Crown
Employees (Institute Managers in TAFE)
Salaries and Conditions Award 2006
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by New South
Wales Teachers Federation, Industrial Organisation of Employees.
(No. IRC 1338 of 2006)
Before The Honourable
Justice Wright, President
|
14 March 2006
|
The Honourable Justice
Walton, Vice-President
The Honourable Mr
Deputy President Harrison
The Honourable Justice
Haylen
Commissioner Tabbaa
|
|
VARIATION
1. Insert in
numerical order in clause 1, Arrangement of the award published 28 July 2006
(360 I.G. 384) the following new clause number and subject matter.
24. Secure
Employment Test Case - OHS Obligations
2. Renumber in
clause 1, clause 24, Area, Incidence and Duration to read as clause 25.
3. Insert after
clause 23, Deduction of Union Membership Fees, the following new clause:
24. Secure Employment
Test Cases - 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.
4. Renumber
clause 24 "Area, Incidence and Duration" as clause 25 "Area,
Incidence and Duration".
5. This
variation shall take effect from the 8 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.