Footnotes

CHAPTER 1 - Background

[1]        Senate Standing Committee for the Selection of Bills, Report No 9 of 2011, 7 July 2011, p. 1.

[2]        Council of Australian Governments, Meeting Outcomes 2008, available at: http://www.coag.gov.au/coag_meeting_outcomes/2008-07-03/docs/OHS_IGA.pdf.

[3]        Safe Work Australia was established to improve occupational health and safety outcomes in Australia. Safe Work Australia comprises representatives of the Commonwealth, State and Territory governments, and employer and employee associations.

[4]        Department of Education, Employment and Workplace Relations, Submission 3, p. 2.

[5]        Steve O'Neill and Mary Anne Neilson, Work Health and Safety Bill 2011, Bills Digest, No. 29, 2011–12, Parliamentary Library, Canberra, 2011, p. 8.

CHAPTER 2 - Key Issues

[1]        With the exception of CropLife, Submission 4 and Accord, Submission 11.

[2]        For example, Australian Manufacturing Workers' Union, Submission 1; Community and Public Sector Union, Submission 5; Australian Council of Trade Unions, Submission 7.

[3]        Department of Education, Employment and Workplace Relations, Submission 3; Safe Work SA, Submission 9; Master Builders Australia, Submission 2.

[4]        Council of Australian Governments, Meeting Outcomes 2008, available at: http://www.coag.gov.au/coag_meeting_outcomes/2008-07-03/docs/OHS_IGA.pdf. Accessed 15 August 2011.

[5]        Council of Australian Governments, Meeting Outcomes 2008, available at: http://www.coag.gov.au/coag_meeting_outcomes/2008-07-03/docs/OHS_IGA.pdf. Accessed 15 August 2011.

[6]        Ms Flora Carapullucci, Branch Manager, Department of Education, Employment and Workplace Relations, Proof Committee Hansard, 10 August 2011, p. 34.

[7]        Ms Flora Carapullucci, Branch Manager, Department of Education, Employment and Workplace Relations, Proof Committee Hansard, 10 August 2011, p. 36.

[8]        Senate Committee for the Scrutiny of Bills, Alert Digest 8/11, 17 August 2011, p. 4.

[9]        Senate Committee on Reform of the Australian Federation, Australia's Federation: an agenda for reform, June 2011, p. 37.

[10]      Senate Committee on Reform of the Australian Federation, Australia's Federation: an agenda for reform, June 2011, p. 122. (The most developed idea for this new committee came from Professor John Uhr, Submission 47).

[11]      Senate Committee for the Scrutiny of Bills, Alert Digest No. 8 2011, 17 August 2011, p. 41.

[12]      Senate Committee for the Scrutiny of Bills, Alert Digest No. 8 2011, 17 August 2011, p. 42.

[13]      Senate Committee for the Scrutiny of Bills, Alert Digest No. 8 2011, 17 August 2011, p. 43.

[14]      Senate Committee for the Scrutiny of Bills, Alert Digest No. 8 2011, 17 August 2011, pp 43–45.

[15]      Work Health and Safety Bill 2011, paragraphs 105(1)(a) – 105(1)(c).

[16]      Explanatory Memorandum, Work Health and Safety Bill 2011, p. 44.

[17]      Work Health and Safety Bill, subclause 113(2).

[18]      Bowling v General Motors-Holden Pty Ltd (1975) 8 ALR 197 (High Court); recently applied in Barclay v Board of Bendigo Regional Institute of TAFE [2011] FCAFC 14 (Full Federal Court)

[19]      Fair Work Act 2009, s. 360.

[20]      Australian Council of Trade Unions, Submission 7 (Supplementary), p. 1.

[21]      Australian Council of Trade Unions, Submission 7, p. 8.

[22]      Community and Public Sector Union, Submission 4, p. 2.

[23]      Work Health and Safety Bill 2011, clause 31.

[24]      Work Health and Safety Bill 2011, clauses 32 and 33.

[25]      Work Health and Safety Bill 2011, subclause 31(2).

[26]      Australian Manufacturing Workers' Union, Submission 1, p. 4.

[27]      Ms Deb Vallance, National Occupational Health and Safety Coordinator, Australian Manufacturing Workers' Union, Proof Committee Hansard, 10 August 2011, p. 18.

[28]      Ms Deb Vallance, National Occupational Health and Safety Coordinator, Australian Manufacturing Workers' Union, Proof Committee Hansard, 10 August 2011, p. 18.

[29]      Australian Council of Trade Unions, Submission 7 (Supplementary), pp 1–2.

[30]      Australian Manufacturing Workers' Union, Submission 1, p. 3; Community and Public Sector Union, Submission 5, p. 2; Australian Council of Trade Unions, Submission 7, p. 4.

