Page 2012 - Week 10 - Tuesday, 24 October 1989
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reviewed the legislation and comparative legislation in New South Wales and Victoria and has provided some advice which I made available today to the Liberal Party.
Mr Speaker, the areas in the recommended Bill where the term "union" is used essentially relate to the definition of "involved union", and an involved union is where there is an employee who is a member of the union or a person who is performing work covered by that union. Nowhere in the report of the committee or in the legislation is there any tie-up between the federal award legislation and the occupational health and safety legislation.
It is unclear on the face of it, in terms of the explanatory memorandum, the Minister's statement and the report, as to whether there is not duplication between the access to workplaces guaranteed under federal industrial awards and the access and involvement - using that word non-pejoratively - guaranteed by this Bill.
Clause 37 of the Bill requires an employer to consult with an involved union when establishing or varying a designated work group. Unlike the Victorian, South Australian and proposed Commonwealth schemes, this legislation states that the employer and involved union need not reach agreement. The decision after consultation belongs to the employer. The union is not involved in the selection of representatives, but that, of course, gives a somewhat artificial flavour to the law. The law facilitates access to the workplace by union representatives and, by and large, one assumes that in most trades those representatives will be properly oriented and will be going to the workplace for the mutual benefit of employer and employee. But we must be conscious that there may be instances where that statutory access may be misused.
I await the detailed debate on clause 37 of the Bill to determine the view of this Government to the possibility of abuse of access to workplaces that have no history of disputation or non-compliance with award conditions and whether there may be one or two unions who may see this as a lever to other involvement in workplaces.
I invite the Government, when we debate clause 37 in the detail stage, to indicate the consultation it has had, particularly with the BWIU, to determine how, were this provision to be passed, the BWIU intends to abide by the very spirit of the legislation, which is to promote harmony, equity, mutual respect and, of course, prosperity for both parties.
Ms Follett: And the gag!
MR COLLAERY: The Rally remnant has never applied the gag, Chief Minister. Clause 41 of the Bill requires employers to prepare and keep lists of their health and safety representatives and to allow involved unions, among others, to inspect the list. Now, there is a list of names,
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