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AMMA Bulletin – July 2008
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Editorial
Feature Article
News Roundup
Case Files
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AMMA Training and
Education
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August 2008
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Maritime Museum, Fremantle
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AMMA’s proposed modern mining award ready
for discussion
AMMA’s
key focus this month has been on award modernisation
The
task of reviewing all of the awards that apply in the metalliferous mining
sector has been a challenging one for the AMMA award modernisation project
team. The task has been made more difficult by the fact that the mining industry
does not have a federal award that covers the majority of work performed. As
a result the new model award has been derived from award content from the
common rule state awards (and in Western Australia from key commodity awards).
AMMA
has developed a modern flexible safety net award from the key mining industry
awards across Australia. A copy
of the award was distributed to members on 30 July 2008 and is accessible from the
AMMA web site.
The
award is designed to preserve the operational flexibilities provided by each
award and ensure that employees are not disadvantaged. The first task was to
determine what activities would be covered by the award, this task was not easy!
Issues confronting the working party included the inclusion/exclusion of
catering and cleaning, the salt industry, the aluminium industry, exploration,
quarrying of building products and so on.
The
next task was the development of a new approach to award respondency that
recognises the common rule application of the new awards but does not expand
existing union coverage or disturb union demarcation decisions.
Finally
the team got onto award content, with the toughest task being the development
of a simple classification structure that would embrace the varying approaches
in place. In the end a six level broad banded structure was proposed.
The
balance of the award content is designed to accommodate the flexible, often
compressed rostering arrangements which are common place in remote working
arrangements. The key to this flexibility is the ability to average the
ordinary hours over the period of a year. Due to the restrictive nature of the
new National Employment Standards, this flexibility will not be available to
employees who are not covered by a modern award. This is a major deficiency of
the Forward with Fairness policy and one that AMMA has repeatedly raised with
the Government.
The
modern award also provides for the payment of an annual salary or an ‘all in
rate’ for employees paid on an hourly basis.
Finally
a mechanism has been proposed which will preserved state enterprise awards
until 2014.
Formal
discussions on AMMA’s proposed modern award will commence on 7 August 2008 and
we look forward to reporting our progress and the task continues.
Back to Top
Developments
in the field of education and training
Written
by Mark
Jones Education and Training Adviser in AMMA’s Perth office.
AMMA Education and Training offers a wide
range of services to assist organisations achieve their education, training and
development goals. Our training, education and development services are
constantly updated to ensure AMMA delivers products that surpass user
requirements.
AMMA Education and Training delivers
training, education and development services specific to the resources and
allied services sector and can be delivered anywhere in Australia.
To some readers the first two paragraphs may
have a familiar ring. You may have read these previously in our information
document.
You may already know some of what is
involved with training, education and development, but are you aware of the
subtle changes that are passed on from the recommendations of the industry
through Government departments to Registered Training Organisations like AMMA?
Some of the most recent changes introduced
were those of the Employability Skills. Employers in Australia, and around the
world, are placing greater and greater emphasis on the ‘soft skills’ that
support effective participation in the workplace.
The Employability Skills have been
identified and formally described by the Department of Education, Employment
and Workplace Relations (formally known as the Department of Education, Science
and Training) in response to recommendations from The Business Council of
Australia and the Australian Chamber of Commerce and Industry.
The
Employability Skills are:
§
Communication
§
Teamwork
§
Problem
solving
§
Initiative
and enterprise
§
Planning
and organising
§
Self-management
§
Learning
§
Technology.
Employability Skills, in and of themselves,
are not a new concept. They describe non-technical skills and competencies that
have always been an important part of effective and successful participation in
the workplace. Their explicit inclusion represents the progression of
competency based training into a system which develops the full range of
transferable skills, attitudes and behaviour required for successful
participation in the workplace.
What is new about Employability Skills is
the emphasis they are being given. Enterprises are increasingly asking for
Employability Skills, and as a result learners and candidates for assessment
need to know what these skills are and how to demonstrate them.
Employability Skills, like Key Competencies
before them, are specific conceptualisations of what are known more broadly as
generic skills. They are also referred to as generic capabilities, enabling
skills or even key skills. What they describe are non-technical skills and
competencies that play a significant part in contributing to an individual’s
effective and successful participation in the workplace.
The Key Competencies used in the Australian
National Training System were:
§ Collect, analyse and
organise information
§ Communicate ideas
and information
§ Plan and organise
activities
§ Work with others in
teams
§ Use mathematical
ideas and techniques
§ Solve problems
§ Use technology.
Central to the identification of the eight
employability skills was the realisation by employers that the skills
emphasised by Key Competencies were no longer adequate. They were too generic
in their approach and no longer reflected the needs of contemporary workplaces.
After extensive consultation with industry and enterprises across Australia, the skills were identified and a framework was recommended.
The National Quality Council endorsed the
approach to explicitly embed Employability Skills into Training Packages.
Training Packages are sets of nationally endorsed standards and qualifications
for recognising and assessing people's skills.
Training Packages are developed by industry
through national
Industry Skills Councils or by enterprises to meet the identified training
needs of specific industries or industry sectors.
A Training Package
describes the skills and knowledge needed to perform effectively in the
workplace. They do not prescribe how an individual should be trained. Teachers
and trainers develop learning strategies - the ‘how’ - depending on learners'
needs, abilities and circumstances.
The Department of Education, Employment and
Workplace Relations has been working with Industry Skills Councils to ensure
that Employability Skills are integrated into all nationally endorsed Training
Packages.
Employability Skills are considered to be
explicitly embedded when units of competency are written in a manner which
makes the relationships between Employability Skills and the other performance
requirements clear and readily identifiable.
Following the endorsement of Employability
Skills, Industry Skills Councils began working with training package developers
to map and embed these eight Employability Skills.
In order to achieve this, every Industry
Skills Council used the Employability Skills Framework from the Employability
Skills for the Future report as a starting point. In many cases, the
Framework was further modified to capture industry- specific requirements.
These requirements were then mapped to existing Training Packages and embedded
and strengthened in units of competency.
The above scenario illustrates the
continuously changing and complex nature of the education, training and
development area. AMMA Education and Training strives to ensure that the
products we provide to our members reflect the latest developments in theory
and practice in our field.
Should you wish to
know more about any of the issues or the products and services that AMMA
Education and Training provides, please contact any of our staff on 1800 891
662 or at training@amma.org.au
Back to Top
Low-paid
workers given $21.66 a week rise
The Australian Fair Pay
Commission (AFPC) on July 8 awarded a $21.66 a week increase to the federal
minimum wage and all Australian Pay and Classification Scales.
This
takes the federal minimum wage from $522.12 a week to $543.78, and from $13.74
an hour to $14.31.
AFPC
chair Professor Ian Harper described the decision as both ‘sustainable and
appropriate to current economic conditions’. ‘It is a decision that takes into
account the state of the national economy and the circumstances of low-paid
Australians’, he said, noting it had been made in a time of ‘economic
transition and uncertainty’.
