now if that was introduced. I'd be in dire financial straits," he said.

"(I'd need to) either get assistance from family or have to sell the home."

The Government's planned changes would also scrap compensation for injuries sustained during trips to and from work and nervous shock payouts to partners of those killed at work.

Mark Lennon is from Unions New South Wales.

Audio: Listen to the story (AM)

"At the moment injured workers' payments are basically at the award rate for the first 26 weeks and then they move to a statutory rate," he said.

"The Government is proposing to reduce their payments after 13 weeks but we're seeing proposals that, after two-and-a-half years, weekly payments would cease.

"Also after two-and-a-half years for those injured, severely injured workers and others, it appears there'll be a cap on their medical payments."

Mr Lennon acknowledges the $4 billion deficit in the WorkCover scheme needs to be addressed.

"That's why we're proposing reforms that would help people get back to work more quickly," he said.

"Remembering of course that about half that deficit is owing to the present financial circumstances - their 10 year estimates of the liabilities of the scheme.

"Of course, should the economy pick up the deficit will also reduce.

"But there are some changes that need to be made. We admit that. What we say is that it shouldn't be attacking workers benefits.

"As we say, I think there's improvements a) in administration; b) in the way the insurance agents react with the scheme or interact with the scheme; and c) as we say, improving the way we can get people back to work more quickly."

Mr Lennon warns the government's proposed changes will force injured and sick people even further away from work.

"Ultimately what happens is that they end up moving onto other forms of benefits such as disability support pensions," he said.

"So in a sense the issue doesn't go away, it's just removed from the state taxpayer to the federal taxpayer."

The state's Finance Minister says reform of WorkCover is a matter of the highest priority for the Government.

A parliamentary inquiry into the proposed changes begins this week and will report back next month.

http://www.abc.net.au/news/2012-05-14/unions-escalate-workcover-cuts-campaign/4009340