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Legislative Assembly for the ACT: 2004 Week 06 Hansard (Tuesday, 22 June 2004) . . Page.. 2414 ..

representatives. This is upon request of the ACT & Region Chamber of Commerce & Industry and is consistent with the right of entry provisions contained in the federal Workplace Relations Act. The government has no problem supporting this request, given the evidence showing that increased participation, representation and consultation improve workplace safety outcomes.

Third, the government proposes that an organisation may only authorise an officer or employee to exercise right of entry if the officer has undertaken OH&S training. This amendment is considered necessary, as it is critical to the integrity, credibility and effectiveness of the right of entry provisions that representatives have sound working knowledge of ACT OH&S law and practice. Confining eligibility to trained officials will enhance the OH&S benefits they will bring to workplaces.

Fourth, the government proposes a registration scheme whereby a registered organisation must notify the chief executive when a representative is authorised to exercise the right of entry and again when a representative ceases to be authorised. This amendment will serve as an additional accountability provision. These proposed amendments will strengthen the effectiveness, accountability and integrity of the right of entry scheme.

I would now like to address the issue of why the Assembly should agree to the right of entry provisions. The right of entry is a key tool for strengthening the representation of workers’ health and safety interests. It will increase the involvement of trained officials from workers and employer associations, improve health and safety outcomes in the workplace, prevent injuries and ultimately save lives.

In some workplaces workers, and even health and safety representatives, are apprehensive about reporting health and safety issues to employers for fear of repercussions, such as being blacklisted. Many others do not report, simply because they do not think anything will be done. In some workplaces employees do not know about their protections under OH&S legislation and, without right of entry, may remain unaware.

I would like to stress that right of entry for employer and employee representatives provides many advantages to employers as well. For example, authorised representatives can provide practical and useful information to employers on how to meet their health and safety obligations. This advantage will be further enhanced by the proposed government amendment that will establish a requirement for authorised representatives to have undertaken a course of OH&S training before being authorised.

A case in New South Wales saw a union official enter a workplace where the employer was initially suspicious. The union official pointed out many OH&S failures, some of which were life threatening, and provided constructive advice on how to rectify them. At the conclusion of the visit the employer issued a standing invitation to the union official to be in contact and attend the workplace at any time.

The new provisions will enable employers to work together with their employees to solve problems as they develop, which is essential to the spirit of cooperation in the workplace. These benefits will be strengthened by expanding the right of entry to employer organisations. The right of entry will lead to greater information-sharing awareness and consultation, which means better health and safety outcomes.

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