This
year’s decision also ends the deferral of 2007 increases to some employees in
the drought-affected farming sector. Employers who received a deferral will now
have to pay their employees both the 2007 and 2008 increases.
‘The
commission will continue to monitor the impacts of its decision closely and
publish half-yearly monitoring reports,’ Harper said.
In
submissions to this year’s review, the Federal Government did not prescribe a
quantum increase; ACCI argued for a ‘genuinely moderate increase’; and the ACTU
asked for $26 a week.
The 2008
decision takes effect from the first pay period on or after October 1.
To view
the decision and related fact sheets, go to: www.fairpay.gov.au.
Back to Top
Tas
bench awards $19 a week minimum wage rise
A Full
Bench of the Tasmanian Industrial Commission has awarded low-paid workers in
the state a $19 a week increase.
The
decision increases award wage rates by $19 a week, wage related allowances by
3.1 per cent, raises meal allowances to $14.60, and brings the state minimum
wage to $546.20 a week.
Employer
and union parties to the Tasmanian state wage case agreed on the $19 increase
in June via a memorandum of understanding, with the formal decision published
on July 18.
The
Tasmanian Trades and Labor Council argued in its submission the unemployment
rate in the state was at a record low of 5 per cent; an extra 4,000 jobs were
expected to be created in 2008/09; and the state’s economic growth would
continue to be driven by public and private sector investment, consumer
spending and increases in the volume of mineral-related exports due to
increased mining activity in the state.
The bench
agreed the increase was ‘unlikely to have any serious impact on employment or
the economy albeit we note the constraint referred to by the parties in respect
to the lack of available skilled labour’.
The
decision takes effect from the first full pay period on or after August 1.
Parties
to state wage cases in South Australia and Queensland are awaiting outcomes.
To view
the Tasmanian state wage case decision, click here.
Back to Top
Pay
scale summaries updated for 400 common awards
The
Workplace Authority has posted updated pay scale summaries for more than
400 commonly used awards to reflect this year’s federal minimum wage
decision.
The
updated pay scale summaries set out wage rates that will operate from
October 1 when the minimum wage decision takes effect.
The
summaries are derived from the relevant pre-Work Choices federal and state
awards and are a guide only.
To view
the updated pay scale summaries, click here.
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What
unions are lobbying for in substantive bill
Unions
are lobbying the Commonwealth to extend to all carers the right to request
flexible work arrangements, and to enhance multi-employer bargaining
provisions, ACTU president Sharan Burrow told the 20th Women,
Management and Employment Relations Conference on July 24.
‘Work
Choices didn’t just magically disappear with the change of government: laws
must be redrafted, industrial and legal detail must be re-worked to a minute
degree, politicians and lobby groups must be persuaded, in order to get the
best possible outcome for working Australians,’ Burrow said.
The
National Employment Standards’ right for parents to request flexible working
arrangements until children reach school age was a start but needed to ‘go
further’, she said.
‘There
are half a million primary carers in Australia, 70 per cent of them are women.
They care not just for pre-schoolers, but older children, disabled, elderly and
chronically ill family members. The right to request flexible work arrangements
should be extended to include all of them.’
According
to Burrow, the obligation on employers with regard to the right to request is
‘too narrow’. ‘To be meaningful, the right to request flexible work must be
accompanied by an obligation on the employer to give fair consideration to the
request and give the employee some formal recourse if the request is turned down.’
Similarly,
the proposed good faith bargaining provisions needed to be tailored ‘to ensure
that good faith bargaining can be a reality for all workers, including the
low-paid’, she said.
Current
successful models for multi-employer bargaining should be expanded beyond what
is currently on the table, she said. The multi-employer bargaining provisions
should include the ability to ‘seek enforceable orders to bargain in good faith
and the capacity to take protected industrial action’.
Gender
pay gap ‘worst in finance and mining’
The
gender pay gap was another issue needing action in the substantive WR
legislation, for which unions were already lobbying, Burrow said.
While
women earned less than men in all industry sectors, the ‘worst’ gender pay gaps
were seen in finance and insurance (where women earned 61 per cent of male
earnings) and in mining (where women earned 76 per cent). Government,
administration and defence had the best pay equity record (91 per cent), along
with retail (90 per cent) and education (89 per cent), Burrow said.
‘The ACTU
will soon lodge its submission to the parliamentary pay equity inquiry, in
support of strong and broad equal pay principles’, she said.
Unions
are also ‘determined to ensure that paid maternity leave becomes a right for
all Australian women by this time next year’. Fourteen weeks’ leave at the
minimum wage paid by the Federal Government should be the ‘basic minimum
standard provided to all women’, Burrow said. Where women already had a paid
maternity leave entitlement, the 14 weeks should be paid on top, she said.
‘The
scheme is immediately affordable and can be built on without imposing a levy or
any other sort of tax on working women, which would only add to the existing
pay equity gap’, she said.
The ACTU
will soon make its submission to the parliamentary inquiry into the Sex
Discrimination Act, calling for a new model for dealing with discrimination.
‘Under our model, employers should have a positive obligation of equal
treatment’, Burrow said.
The
government should also consider a ‘broader set of regulatory tools beyond the
individual complaints model’, she said.
To view
the full speech, click here.
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AIRC
extends priority award submission deadlines
A Full
Bench of the Australian Industrial Relations Commission has extended by one
week the deadline for draft priority awards and submissions on the scope of
awards, now August 1.
In a July
22 statement, the Full Bench said the extension of time was in response to a
letter from ACTU secretary Jeff Lawrence requesting a timetable change.
The
letter said that ‘despite intensive work, ACTU affiliates are finding it
extremely difficult to meet the requirements of the 25 July 2008 closing date
for lodging written submissions, drafts of modern awards and other proposals
concerning the scope, content and transitional arrangements for each of the
priority modern awards’.
The Bench
said it understood some employer organisations and other parties were
experiencing similar difficulties. AMMA was not one of the organisations
requesting an extension of time and had its draft award ready to go by July 25.
In
addition to the deadline for submissions being extended to August 1, the public
consultation date for the mining industry has been moved back to August 7 (from
July 30); and the consultation date for coal mining has been moved back to
August 8 (from July 30).
The final
date for making fourth stage modern awards remains December 4.
To view
the Full Bench statement, click here.
Back to Top
Sub-class
457 visa sponsorship obligations to be overhauled
The
obligations employer sponsors should have towards 457 visa holders will form
part of the ‘broad reform’ of the laws covering the visa scheme, Minister for
Immigration and Citizenship, Chris Evans, has announced.
The
review is focused on making the scheme more responsive to labour market needs,
while protecting the employment and training opportunities of Australians, as
well as the rights of overseas workers, Evans said.
He plans
to introduce a Bill to amend the Migration Act 1958. A discussion
paper has been released intended to spark feedback from stakeholders as one
part of the consultation process.
AIRC
commissioner Barbara Deegan is also examining the temporary skilled migration
program to address concerns about the exploitation of migrant workers, salary
levels and English language requirements in order to improve the integrity of
the scheme. She is due to report in October.
