Public Administration News
Share
 |
Australia: NSW Signs Up to Julia Gillard's Workplace Safety Laws |
| Source: |
The Australian |
| Source Date: |
Saturday, May 28, 2011 |
| Focus: |
ICT for MDGs
|
| Country: |
Australia |
| Created: |
May 31, 2011 |
|
EMPLOYERS will no longer have to prove their innocence when facing a workplace safety hearing, and unions will not benefit from lucrative bonuses under new workplace safety laws passed yesterday in NSW.
After the former NSW Labor government held out against Julia Gillard's new national scheme, the state's new Coalition government has sided with federal Labor to introduce nationally consistent workplace safety laws.
The new laws abolish previously generous incentives for unions in NSW, including being able to pocket half the fines for successfully prosecuting OHS cases on behalf of workers.
Employers will also no longer be subject to the "reverse onus of proof" whereby employers had to prove they were innocent of causing a workplace accident rather than, as in all other courts, having to be proven guilty.
The role of the NSW Industrial Relation Commission will be further sidelined, with the most serious cases now to be heard in the NSW District Court and the Supreme Court.
The NSWIRC - set to have its powers of setting pay and conditions pegged back under the O'Farrell government - will still hear the vast bulk of cases, but they will be for less serious "category 3" matters.
The laws were passed after the Shooters and Fishers Party objected to their introduction ahead of the start of the federal uniform workplace safety rules. The new laws will now take effect from January 1, 2012, at the same time as the federal government's uniform rules.
Under other Shooters amendments, unions will now be allowed to prosecute a serious case in court only if WorkCover chooses not to, and the Director of Public Prosecutions allows the union to proceed.
"The NSW Liberals and Nationals promised to introduce this legislation in our first 100 days of government and we are delivering on that promise," NSW Minister for Finance and Services Greg Pearce said yesterday.
"We are making the laws easier to understand, cutting red tape for business and, most importantly, maintaining our strong work, health and safety framework."
Business leaders - who have long complained that the NSW laws were overly generous in favour of unions - welcomed the changes.
NSW Minerals Council chief executive Sue-Ern Tan said it corrected a serious inequality in NSW businesses when compared to the rest of the country.
"For serious offences where you risk going to jail, you now have fundamental legal rights such as the right to be tried by a jury of your peers and the right to appeal to the highest court in the land," she said.
|
|
|
|
|
|
 Tag This |
Australia: NSW Signs Up to Julia Gillard's Workplace Safety Laws EMPLOYERS will no longer have to prove their innocence when facing a workplace safety hearing and unions will not benefit from lucrative bonuses under new workplace safety laws passed yesterday in NSW
 Tell A Friend |
|
 del.icio.us digg this Slashdot |
| Rate: |
0 ratings
|
Views: |
41 |
| Comments: |
0 |
Favorited: |
0 |
Bookmarked: |
0 |
Tagged: |
0 |
|
|
|
|