[31]      Fair Work Act 2009, s. 512.

[32]      Australian Manufacturing Workers' Union, Submission 1, p. 3; Community and Public Sector Union, Submission 5, p. 2; Australian Council of Trade Unions, Submission 7, p. 4.

[33]      Australian Council of Trade Unions, Submission 7, pp 8–9.

[34]      Mr Joel Fetter, Director of Policy and Industrial, Australian Council of Trade Unions, Proof Committee Hansard, 10 August 2011, p. 2.

[35]      Ms Deb Vallance, National Occupational Health and Safety Coordinator, Australian Manufacturing Workers' Union, Proof Committee Hansard, 10 August 2011, p. 17.

[36]      Ms Suzanne Williams, OHS Research Officer, Master Builders Australia, Proof Committee Hansard, 10 August 2011, p. 25.

[37]      Ms Flora Carapullucci, Branch Manager, Department of Education, Employment and Workplace Relations, Proof Committee Hansard, 10 August 2011, p. 39.

[38]      Ms Flora Carapullucci, Branch Manager, Department of Education, Employment and Workplace Relations, Proof Committee Hansard, 10 August 2011, p. 39.

[39]      Ms Deb Vallance, National Occupational Health and Safety Coordinator, Australian Manufacturing Workers' Union, Proof Committee Hansard, 10 August 2011, p. 17.

[40]      Provision is also made for Health and Safety Representatives to operate across multiple businesses or undertakings by agreement between all relevant parties. See Part 5, Divisions 3 –7, Work Health and Safety Bill 2011.

[41]      Work Health and Safety Bill 2011, clause 85.

[42]      Work Health and Safety Bill 2011, subparagraph 72(2)(a).

[43]      Work Health and Safety Bill, subclause 72(7).

[44]      Australian Manufacturing Workers' Union, Submission 1, p. 4; Australian Council of Trade Unions, Submission 7, pp 11–12.

[45]      Ms Margot Hoyte, Health and Safety Officer and Workers Compensation Officer, Australian Council of Trade Unions, Proof Committee Hansard, 10 August 2011, p. 3.

[46]      Deb Vallance, National Occupational Health and Safety Coordinator, Australian Manufacturing Workers' Union, Proof Committee Hansard, 10 August 2011, p. 10.

[47]      National Review into Model Occupational Health and Safety laws, Second Report, January 2009, pp 140–146.

[48]      Work Health and Safety Bill 2011, subparagraph 72(2)(a).

[49]      Financial Services Union, Submission 10, pp 1 and 6.

[50]      Work Health and Safety Bill 2011, clause 4.

[51]      The Regulations and the Code of Practice have not yet been released publically so the Committee has not been able to form its own opinion on the detailed content of these documents.

[52]      Australian Manufacturing Workers' Union, Submission 1, p. 4.

[53]      Ms Deb Vallance, National Occupational Health and Safety Coordinator, Australian Manufacturing Workers' Union, Proof Committee Hansard, 10 August 2011, p. 11.

[54]      Ms Flora Carapullucci, Branch Manager, Department of Education, Employment and Workplace Relations, Proof Committee Hansard, 10 August 2011, pp 49–50.

[55]      CropLife, Submission 4, p. 1.

[56]      Accord, Submission 11, p. 1.

[57]      Department of Education, Employment and Workplace Relations, answer to question on notice, 15 August 2011 (received 19 August 2011).

[58]      Department of Education, Employment and Workplace Relations, answer to question on notice, 15 August 2011 (received 19 August 2011).

Coalition Senators' Dissenting Report

1[1]      For example, Australian Manufacturing Workers' Union, Submission 1; Community and Public Sector Union, Submission 5; Australian Council of Trade Unions, Submission 7.

[2]        Mr Jarrod Moran, Australian Council of Trade Unions, Proof Committee Hansard, 10 August 2011, p. 1.

[3]        The Hon Julia Gillard MP, Prime Minister, Leaders Debate, National Press Club Canberra, 25 July 2011. Emphasis added.

[4]        Submission 2, p. 4.

[5]        National Review into Model OHS Laws, Second Report to WRMC, January 2009.

[6]        Decision Regulation Impact Statement for a Model Occupational Health and Safety Act, Access Economics, 9 December 2009.

[7]        Intergovernmental Agreement for Regulatory and Operational Health and Safety.

[8]        Answer to Question on Notice EW0041_12 – EW0044_12.

[9]        Submission 6, p. 1.

[10]      Answers to Questions on Notice, Question 4, received 19 August 2011.

[11]      Safety and Health at Work: Report of the Committee 1970-72, Lord Robins, 1972.