The
discussion paper proposes sponsorship obligations should include the obligation
to: keep records; provide information; notify the Department of changes in
circumstances; notify the visa holder of certain information including about
the rights associated with working in Australia; co-operate with inspectors;
and pay the costs of locating, detaining, removing and processing protection
visa applications.
Other
proposed obligations include to not use overseas workers as ‘strike-breakers’.
This would prevent sponsors utilising overseas labour during periods of lawful
industrial action or to influence enterprise bargaining negotiations.
‘Currently, there is no equivalent undertaking’, the discussion paper notes.
Sponsors
to be liable for extra payments
The
discussion paper also proposes sponsors should be obligated to: pay income
protection insurance; pay the primary visa holder at least a particular amount;
and pay their travel costs to Australia. ‘One advantage of such a potential
obligation is to avoid the possibility of sponsors paying the relevant costs
and later recovering them from visa holders’ salaries’, the paper says.
Sponsors
would also be required to pay the costs associated with recruitment. ‘For
example, if an employer was aware that a Subclass 457 visa applicant paid
$10,000 to an offshore agent to secure the opportunity to apply for the visa
and the employer proceeded with the recruitment anyway, the employer would be
required to pay the $10,000 or reimburse the visa applicant’, the paper says.
This obligation does not currently exist.
Sponsors
would also have to pay: costs associated with migration agent services; costs
associated with licensing and registration; certain medical costs or health
insurance; and education costs for certain minors.
Expanded
compliance powers proposed include: desktop audit monitoring; in person
monitoring; and a beefed up offence for providing false or misleading
information. Administrative sanctions such as suspension of sponsorship
approval have also been effective, the paper says. There could also be punitive
sanctions for non-compliance.
‘Currently,
the Department does not publish the names of sponsors who have been found in
breach of their obligations’, the paper says. ‘The proposed legislation would
provide for this to occur. In practice, it is envisaged that sponsor names
would only be published where non-compliance has not been remedied or for
repeat offenders.’
To view
the discussion paper, click here.
To view
the AMMA guide on temporary immigration options for employers, click here.
Back to Top
ACTU
uses Galaxy survey to pressure Rudd
The ACTU
is using a survey conducted for it by Galaxy Research to pressure the Rudd
Government to implement some of its IR laws before 2010, in particular changes
to unfair dismissal laws and collective bargaining.
According
to the ACTU, the survey of 1,009 people, many of them Labor voters, showed: 73
per cent opposed any further delay in changes to unfair dismissal laws; 69 per
cent opposed any delay in restoring collective bargaining rights; and 64 per
cent disagreed with employees of small business having to serve a 12-month
qualifying period before bringing an unfair dismissal claim.
According
to ACTU president Sharan Burrow, the poll proves business groups are out of
step with public opinion. She also suggested the Rudd Government could be in
danger politically if it defers the two key reforms until 2010.
Back to Top
Still
a future for Australian coal, says AWU
The AWU
has rejected the view there is no future for coal in the Australian or global
economy in its position paper responding to the Garnaut Report and the Green
Paper on carbon reduction.
‘Carbon
capture and storage (CCS) technologies represent potentially the single most
important abatement measure to secure safely future emissions without stranding
enormous reserves of coal resources and assets’, the paper said.
Workers
in emission-intensive industries can play a major role in reducing harmful
emissions, promoting energy conservation and suggesting work organisation and
improvements, the paper said.
‘The government
can be more pro-active in promoting the value of Australia’s traditional
industries employing best practice production methods in contributing to better
global greenhouse outcomes.’
The paper
said China had the worst record for deaths in coal mines, and Australian unions
had been working with the All-China Federation of Trade Unions (ACFTU) to help
them lift their OHS standards to save lives.
‘Working
in partnership with organisations such as the ACFTU with close working
relations with the Chinese government, has the potential to offer Australia
bilateral abatement opportunities which through offsets, abatement, investments
and other joint initiatives supply our two nations a broad array of potential
emission reduction opportunities.’
The AWU in
late July held a roundtable of its 20 largest employers to discuss a
collaborative approach to emissions trading and climate change.
Among
other things, the union wants carbon credits that are given to high emission
companies which later offshore their operations to revert to the redundant
workers rather than to the Commonwealth Government.
To view
the AWU position paper, click here.
Back to Top
National
mine safety consultations under way
The
second round of public consultations for the National Mine Safety Framework
(NMSF) kicked off on July 23, with the first of four public workshops held in Perth.
Federal
Minister for Resources and Energy, Martin Ferguson, in a July 22 media release
said the aim of the NMSF was to ‘make mines a safer place to work through the
development of a consistent national regulatory framework’.
‘Public
consultations are the most effective way of obtaining input from the main
beneficiaries of the NMSF and I expect contributions from stakeholders across
the sector’, Ferguson said. ‘Industry will benefit from reduced compliance
costs through safety harmonisation. Employees will also benefit from increased
mobility.’
The four
final strategies on which public comment is being sought are: competency
support; compliance support; a consistently applied enforcement protocol; and a
strategic approach to research.
Workshops
were held in Perth on July 23; Sydney on July 24; Hobart on July 28; and Brisbane on July 30. Written submissions close on August 4.
For
further information, contact the National Mine Safety Framework Secretariat on
(02) 6213 7244 or email nmsf.secretariat@ret.gov.au.
To view
the minister’s press release, click here.
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Draft
code for underground mining in Tasmania
Workplace
Standards Tasmania has released a draft code of practice – Applicable
Standards for Underground Mining and Associated Operations - on which it
has invited comment from stakeholders by August 15.
The purpose
of the code is to give guidance to responsible officers at underground mines
and associated facilities on how to meet their general duty of care under the
Tasmanian Workplace Health and Safety Act.
The draft
code covers safety management systems; risk management; safety requirements for
conveyors; and guidance on the application of exposure standards for
atmospheric contaminants.
The code
covers any workplace that is a mine where underground mining occurs on site.
Its coverage extends to any adjacent associated surface processing operation
but excludes downstream processing facilities at another site.
‘Industry
is not required to comply with the code, but may be asked to demonstrate that
the system chosen is equal to, or better than, the approved code of practice,’
Workplace Standards has said.
To view
the draft code of practice, click here.
For more
information and how to make a submission, click here.
Back to Top
Still
no release of Stein Report on OHS
A freedom
of information request from the New South Wales Business Chamber to see the
Stein Report into workplace safety has been rejected, with stakeholders
becoming increasingly frustrated at the report not being made public.
The New
South Wales Government commissioned the Stein Report in 2006. According to the
New South Wales Business Chamber, it is now a year after it was received by New
South Wales IR Minister John Della Bosca and it has ‘remained in the minister’s
in-tray’.
Chamber
CEO Kevin MacDonald said the state government had ‘used the need to
“necessitate effective government” as an excuse to keep the report hidden, but
what about the need to have “effective” workplace safety laws?’
Dozens of
community groups, business groups and trade unions had made submissions to the
review.
‘I think
all involved in making a submission to the Stein Review would be disappointed
that the Government is refusing to release the report’, MacDonald said.
‘The
entire review of the Act has been going on for three years now and New South Wales needs to see the government bite the bullet on this issue.’
