UPDATE NATIONAL
Challenging excessive workloads Can ‘harmonised’ workplace health and safety laws make a difference?
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or many years, leading scholars and activists have advocated a more coherent and consistent system for regulating workplace health and safety (WHS) across all of Australia. They have sought improved rights for workers and their unions, as well as innovative, diverse and effective enforcement processes and penalties. Some progress was made towards this goal during the 1990s, but ultimately the drive collapsed under the Howard conservative Government.
Shortly after taking office, the Rudd Labor Government commenced work on the ‘harmonisation’ of the WHS regulatory systems across all jurisdictions. In April 2008, it commissioned a wide-ranging National Review into Model Occupational Health and Safety Laws. By late January, 2009, the Review Panel had handed down a set of recommendations that were to form the basis of a Model WHS Act. The Workplace Relations Ministers in the Federal and State Governments agreed that the final version of the Model WHS Bill 2010, developed by Safework Australia in lengthy and often feisty ‘consultations’ with unions and employers, would be adopted in every jurisdiction by 1 January 2012. Ultimately, only NSW, Queensland, the ACT and the NT have passed new WHS Acts. Even then, the Model Act was not adopted in its entirety in NSW or Queensland, and nor were the Model Regulations. Several Codes of Practice are not yet finalised. Western Australia remains opposed to key elements of the Model Act, while delay and debate continues in the remaining states.
$100 million in 2012-13, and sizeable commitments from 2014 and beyond. That facility, commonly known as the Obesity Centre, has been described by at least one member of its Board as a financial ‘black hole’. The recent auction of a Picasso painting donated to the University in 2011, netted $20 million, that has now been put to three new full professorships for the Obesity Centre. The Union has made it clear that putting money into new major works such as the Obesity Centre is counter intuitive if a budget crisis exists. NTEU has met with the University management numerous times to try and underMARCH 2012 www.nteu.org.au
The inconsistencies pose temporary difficulties for the NTEU, but there are enhanced opportunities to challenge excessive workloads right now in at least two states and two territories. It is selfevident that excessive workloads pose serious health and safety risks, including higher blood pressure, higher rates of cardio-vascular disease and stroke, even suicide, and other stress related illnesses and injuries. These risks have been identified in extensive research and are internationally recognised and accepted. The role and rights of the elected WHS Representative for defined work groups are enhanced in the harmonised laws, and of special note here is their right to training, to issue Provisional Improvement Notices and their ability to seek risk assessments. They are also entitled to be on a university’s WHS Committee, and that Committee must conform to new requirements and undertake specified activities. Added to this, are rights attached to NTEU officers and staff who are accredited WHS Right of Entry Permit holders. Perhaps most importantly, the new Acts introduce personal liability, with the result that Vice Chancellors, Members of the Senior Executive, Deans and possibly even Heads of School have duties of due diligence, and will almost certainly be personally liable for breach of the WHS Act. Failure to remove or reduce the risk of excessive workloads could well amount to such a breach. They could be personally liable for very high fines, and even be sentenced to imprisonment. NTEU National Executive has set up a Working Party to investigate this fresh avenue for to attack excessive workloads and develop a plan of action. Follow up with your Division Secretary to get involved or get more details. A Margaret Lee, Queensland Division Secretary
stand the evidence and rationale for such cuts. Despite demanding full transparency to resolve the dispute, the mixed messages continue and new reasons for the cuts are advanced. The campaign continues with pressure being put on the University Chancellor and Senate to explain their support for these management decisions. A dispute has been lodged with Fair Work Australia and is scheduled for hearing during March. A Patrick Brownlee, University of Sydney Opposite page, top: No Job Cuts mass meeting; bottom left: rally in the Quadrangle, 7 March; bottom right: Michael Thomson speaking; This page, right: O-Week rally in the rain. 11