Page 2234 - Week 11 - Tuesday, 31 October 1989

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has been made of the duty of care, and there is a statutory duty of care. In fact, part III deals with duties relating to occupational health and safety and imposes a number of duties on employers in relation to employees. Nothing is mentioned there in relation to the size of designated work groups. They appear in part IV, which is about workplace arrangements, under division 1, "Health and safety representatives". For Mr Duby's benefit, clause 36, which we are considering, states:

This Division applies only in relation to an employer who employs more than -

whatever number of employees. That division goes to clause 49. So it is only that division that relates to designated work groups, Mr Duby.

Question put:

That the amendment be agreed to.

The Assembly voted -

AYES, 9  NOES, 8

Mr Collaery Mr Berry
Mr Humphries Mr Duby
Mr Jensen Ms Follett
Mr Kaine Mrs Grassby
Dr Kinloch Ms Maher
Mrs Nolan Mr Moore
Mr Prowse Mr Whalan
Mr Stefaniak Mr Wood
Mr Stevenson 

Question so resolved in the affirmative.

Clause, as amended, agreed to.

Sitting suspended from 5.17 to 8.00 pm

Clause 37 (Work groups designated by employers)

MR STEFANIAK (8.00): I move:

Page 17, line 33, omit "14", substitute "21".

Mr Speaker, there are several amendments along these lines which I have put in. I would submit to the Assembly that this particular clause, which relates to work groups designated by employers, says that an employer on the commencement date should, within a certain period of time and by notice in accordance with the Act, establish a designated work group. That person has to establish that designated work group also if that person becomes an employer - and that relates to my next amendment - and has to do so by notice within, at present, 14 days.

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