There has
been talk the report could be released to the Federal Government before it is
made public, given the Commonwealth’s move towards a national OHS system.
To view
the New South Wales Business Chamber’s media statement, click here.
Back to Top
New
form for injuries at NSW coal operations
The New
South Wales Department of Primary Industries has released a new form for
quarterly reports of workplace injuries by coal operations in the state,
reflecting recent changes to the Coal Mine Health and Safety Regulation 2006.
The new
requirements state the operator of a coal operation must, ‘as soon as
practicable’, but within 30 days after the end of each quarter (March 31, June
30, September 30 and December 31) report the information required to the Chief
Inspector in the newly gazetted form and manner.
From June
this year, information required under the amended clause 206 of the Regulations
is: the total number of workplace injuries at the operation during the quarter;
the number of injuries to employees; the number of injuries to contractors; the
ratio of injuries of employees compared to contractors; the total number of
hours worked by employees during the quarter; the total number of hours worked
by contractors during the quarter; the start and finish times of each shift
worked; and any other gazetted information.
The form
also reflects a new definition of medical treatment, which now reads ‘the
carrying out, by or under the supervision of a registered medical practitioner,
of an operation, the administration of a drug or other like substance, or any
other medical procedure (not including diagnostic tests or advice that do not
lead to treatment)’.
To view
the Regulations, click here.
To view
the new injury report form, click here.
Back to Top
New
safety controls for major hazard facilities in NSW
WorkCover
New South Wales has announced new safety controls for the operation of major
hazard facilities across the state.
On July
7, WorkCover CEO Jon Blackwell said the new Occupational Health and Safety
Amendment (Major Hazard Facilities) Regulation 2008 could apply to more than 30
major hazard facilities.
The new
regulation, which commenced on July 14, applies to sites including oil
refineries, chemical processing plants, liquefied petroleum gas depots, large
chemical warehouses with hazardous materials and explosives, and storage
facilities.
‘Under
the new regulation, any site classed as a major hazard facility will need to
provide a safety report that justifies the measures taken to ensure the safe
operation of the facility’, Blackwell said.
The
regulation brings New South Wales into line with the National Standard for the
Control of Major Hazard Facilities. Facilities seeking clarification of their
status should notify WorkCover by December 2008.
To view
the media release, click here.
To view
the new Regulations, click here.
For more
information, go to: www.workcover.nsw.gov.au.
Back to Top
Owner
drivers in WA get same protections as NSW and Vic
Regulations
for the Federal Independent Contractors Act have been amended to preserve the
operation of new West Australian legislation quarantining owner-drivers in West Australia from the IC Act.
The West
Australian Owner-Drivers (Contracts and Disputes) Act, which is partly based on
Victorian legislation, will give owner-drivers in West Australia similar
protections and exclusions as owner-drivers in New South Wales and Victoria.
‘In
particular, it seeks to ensure that owner-drivers are paid a fair and
reasonable rate and are paid within 30 days from submitting a payment claim’,
Minister for Small Business, Independent Contractors and the Service Economy,
Craig Emerson, said in announcing the change.
‘It also
gives access to owner-drivers and hirers a low cost dispute resolution process
and a range of reliable information to help determine a suitable rate for a
particular freight task. The West Australian Act would be saved in its
entirety.’
In
general, West Australian stakeholders were either ‘positive or ambivalent about
the impact of the West Australian Act on the state’s trucking industry’,
Emerson said, having consulted with the West Australian Department of Planning
and Infrastructure; the West Australian Long Distance Owners and Drivers
Association; the Transport Forum West Australia; the West Australian office of
the TWU; the Chamber of Commerce and Industry West Australia; and NatRoad.
The West
Australian Act is expected to be proclaimed on August 1, when the changes to
the IC Act Regulations will also take effect.
To view
the Explanatory Statement, click
here.
Back to Top
Queensland coal
industry update
New coal port
proposed
Australia’s first
new coal port in 25 years could be built in Queensland as part of
proposals that could deliver a 40 per cent increase in coal exports from the
state. Premier Anna Bligh said the three proposals - for the Bowen, the
Galilee and Surat coal basins - could deliver a ‘quantum leap’ for Queensland’s coal industry. ‘These
projects could see this state fully harness the opportunities the resources
boom can offer by delivering a 40 per cent increase in our coal exporting
capacity’, she said. The first and largest of the three projects under
consideration by the State Government is the $5.3 billion Galilee Coal proposal
by Waratah Coal.
Flameproof
enclosure tests
Extensive
tests
are being carried out in Queensland on flameproof enclosures in underground
coal mines, Mines and Energy Minister Geoff Wilson has announced. ‘Queensland
is home to one of only two testing stations in Australia that carry out
life-saving tests on underground coal mining equipment’, Wilson said. Testing
and research station Simtars is currently carrying out tests on flameproof
enclosures where electrical equipment is stored. ‘There are dangerous gases in
underground coal mines. If gas enters a flameproof enclosure, just one
electrical spark could ignite and start a fire’, Wilson said. ‘It’s all about
creating a safer working environment for the men and women who work in Queensland’s mines.’
Back to Top
What
stops women participating in the workforce?
A lack of
family-friendly policies, difficulties returning after maternity leave, limited
availability of quality part-time work, sexual harassment, race discrimination,
a lack of transport in regional areas and too few women in leadership positions
are all obstacles to women participating fully in the workforce, a new report
has revealed.
HREOC’s
Listening Tour 2008 report, Gender equality: what matters to Australian
women and men, also found women’s retirement savings were often much less
than men’s because of women’s greater contribution to unpaid work; women
leaving the workforce to care for family members; women struggling to become
financially independent after a divorce; women often being employed in casual
and part-time work; and the ‘historical exclusion of women from super schemes’.
‘There
was a view that increasing the representation of women at the highest levels
would help challenge and change the gendered culture of workplaces and
institutions’, the report found. ‘Men tend to hold the significant majority of
leadership positions across all sectors, even in many female-dominated
industries.’
Listening
Tour participants told Federal Sex Discrimination Commissioner Elizabeth
Broderick of the need for employers to create flexible work practices and
‘embrace and promote them at the highest levels’, the report said. ‘The need
for a universal paid maternity leave scheme was strongly supported throughout
the Listening Tour. The large majority of participants agreed this is a reform
that is long overdue.’
The
report also revealed sexual harassment is still a ‘major problem’ for women at
work. ‘The commissioner heard about sexual harassment in every state, industry
and workplace that she visited. It appears to be present across all levels of
the workplace, although many employers she met seemed reluctant to talk about
it’, the report said. ‘In some industries it was reported to be the norm and
many fear it would be nearly impossible to wipe out.’ Some employers were also
unclear about how best to respond to allegations of sexual harassment to ensure
fairness for the person making a complaint as well as the person against whom
the complaint was made.
Based on
the Listening Tour, Broderick will focus on promoting awareness of women and
leadership; balancing paid work and family responsibilities; sexual harassment;
the gender gap in retirement savings; and laws to address sex discrimination
and promote gender equality.
