Page 2240 - Week 11 - Tuesday, 31 October 1989
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(4) An application for a declaration shall be made in writing and given to the Registrar.
(5) A declaration shall be made by notice in the Gazette.
(6) While a declaration is in force -
(a) Divisions 1, 2 and 4 of Part IV have effect in relation to the principal contractor and the worker -
(i) as if a contract of employment existed between them in respect of the performance of the work by the worker on the construction site; and
(ii) as if, unless the contrary intention appears, a reference in any provision of those Divisions (other than in subsection 44(3), paragraph 47(1)(aa) and subsection 58(4)) to an employer or employee were a reference to the principal contractor or worker, respectively;
(b) sections 7, 8 and 81 and the Schedule have effect in relation to the principal contractor and the worker as if, in respect of the performance of the work by the worker on the construction site, a reference in any of those sections or the Schedule to an employer or employee included a reference to the principal contractor or worker, respectively; and
(c) for the purposes of Divisions 1 and 4 of Part IV (other than subsection 44(3), section 47 and subsection 58(4)), the sub-contractor shall not be taken to be the worker's employer in respect of the performance of the work by the worker on the construction site.".
Mr Speaker, this particular amendment relates to the formation of a single DWG on a construction site. It is quite a fundamental piece of legislation and its importance has increased enormously as a result of the role of the Residents Rally party in supporting the Liberal Party in their anti-union stand.
The anti-union stand of the Residents Rally party in relation to the figure of 20 in clause 36 - the DWG minimum number was changed from 10, which was in the original legislation, to 20 - has had quite a dramatic effect in terms of its implications for certain sets of circumstances. It has increased the need for this Assembly to support this particular amendment.
I have been informed that, when the committee was looking at this, there were a number of representations in support of this particular proposal and I have no doubt that that will emerge from the discussion of those people who served on the committee. Certainly it was supported not only by the unions who support occupational health and safety legislation, but also by responsible employers who see the need for workable and effective occupational health and safety control on building sites. Such organisations
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