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Occupational Health and Safety (Commonwealth Employment) Amendment Bill 2006

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4847

2004-2005-2006

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

Occupational Health and Safety (Commonwealth Employment) Amendment Bill 2005

 

 

(1)     Schedule 1, item 1, page 3 (line 8), after “employees,” insert “that is a democratic association free from control by, or improper influence from, an employer or by an association or organisation of employers,”.

[definition—association]

(2)     Schedule 1, item 12, page 6 (after line 5), after subsection 16A(1), insert:

          (1A)  In developing or varying health and safety management arrangements, an employer must comply with any relevant provision in a paragraph 16(3)(c) agreement.

          (1B)  An employer must negotiate a paragraph 16(3)(c) agreement and implement the agreement into health and safety management arrangements if:

                     (a)  a majority of employees, determined by ballot and in writi ng, require an agreement; or

                     (b)  a certified agreement is in operation specifying provisions for developing a health and safety management arrangement.

[employer—compliance with agreement]

(3)     Schedule 1, item 12, page 7 (line 9), omit “12 month”, substitute “5 year”.

[employee representative certificate—valid for 5 years]

(4)     Schedule 1, item 12, page 7 (after line 22), at the end of section 16B, add:

Note:          A person who breaches this section may be subject to civil action (see Schedule 2).

[civil action—breach of employee representative certificate]

(5)     Schedule 1, item 15, page 9 (after line 2), at the end of subsection 24(3), add:

             ; and (c)  the employer must comply with the provisions of a paragraph 16(3)(c) agreement when varying designated work groups.

[employer-establishment of work group]

(6)     Schedule 1, item 16, page 9 (after line 21), after subsection 24A(2), insert:

          (2A)  An employer must provide a copy of the list of all the designated work groups to an employee or an employee representative on receipt of a written request.

[employer—provision of list of work groups]

(7)     Schedule 1, item 18, page 10 (after line 11), after subsection 25A(1), insert:

          (1A)  An employer arranging the invitation of nominations or election in accordance with subsection (1) must comply with any relevant provisions of a paragraph 16(3)(c) agreement.

[election of health and safety representatives]

(8)     Schedule 1, item 18, page 10 (after line 11), after subsection 25A(1), insert:

          (1B)  An employer must provide a copy of the list of all health and safety representatives and deputies to an employee or an employee representative on receipt of written request.

[employer—provision of list of health and safety representatives]

(9)     Schedule 1, item 18, page 10 (line 20), at the end of subsection 25A(4), add “and the employer arranging the election must comply with any relevant provisions in a paragraph 16(3)(c) agreement”.

[election of health and safety representative]

(10)   Schedule 1, item 19, page 11 (line 26) to page 12 (line 4), omit the section, substitute:

26  Term of office

A health and safety representative for a designated work group holds office for 2 years or in accordance with a paragraph 16(3)(c) agreement.

[length of office—health and safety representative]

(11)   Schedule 1, page 12 (after line 15), after item 19, insert:

19A  At the end of section 27

Add:

             (3)  A health and safety representative, including a deputy health and safety representative, is entitled to choose which accredited training to undertake.

[health and safety representative—training]

(12)   Schedule 1, page 12 (after line 30), after item 22, insert:

22A  At the end of section 31

Add:

             (5)  An employer that is notified under subsection (2) or (3) must comply with any relevant provisions of a paragraph 16(3)(c) agreement.

[resignation—health and safety representative]

(13)   Schedule 1, item 24, page 13 (line 9), at the end of subclause 33(2A), add “and an employer arranging for the invitation of nominations as part of an election must comply with any relevant provisions in a paragraph 16(3)(c) agreement”.

[election of departing health and safety representative]

(14)   Schedule 1, item 25, page 13 (after line 26), after subsection 34(1), insert:

          (1A)  A health and safety committee must be established in accordance with any relevant provision of a paragraph 16(3)(c) agreement.

[establishment of health and safety committee]

(15)   Schedule 1, item 45, page 18 (line 24), at the end of paragraph 74(1)(c), add “and the number of designated work groups, the number of health and safety representatives and the number of health and safety representatives completing training in accordance with section 27”.

[annual reporting requirements]