To view
the report, click here.
Back to Top
Minerals
sector demand for labour forecast to grow by 68 per cent by 2020
Research
released on July 28 by the Minerals Council of Australia (MCA) indicates that
the current shortage of skilled labour is going to continue to be a major issue
for resources sector companies in the decade ahead. The research report Labour
Force Outlook in the Australian Minerals Sector: 2008 to 2020 was prepared
by the National Institute of Labour Studies of Flinders University for the MCA
as part of the MCA’s 2020 Vision project. The researchers examined the
demand for operational employees (including contractors) at mines and some
processing and handling operations for nine of the major commodities.
Key findings include the following:
§ The mining sector
will need to employ 86,000 more operational workers, from 128,000 in 2008 to
215,000 in 2020, an increase of 68 per cent;
§ The largest state
increase, by a significant margin, will be in Western Australia with a
projected increase of 48,000 persons or 85 per cent growth in demand for labour
and representing a 55 per cent share of the total national increase in demand;
§ By mineral
commodity, the largest increases are projected to be in iron ore (21,000
persons or 106 per cent) and coal (19,000 or 53 per cent);
§ The greatest
increase in the demand for labour in absolute terms by occupational category is
projected to be in the ‘Tradespersons’ and ‘Semi-skilled workers’ categories
with these accounting for an increase of 31,000 or 36 per cent and 30,000 or 35
per cent respectively of the overall increase: and
§ The current chronic
shortage of minerals industry professionals remains pressing with an additional
9,000 people required by 2020.
The national economy-wide projections of the
six major occupational categories that are relevant to mines were also examined
and found:
§ The total number of
relevant workers in Australia is expected to grow by around one million persons
in the 12 years to 2020 or by 15 per cent; and
§ The two fastest
growing occupational categories in Australia, by a significant margin, are
‘Managers and Administrators’ and ‘Associate Professionals’ which are projected
to grow at 36 and 28 per cent respectively. This contrasts markedly with the
national figures for the groups ‘Tradespersons and Related Workers’,
‘Intermediate Production and Transport Workers’ and ‘Labourers and Related
Workers’, which are projected to grow at 2, 5 and 4 per cent respectively.
Commenting
on these findings, MCA’s Director of Education and Training, Chris Fraser, said
‘While the Minerals Council welcomes recent Federal Government
initiatives to increase the number of skilled training places and streamline
temporary visa applications for skilled immigration, more must be done to
expand and reform the vocational education and training system and lift funding
for earth science courses in the higher education sector’.
The report is available on
the MCA website.
Back to Top
Issues
facing employers internationally
An overly
regulated labour market, skills shortages and management performance are three
of the biggest issues that will face employers across the globe in the next
three to five years, according to the International Organisation of Employers
(IOE) Trends in the Workplace 2008 Survey.
Management
performance was cited as the most important current factor in maintaining and
improving financial performance, closely followed by the utilisation of
workforce skills, labour costs, flexible work arrangements, reward strategies,
flexible labour law and employee involvement.
Of most
importance in the coming three to five years is flexibility in working
arrangements, also linked to labour law flexibilities, the survey found.
‘The
survey confirms that there is a definite employee-driven demand for greater
flexibility at the workplace due to societal changes’, it said. ‘Flexibility
can often be constrained or be in conflict with national labour law which in
many cases assumes the traditional employment relationship of a normal working
day. The rigidities of labour law should not be a barrier to the efficient
conduct of business based on the mutual and beneficial requirements of the
employer and the worker.’
From the
responses received there was still a ‘heavy legislative burden on enterprises
in all regions’, the survey found. ‘An overly regulated labour market is a
constraint on entrepreneurship and employment creation, especially where such
regulation entails excessive labour costs. All regions noted total labour costs
as a key impediment to enterprise growth and development.’
Around 86
per cent of respondents said their enterprises were experiencing skills
shortages. ‘Serious investment in education, linked to the needs of the labour
market, is extremely important’, the survey said. ‘Trades training needs to be
promoted and tertiary education better tuned to what the business community
needs from graduates.’
All
respondents saw their markets becoming more competitive in future, with a
strong message being ‘enterprises need to focus on competitiveness’.
The top
three challenges for businesses going forward are: making sure the economy
remains competitive and enterprises are able to compete in global markets;
getting the balance right on labour legislation and ensuring maximum labour
market participation; and making sure skills match the needs of the economy.
Fifty-one
national organisations from 50 countries responded to the survey, including the
USA and Australia. Around 62 per cent were comprised of enterprises and
associations; 23 per cent were associations only; and 15 per cent were
enterprises only.
To view
the survey overview, click here.
To view
the full survey, click here.
Back to Top
Enforcing
anti-discrimination laws the key to workforce participation: OECD
Labour
market reforms have contributed to the highest participation rate ever recorded
by countries in the OECD, but more needs to be done in terms of enforcement of
anti-discrimination laws and the introduction of policies encouraging
non-discriminatory hiring.
These
were some of the conclusions from the OECD Employment Outlook – 2008 report,
which noted the average unemployment rate in OECD countries had dropped to 5.6
per cent in 2007, ‘the lowest rate since 1980’.
The
report found while two-thirds of working age people in OECD countries were now
employed, women were 20 per cent less likely to be in work than men, and ethnic
minorities faced a harder and longer job search than women.
Also, a
significant part of the employment growth in many OECD countries in the past 20
years had come via increasing the share of workers holding precarious and/or
low-paid jobs, the report said.
It was
therefore not enough to assist under-represented groups, including women, the
young, older people and the disabled to find work. ‘Major efforts are also
needed to ensure that all individuals have access to the same job
opportunities’, the report said.
For
women, incentives to re-enter the workforce included flexible work
arrangements, adequate parental leave and good quality affordable childcare.
‘Policy
actions to raise labour force participation will have limited success if labour
demand for under-represented groups does not follow’, the report warned. ‘Promoting
equal opportunities in the labour market requires long-term investment in
education and training, as well as policy interventions to promote access to
productive and rewarding jobs.’
To view
the OECD Employment Outlook 2008 overview, click here.
For more
information, click here.
Back to Top
Australian
mining industry spends $13.6 billion on labour
Employment
in Australia’s mining industry rose by 7 per cent in 2006-07 compared to the
previous year, with the industry paying 21 per cent more in wages and salaries,
according to the latest Mining Operations Australia statistics.
The
statistics released by the ABS on July 22 reveal the industry incurred $13.6
billion in total labour costs during 2006-07, with coal mining accounting for
$3.7 billion (27 per cent), followed by oil and gas extraction at $1.5 billion
(11 per cent).
Wages and
salaries made up 87 per cent of the industry’s overall labour costs.
Around
117,500 people were employed in the Australian mining industry at the end of
June 2007, according to ABS estimates, which represents an increase of 7,700 people
(7 per cent) on the previous year.
Employee
increases were greatest in exploration and other mining support services, metal
ore mining and coal mining.
‘At the
industry sub-division level, 23 per cent of mining employment at the end of
June 2007 was in coal mining, 9 per cent in oil and gas extraction, 29 per cent
in metal ore mining, 10 per cent in non-metallic mineral mining and quarrying,
and 30 per cent in exploration and other mining support services’, the figures
said.
