Ministers endorse model work health and safety provisions which now become the agreed model Act

The 84th meeting of the Workplace Relations Ministers’ Council (WRMC) held in Melbourne on 11 December 2009 saw Ministers finalise the harmonisation of model work health and safety laws.

The following is an excerpt from a communiqué issued from the Australian, State, Territory and New Zealand Workplace Relations Minister’s Council relating to the harmonisation of model work health and safety laws.

“In an historic decision, Ministers endorsed model work health and safety provisions which now become the agreed model Act. In doing so, Ministers noted the views expressed by Ministers on their jurisdictions’ perspectives on the content of the model laws. Importantly, Western Australia has agreed to continue to aim for national harmonisation of work health and safety and continue to participate in Safe Work Australia.

“The decision is a significant step forward which will enhance productivity through improvements in workplace health and safety and deliver improved safety for workers. The Deputy Prime Minister welcomed the decision and acknowledged that, in endorsing the model Act, Ministers were very mindful of the national interest and the significant benefits that would flow from harmonised laws in this important area.

“The model Act endorsed by Ministers was submitted by Safe Work Australia and incorporated a number of amendments proposed as a result of consideration by Safe Work Australia, input from the Parliamentary Counsel's Committee (PCC) and a public consultation process. Safe Work Australia received 480 submissions from individuals, unions, business, industry associations, governments, academics and community organisations on the exposure draft of the model Act released in late September 2009.

“In endorsing the model Act, Ministers also agreed that Safe Work Australia and the PCC may make further technical and drafting amendments prior to the implementation of the model Act, including a mechanism for maintaining the real value of penalty levels. This is to enhance the legal effectiveness and workability of the policy framework previously endorsed by WRMC.

“In noting the transitional arrangements for the implementation of the harmonised regime and the timetable for the development of the model work health and safety regulations, Ministers were pleased that there would be a four-month public comment period for the model regulations commencing in late 2010.

“The Deputy Prime Minister highlighted the decision as an indication of the benefits of cooperative federalism, adding that despite their best efforts successive governments of all political persuasions had, for decades, been unable to secure agreement to model laws in this important area.

“Ministers noted the opportunity in 2010 to progress ratification of a number of other priority ILO Conventions, including those on occupational safety and health, asbestos and part-time work. Ministers agreed to request that Safe Work Australia consider consistency with, and Australia’s ability to ratify the Asbestos Convention (No. 162) when developing asbestos safety regulations. Ministers agreed to provide all outstanding reports and advice on ratification on each of the priority Conventions as early as possible in 2010.

“Ministers noted developments in relation to the proposed transfer of OHS coverage of Comcare self-insurers to state and territory jurisdictions, which will take place in 2012 following the implementation of harmonised work health and safety laws. The Deputy Prime Minister advised Commonwealth officials will consult with licensees and other stakeholders and continue to consult with state and territory officials to progress this matter.”