Underpinning much of the discussion at the September 2009 Comcare Conference in Canberra was the impending release of draft documents about the Australian Government’s plan to harmonise occupational health and safety legislation. We kept our ears open: what better way, with workers’ comp harmonisation on the horizon, to acquaint ourselves with the pitfalls and pinnacles of the harmonisation process?

The key points we picked up were:

• People are taking the process seriously and are generally behind the idea of harmonisation;
• If the process is to be a success, it needs to be truly tripartite – that is, actively seek input from government, employer and employee groups; and
• Negotiations aren’t going to be easy!

Geoff Fary, the Assistant Secretary of the Australian Council of Trade Unions, gave the conference the Union perspective on OHS harmonisation.

Fary provided a telling timeline of the negotiating process, reminding delegates that the Rudd Government had echoed the Howard Government in promising that “no worker would be worse off” under the new OHS laws. This promise has been repeatedly put to the Federal Workplace Relations Minister, Julia Gillard, who refuses to restate the commitment.

In addition to their desire to hold the government to their worker welfare promise, the current concerns of the ACTU with regards to harmonisation are:

• There is a limit to consultation;
• Many health and safety representatives (HSRs) are worried that they can be sued;
• The employer’s duty of care needs clarifying and formalising; and
• Victims of workplace injuries and illness will not be able to prosecute offenders.

The ACTU disputes the claim that OHS harmonisation is necessary to reduce “red tape”. Fary said the claim is “overblown” as only 1% of businesses operate in more than one Australian state or jurisdiction. He believes that part of the government’s motivation is to sideline the Australian Chamber of Commerce and Industry in favour of the Australian Industry Group, headed by Heather Ridout.

The ACTU supports:

• Increased OHS penalties;
• Removal of the “crown shield”;
• Some new HSR provisions; and
• Potential action by the Director of Public Prosecutions.

RTWMatters asked Geoff whether he was concerned by the Western Australian (Liberal) Government’s persistent opposition to the harmonised laws. He, surprisingly, said that the process could continue without Western Australia’s support. That seems doubtful and, even if possible, a Liberal government is tipped to win in New South Wales during the implementation timeline for the model OHS law.

He also told delegates that if the tussle over OHS harmonisation was seen as difficult at the moment, it “would look like a Sunday school picnic” compared to the upcoming harmonisation of the Australian workers’ compensation system. Which gives us all something to look forward to, in the months ahead!