‘Average
prices for most mineral commodities increased in 2006-07 compared to the
previous year, largely the result of strong global demand driven in part by the
continuing strong economic growth of China’, the ABS said.
To view
the mining operations statistics, click here.
Back to Top
Union
membership and industrial disputes dramatically decline
Union
membership and industrial disputes are both trending dramatically downwards,
according to the latest Australian Social Trends statistics released by the ABS
looking at the 20 years from 1987 to 2007.
Industrial
disputes decline markedly
The
number of industrial disputes across Australia has declined markedly in the
past 20 years. In 1987, there were 1,519 industrial disputes; in 2007
there were 135. ‘This decline coincided with a range of institutional,
legislative and economic changes which affected industrial relations in Australia’, the report said. ‘Institutional, legislative and economic changes over the past
20 years have dramatically changed the industrial relations framework in Australia.’
Although
there were some short-term increases in industrial disputes in particular
years, the trend in the number of disputes and the number of working days lost
was downward over the period.
Changes
to workplace relations laws were relevant to the decline, including the
Workplace Relations Act 1996 which stipulated circumstances for allowing
industrial disputes and gave the AIRC strengthened powers against industrial
action, the ABS said.
Working
days lost down, particularly in mining
Working
days lost to industrial disputes has also declined dramatically, from 1.3
million in 1987 to 50,000 in 2007.
During
the 20 years, the highest number of working days lost was in manufacturing
(accounting for 32 per cent of all days lost), followed by metal products,
machinery and equipment (20 per cent), other manufacturing (12 per cent),
education, health and community services (17 per cent), construction (16 per
cent) and coal mining (14 per cent).
Working
days lost peaked in 1988 at which time coal mining was responsible for most
days lost (470,000). During another peak in 1991, metal products, machinery and
equipment manufacturing contributed the most days lost (660,000) and during a
1996 peak it was construction (330,000 days).
‘Coal
mining, which generally had the highest number of working days lost per
thousand employees of all industries, recorded a fall from 7,800 working days
lost per thousand employees in 1987 to 4,100 days in 1997 and 139 days in
2007’, the report said. The coal mining data represents a fall per employee
from eight days lost in 1987 to one hour in 2007.
‘Over
this period, there was also a dramatic fall in the working days lost per
thousand employees in all other mining industries combined, with a fall from
900 in 1987 to less than one day in 2007’, the statistics show.
As to
what the future holds for industrial disputes, the ABS noted the strength of
the economy and demand for labour would affect the relative bargaining power of
employers and employees and could influence levels of disputes. ‘Likewise,
attitudes on the part of employers, employees and unions, and any future
changes in legislation are also likely to influence the level of industrial
disputation.’
Union
membership halves in mining
While the
newly released Australian Social Trends statistics for union membership are not
new (they were first released in April) they do reveal a dramatic decline in
union density in the 20 years to 2007, coinciding with significant change in
the IR environment.
In 1986,
46 per cent of employees were union members; by 2007, this had dropped to 19
per cent.
This can
partially be attributed to the fact that the highest growth industries in the
past 20 years have been areas where union membership is traditionally low, such
as property and business services and casual employment, the ABS pointed out.
Membership is highest in ‘blue collar’ groups and lowest in ‘white collar’
occupations.
Union
membership in the mining industry almost halved during the period, dropping
from 43.9 per cent in 1997 to 21.5 per cent in 2007.
Across the
board, Tasmania had the highest unionisation rate at 24 per cent in 2007, which
had fallen from 55 per cent in 1986; while the ACT had the lowest at 15 per
cent, having fallen from 42 per cent.
Internationally,
Sweden recorded the highest level of union membership in 2003 at 78 per cent,
having declined from 83.9 per cent in 1993. The US had the lowest rate, at 12.4
per cent in 2003, compared to 15.1 per cent in 1993.
To view
the Australian Social Trends statistics, click here.
Back to Top
Unemployment
rate down to 4.2 per cent; participation rate up to 65.3 per cent
The
seasonally adjusted unemployment rate dropped to 4.2 per cent in June from 4.3
per cent in May, according to the latest ABS Labour Force statistics.
At the
same time, the participation rate increased by 0.1 percentage points to 65.3
per cent in June.
Seasonally
adjusted employment also increased by 29,800 jobs to 10,715,700; full-time
employment increased by 24,000 jobs to 7,664,600; and part-time employment
increased by 5,800 jobs to 3,051,100. In the May figures, these all recorded a
decrease.
The
seasonally adjusted unemployment rate for men remained steady in June at 4 per
cent and dropped for women by 0.1 percentage points to 4.5 per cent.
To view
the June figures, click here.
Back to Top
Employment
growth has slowed
The DEEWR
Monthly Leading Indicator of Employment has been in decline for six straight
months, revealing a definite slowing in employment growth. According to the
latest revised figures, the indicator for July was -0.060; for June was 0.117;
for May was 0.272; for April was 0.403; for March was 0.516; and for February
was 0.606.
‘The
latest results confirm a prospective slowing in the pace of employment growth
below its long-term trend of 2.5 per cent per annum, as the indicator has now
fallen for six consecutive months’, DEEWR said.
The
indicator is designed to give advanced warning of turning points in cyclical
employment. A turning point is confirmed when there are six consecutive monthly
movements in the same direction. A fall in the indicator does not necessarily
mean the level of employment will fall but that the growth rate of employment
might fall below its trend rate of 2.5 per cent a year.
To view
the July indicator, click here.
Back to Top
CPI
jumps to 4.5 per cent, biggest leap since the GST
The CPI
jumped 1.5 per cent in the June 2008 quarter, up from a rise of 1.3 per cent in
the March quarter, according to figures released by the ABS on July 23.
For the
year to June 2008, the CPI jumped to 4.5 per cent, the largest annual change
since Dec 1995 aside from when the GST was introduced.
In the
latest quarter, the most significant price rises came from deposit and loan
facilities, petrol, rents, hospital and medical services, house purchases,
furniture and spirits.
The most
significant offsetting decreases came from other financial services, fruit,
vegetables, domestic holiday travel and accommodation, and electricity.
To view
the latest CPI figures, click here.
Back to Top
AIRC
clarifies when right of entry is being exercised
The AIRC
has ruled CFMEU New South Wales branch organiser Michael Lane was not
exercising his entry rights when gathering information on a Bathurst building
site, despite the fact he had issued entry notices warning of his visit.
A key
reason for the finding was he had not shown his permit while on-site.
The Australian Building
and Construction Commission (ABCC) had applied to have Lane’s entry permit
revoked for exercising ‘ulterior purposes’ when he visited a site operated by
Kell and Rigby Limited in Mount Panorama in Bathurst on April 19 and May 16,
2007.
The ABCC
alleged Lane compromised site occupational health and safety; hindered,
obstructed and caused undue interference on the site; acted in an improper
manner; failed to comply with the requirements of Part 15 of the Workplace
Relations Act; and gained entry pursuant to a notice for a specified purpose
but when on-site, exercised or purported to exercise additional powers to those
open to him in the entry notice.
Lane was
also alleged to have left a ‘mess’ in the induction room, which the ABCC said
constituted ‘a failure to act with propriety and normal civil behaviour’. This
claim was not pressed, with Senior Deputy President Ian Watson noting there was
no evidence to support it.
Counsel
for Lane argued an exercise of entry rights required more than finding a union
official on-site ‘doing things’. There had to be at some point a production of
a right of entry permit or at least some reference to a right of entry by the
person on the premises. The issuing of an entry notice under s760 of the WR Act
was not enough, counsel said.
The
Senior Deputy President agreed, finding no evidence Lane relied on his entry
rights to gather information while he was there.
‘There is
no doubt that a purpose for the visit was to hold discussions with employees,
the Korean workers in particular’, Senior Deputy President Watson said. Lane
was also looking for documents to update himself on the number and identity of
workers for super and workers’ compensation purposes.
He also
sought, ‘and readily obtained’, agreement to undertake a ‘safety walk’ and the
co-operation of a manager who accompanied him on the walk.
While he
was asked for his entry permit towards the end of his visit when the manager
accused him of using the safety walk as a ‘ruse’, the manager did not give Lane
the chance to go and get it from his car, which Lane offered to do. This meant
he had not refused to show his entry permit when it was requested, the Senior
Deputy President found.
Because
the permit was never shown, Lane was there by invitation rather than exercising
his entry rights, the commission found, dismissing the ABCC’s application.
To view
the decision, click here.
Back to Top
$12,000
in extra fines for CFMEU
The
Federal Court has increased fines against the CFMEU and its New South Wales
branch by $5,000 each for vicarious liability for the conduct of New South Wales branch organiser Michael Cane.
In
earlier judgments in the matter, the Federal Court had found Lane, along with
another officer Edmond Casper, made false and misleading representations to
three workers on a Wollongong building site in February 2004, telling them they
had to join the union to get work.
Lane’s
fine for his conduct was also increased in this latest judgment (the fourth in
the matter) from $2,000 for two offences to $4,000 for three offences.
The
court, however, rejected claims by ABCC deputy commissioner operations Nigel
Hadgkiss that Casper had told a sub-contractor it couldn’t hire a group of
workers because they weren’t union members. The court found it unlikely events
occurred as claimed because Casper had not yet checked the financial status of
the workers when he was alleged to have made the comments.
In an
earlier judgment in the case, the CFMEU was ordered to destroy its Delegates
Code of Conduct requiring delegates to ‘ensure that all workers on site are
financial members of the relevant union’. It was also ordered to place
full-page ads in The Illawarra Mercury newspaper drawing attention to the fact
no employee or contractor in the building industry was required to join the CFMEU
or its New South Wales branch. Those orders were stayed in a later decision.
Fines
against the CFMEU and New South Wales branch for Lane and Casper’s conduct in
the matter now total $15,000 each. Casper was earlier fined $1,250 for a single
breach.
To view
the decision, click here.
Back to Top
Qualifying
period counted by calendar month, says AIRC
The AIRC
has found a former people relations adviser for Visy Pulp and Paper Ltd is
entitled bring an unfair dismissal claim as she was terminated one day after
her qualifying period ended, not as her employer argued, one day before.
The
commission opted for a calculation based on calendar month rather than any
other method.
The
woman’s employment commenced on July 2, 2007 and she was terminated during a
meeting with her General Manager on January 2, 2008. Her employment contract
stated she would be subject to a six-month qualifying period and a six-month
probation period.
She
argued both those periods expired at the end of January 1, 2008. Visy argued
they expired on January 2 for various reasons, including because January 1 was
a public holiday.
Visy
argued it had made the decision to terminate the woman’s employment on December
31, 2007 so that should be seen as the effective termination date because she
was on ‘unauthorised’ annual leave that day.
But
Commissioner Paula Spencer said if she was on unauthorised leave the employer
could have given her a lawful direction to attend a meeting on that day.
Instead, an email from her General Manager gave her the choice of meeting on
December 31 or January 2.
The
employee was also contactable on her work Blackberry and email and could have
been sent the termination notice on December 31 if the company wanted that to
be the effective date, she said.
The
commissioner also rejected Visy’s arguments that because January 1 was a public
holiday the probation and qualifying periods should be extended to the following
day. Commissioner Spencer said that would only ever happen if the deadline by
which something had to be done was a public holiday, not a deadline in which
‘not’ to lodge an application.
To view
the decision, click here.
Back to Top
’Place
of work’ generally inside the building, rules tribunal
The
Administrative Appeals Tribunal has found an Australia Post parcel officer who
slipped and fell down the steps outside her work building was not at her ‘place
of work’ at the time.
Although
she had completed her duties for the day and was on her way home, the steps
were still part of her place of work as they formed part of the improvements on
the land on which the building in which she worked was constructed, she argued.
The steps she fell down were 14.4 metres from the building in which she worked.
Australia
Post said place of work should be defined as the place where the employer had
control over the activities of the employee.
The
tribunal found there was no authority to support the woman’s argument that
place of work was to be defined by the boundaries of the title of the property.
Similarly, parliament had not defined employer liability for injuries as
hinging on ‘employer control’, it said.
It
preferred the construction that the whole of the interior of the building could
be described as the place of work, irrespective of the fact an employee only
worked in one area of it. ‘The position might be otherwise if the facts were
that the respondent was only one of many organisations occupying the office
space within the building’, it said.
Here,
Australia Post was the sole tenant.
The most
logical construction was that ‘place of work’ did not extend beyond the
building in which the applicant worked. ‘This is particularly so given there is
no evidence of any work being performed by any employee of the respondent, let
alone the applicant … on the land outside the building.’
The woman
was therefore not at work when the injury occurred and not entitled to
compensation for it.
To view
the decision, click here.
Back to Top
No
Supreme Court injunction for CFMEU leadership team
The West Australian
Supreme Court has refused to grant an injunction to CFMEU West Australia branch
secretary Kevin Reynolds against rival election candidate Darren Kavanagh,
declining to stop Kavanagh using the union’s membership list to promote himself
as a candidate.
Justice
Heenan noted the ‘countdown for the union elections has well and truly begun,
the rival parties are already positioning themselves to advance their own
campaigns and to refute or disparage their opponents’ assertions’.
Nominations
for the West Australian branch divisional secretary (currently Reynolds) are
due to open on August 31 and close on September 19, with a ballot to be held
between November 2 and 16.
Nominations
for state secretary (also held by Reynolds) are due to open on August 21 and
close on September 4. Ballot papers are to be completed by October 30.
Kavanagh
and his team were challenging Reynolds and his team in both elections, with
Kavanagh having been spruiking himself to members via an unauthorised copy of a
list of 8,700 member names.
It was
not clear how the names came to be in his hands, with Kavanagh denying he had
stolen them.
Kavanagh
had until June been the safety officer for the West Australia branch, but
Reynolds had terminated his employment alleging ‘serious misconduct’ for using
union time and resources to promote himself as a candidate.
