Page 3449 - Week 12 - Wednesday, 19 September 1990
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It is not a question that employers with less than 20 employees are outside the Act because, Mr Speaker, there are still duties of care and obligations imposed on employers and employees, regardless of business employment size. It is only that small businesses are not required to have safety representatives with certain powers and with certain training obligations. The number of employees was set at 20, but not necessarily for all time. It is certainly the Liberal Party's position that we think 20 is an appropriate number. But, Mr Speaker, the number was always going to be subject to review. The system, however, must be allowed to be tried before any further changes are made. We have to consider the private sector in the ACT, Mr Speaker. It needs time to become used to the legislation in the occupational health and safety field.
Mr Berry: It will never get used to it.
MR STEFANIAK: We also have to look at what happened in other States. During the debate on this issue, Mr Berry, I think I pointed out a number of times in Victoria where this system had been abused for blatant political purposes by unscrupulous unions. This system should not be allowed to be abused by unscrupulous people, be they unions or be they employers. It is early days in the ACT. Naturally, small business had concerns about some of the current provisions; indeed, some of the provisions were altered as a result of the committee and the Assembly debate. This was one of them.
There is a need for an education program to demonstrate the benefits of this Act. It is certainly not unreasonable in the circumstances, Mr Speaker, to start at 20 for a designated work group. This provides a balance between the needs for effective workplace arrangements and the very relevant and crucial needs of small business, because if we crucify our small business our economy is totally stuffed, and we might as well just pack up and go off to Argentina.
The legislation provides for an Occupational Health and Safety Council with responsibility to advise the Government. It is a tripartite council, with people from Government, employers and unions. We have from industry Ian McDonald from Ansett Airlines; Larry King, the director of AFCC; and Dot Swanson from Confact. From the unions we have Charlie McDonald from the TLC; Kate Lundy from the BWIU; and Trevor Zeltner from the Operative Plasterers and Plaster Workers Federation of Australia. From the Administration we have Bob Scott from ACT Health; Bill Chidzey from TAFE; and John Woodrow, the chairman, from the Industrial Relations Branch. That council has met twice, but it has not addressed the issue before the Assembly.
This Bill is not appropriate as employer, employees and unions are still getting used to the legislation. The Government and my two colleagues and I have said we will be looking to the council after a time to advise on the Act
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