Motor Ferries (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The
Seamen's Union of Australia, New South Wales Branch, Industrial
Organisation of Employees.
(No. IRC 1257 of 2006)
Before The Honourable
Justice Marks
|
10 March 2006
|
VARIATION
1. Insert in
alphabetical order in the Arrangement of the award published 14 September 2001
(327 I.G. 787) the following new clause number and subject matter:
25B. Secure
Employment
2. Insert after
clause 25, Redundancy, the following new clause:
25B. