Crown
Employees (NSW TAFE Commission - Administrative and Support Staff Conditions of
Employment) Award 2005
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Public Service
Association and Professional Officers' Association Amalgamated Union of New
South Wales, Industrial Organisation of Employees.
(No. IRC 1431 of 2006)
VARIATION
1. Insert in numerical order in clause 1, Arrangement, of the award
published 27 January 2006 (356 I.G. 896), the following clause number and
subject matter:
97A. Secure Employment
2. Insert after clause 97, Anti Discrimination, the following
new clause:
97A. Secure Employment
(a) Occupational Health and Safety
(i) For the purposes of this subclause, the
following definitions shall apply:
(1) A "labour hire business" is a
business (whether an organisation, business enterprise, company, partnership,
co-operative, sole trader, family trust or unit trust, corporation and/or
person) which has as its business function, or one of its business functions,
to supply staff employed or engaged by it to another employer for the purpose
of such staff performing work or services for that other employer.
(2) A "contract business" is a
business (whether an organisation, business enterprise, company, partnership,
co-operative, sole trader, family trust or unit trust, corporation and/or
person) which is contracted by another employer to provide a specified service
or services or to produce a specific outcome or result for that other employer
which might otherwise have been carried out by that other employer’s own
employees.
(ii) Any employer which engages a labour hire
business and/or a contract business to perform work wholly or partially on the
employer’s premises shall do the following (either directly, or through the
agency of the labour hire or contract business):
(1) consult with employees of the labour
hire business and/or contract business
regarding the workplace occupational health and safety consultative
arrangements;
(2) provide employees of the labour hire
business and/or contract business with appropriate occupational health and
safety induction training including the appropriate training required for such
employees to perform their jobs safely;
(3) provide employees of the labour hire
business and/or contract business with appropriate personal protective
equipment and/or clothing and all safe work method statements that they would
otherwise supply to their own employees; and
(4) ensure employees of the labour hire
business and/or contract business are made aware of any risks identified in the
workplace and the procedures to control those risks.
(iii) Nothing in this subclause (c) is intended
to affect or detract from any obligation or responsibility upon a labour hire
business arising under the Occupational Health and Safety Act 2000 or
the Workplace Injury Management and Workers Compensation Act 1998.
(b) Disputes Regarding the Application of
this Clause
Where a dispute
arises as to the application or implementation of this clause, the matter shall
be dealt with pursuant to the disputes settlement procedure of this award.
(c) This clause has no application in
respect of organisations which are properly registered as Group Training
Organisations under the Apprenticeship and Traineeship Act 2001 (or
equivalent interstate legislation) and are deemed by the relevant State
Training Authority to comply with the national standards for Group Training
Organisations established by the ANTA Ministerial Council.
3. This variation shall take effect from the 21 March 2006.
F. L. WRIGHT J, President.
M. J. WALTON J, Vice-President.
R. W. HARRISON D.P.
W. R. HAYLEN J.
I. TABBAA, Commissioner.
____________________
Printed by the authority of the Industrial
Registrar.