Crown
Employees (Education Employees Department of Corrective Services) Consent Award
2006
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by New South
Wales Teachers Federation, Industrial Organisation of Employees.
(No. IRC 1330 of 2006)
Before The Honourable
Justice Schmidt
|
10 March 2006
|
VARIATION
1. Insert in
numerical order in the Arrangement of the award published 28 July 2006 (360 I.G.
371) the following new clause 26 Secure Employment Test Case - OHS Obligations,
and renumber existing clause 26 Area, Incidence and Duration to read as clause
27.
26. Secure
Employment Test Case - OHS Obligations
27. Area
Incidence and Duration
2. Insert after
clause 25, No Further Claims, the following new clause:
26. Secure Employment
Test Case - OHS Obligations
(i) For the
purposes of this clause, 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) If the
employer engages a labour hire business and/or a contract business to perform
work wholly or partially on the employer’s premises, the employer 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 clause 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.
(iv) 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.
(v) 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. Renumber
existing clause 26. Area, Incidence and Duration to read as clause 27. Area,
Incidence and Duration.
4. This
variation shall take effect from the 1 March 2006.
M.
SCHMIDT J
____________________
Printed by
the authority of the Industrial Registrar.