Page 1431 - Week 08 - Tuesday, 26 September 1989
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OCCUPATIONAL HEALTH AND SAFETY
Ministerial Statement and Papers
Debate resumed from 6 July 1989, on motion by Mr Berry:
That the Assembly takes note of the following papers:
Occupational Health and Safety -
Agreement between the ACT Community and Health Service and the ACT Trades and Labour Council.
Ministerial statement, 6 July 1989.
MR MOORE (4.11): Mr Speaker, the ministerial statement made by Mr Berry with reference to occupational health and safety in the ACT Community and Health Service is of particular interest considering the pending legislation on occupational health and safety for the ACT in general. It is certainly gratifying to see that the unions involved and the ACT Community and Health Service were able to work together, particularly with the ACT Trades and Labour Council. I give credit to that peak union group in working towards an occupational health and safety agreement. Naturally, that agreement is a considerable landmark considering that we have no occupational health and safety legislation so far in the ACT.
One of the most important things about occupational health and safety is the duty of care that goes with the legislation. In fact, that is the critical part of any occupational health and safety arrangement or legislation. It is that duty of care that, of course, is primarily in the agreement that Mr Berry presented in his statement. It is that same duty of care which is the most important factor in the ACT's own pending legislation, legislation that this Government seems reluctant to bring down.
So what is the Government's concern in this particular issue? Let me explain to you, Mr Speaker. The Residents Rally, in the Committee on the Occupational Health and Safety Bill, thought it appropriate to remove the obligation to have unions included in any agreement on occupational health and safety matters. It did not at any stage exclude the unions. As a member of unions all my working life, I am very much aware of the importance of unions. But I am also very much aware of the freedom of choice for people to be involved in those unions or the freedom of choice for those unions to be involved in matters that concern the worker. In the vast majority of cases it is quite appropriate, and in the vast majority of cases I believe that the unions would still be involved in the legislation.
However, one has to ask the question: is there a further concern that the TLC has in encouraging the Government to delay this legislation? What we see at the moment is delay
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