Reynolds
told the court the unauthorised use of the list had damaged the union by
bringing its operations into disrepute and had also infringed members’ privacy.
Justice Heenan rejected those claims, saying it was unlikely Kavanagh would
publish the membership list or hand it over to forces likely to be ‘hostile’ to
CFMEU members.
‘I was
not satisfied that the interests or purposes which would be advanced if an
injunction were to be granted were legitimate interests of the plaintiffs as
distinct from collateral and personal interests of office bearers whose
positions are likely to be contested in imminent elections for both unions’,
Justice Heenan said.
It was
possible Reynolds and other officers ‘may be using the advantage of incumbency
arising from their existing control of the unions’ affairs, to stifle the first
defendant’s electoral ambitions and to advance their own personal interests for
re-election’, he said.
While
there was ‘considerable irregularity’ in what had happened, for which Kavanagh
might still be held accountable through other channels, an injunction would
have ‘handicapped’ Kavanagh considerably while leaving the Reynolds team ‘unrestrained’
to conduct their electoral campaigns, Justice Heenan said.
To view
the decision, click here.
Back to Top
Job with DEWR led to suicidal depression: tribunal
The
Administrative Appeals Tribunal has set aside a reviewable decision by Comcare,
finding a senior fraud investigator’s suicidal depression was contributed to in
a major way by his employment with the then Department of Employment and
Workplace Relations (now DEEWR).
In
February 2006, Comcare accepted liability for the man’s major depressive order
for a ‘single episode’ but in September 2006 revoked the decision and refused
liability.
Comcare
argued his employment with DEWR was a ‘mere contributing factor’ to his
psychological illness at best.
Glenn
Turnley joined DEWR on July 11, 2005, having formerly been a long-serving
officer with Victoria Police. In October 2005, he lodged a claim for
compensation for depression, ‘which he claimed was caused by a total lack of
support through the non-provision of staff, training and guidance since his
commencement with DEWR; ill-treatment by supervising officers; and unfair and
unjust criticism of his performance during a videoconference’, the tribunal
said.
The man’s
depression was triggered by a videoconference between him and his two superiors
which he described as an ‘ambush’, ‘demeaning, belittling and demoralising’. He
felt he was being unfairly criticised despite a lack of resources and support.
That
night, he had thoughts of suicide, he told the tribunal. ‘He began drinking to
excess. He said he returned to work the next day but his state of depression
worsened at the weekend’, the tribunal said.
The
tribunal believed the videoconference had been conducted ‘professionally’ and
any criticism of Turnley was ‘made in a constructive manner, with a view to
achieving positive outcomes’.
It also
accepted evidence that the ‘combination of Mr Turnley’s circumstances at this
particular stage in his life and his obsessive personality traits led to a
particular vulnerability’.
But the
absence of fault by the employer was ‘irrelevant’, it said. ‘Although the
perception [of what happened during the videoconference] was not necessarily
based on an objective assessment or an assessment that another officer in the
same situation might make, Mr Turnley was not delusional, and any
predisposition is irrelevant’, it said.
‘These
events actually occurred, they were real and were a factor and not imagined.
They are properly characterised as part of Mr Turnley’s employment, rather than
as facts of his employment, so the employment with the Commonwealth, in
conjunction with the perception, comprise the material contribution to the
cause or aggravation of the ailment’, it said.
Therefore,
Comcare was liable to pay him compensation.
To view
the decision, click here.
Back to Top
|
AMMA Education and Training
|
Top
|
About
AMMA Education and Training
AMMA Education and Training is
a division of Australian Mines and Metals Association Inc. and is focused on
providing member-driven education and training initiatives specific to the resources
and allied sectors.
Our mission is to become the
choice education and training provider for our members to deliver quality and
trusted education and training services.
One of AMMA Education and
Training’s key goals is to provide as many people as possible in the resources
and allied sector the opportunity for further education. We are dedicated
to providing as many learning options and methods to facilitate this goal.
AMMA Education and Training
offers a wide range of services to assist organisations achieve their
education, training and development goals.
Our education, training and
development services are constantly updated to ensure AMMA Education and
Training meets the latest global trends and therefore continually delivers
products that surpass user requirements.
Upcoming courses are:
|
September 2008
|
|
|
|
2
|
Perth, WA
|
Communication
Skills for the Resources Sector
|
|
4-5
|
Perth, WA
|
8 – 12
|
Perth, WA
|
17
|
Adelaide, SA
|
Discipline
and Termination – Reducing the Risks
|
|
22-25
|
Perth, WA
|
Course costs
Course cost is $420.00 for
members (GST Incl), which includes workbooks, handouts, refreshments and
lunch. Course numbers are limited so to avoid disappointment, please
register early.
To register or for more
information please contact AMMA Training and Education on 1800 891 662 or email
training@amma.org.au or
download our Back to Top
Upcoming
AMMA member forums
AMMA
conducts member forums on a quarterly basis at convenient locations for
members.
Member
forums are designed to keep AMMA members abreast of important issues that
impact on the resources and allied services sector. External speakers will
present on a range of relevant topics. AMMA member forums also act as an
excellent networking opportunity facilitating the exchange of information
|
Forums coming up in August:
|
|
QLD
|
20
August (Brisbane)
22
August (Townsville)
|
|
VIC
|
21
August (Melbourne)
|
|
SA
|
29
August (Adelaide)
|
|
TAS
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22
August (Burnie)
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AMMA also
conducts online forums, making it easy for members in remote locations
to attend.
For more
information about these forums, contact AMMA Membership Services via email at membership@amma.org.au .
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About
employment opportunities with AMMA
Information about current employment
opportunities with AMMA is available in the careers with AMMA area of the AMMA
website.
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Preferred Supplier Program
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About
AMMA’s Preferred Supplier Program
The AMMA Preferred Supplier Program is
designed to assist our members in finding quality service providers for the
varying needs within the resources sector.
As a service to members AMMA is embarking on
a project to identify suitable product and service suppliers for members.
As
part of the preferred supplier program AMMA has engaged the services of a third
party to analyse and evaluate all applicants to the program. This analysis
includes a thorough assessment of the Applicant organisation’s business
history, financial stability and professional reputation. Only by proving
itself a professional and reliable organisation can an organisation be referred
to as an AMMA Preferred Supplier.
To ensure the ongoing quality and validity
of the program the preferred supplier relationship will be reviewed and renewed
on a yearly basis. This will also ensure quality of services to AMMA members is
maintained.
If you believe your organisation would
qualify for the AMMA Preferred Supplier Program and would like some more information
please click here, or contact Corlia Roos on (07) 3210 0313.
International Underwriting
Services Pty Ltd is an AMMA preferred supplier.
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AMMA Supported Events
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About
AMMA’s Supported Events
AMMA is proud to support selected upcoming
events that we believe will be of relevance and interest to our members. Many
of these events offer a discount rate for AMMA members. Further information is
available on our
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The
AMMA Bulletin is published monthly and is available free to AMMA members.
Copyright. Reproduction prohibited.
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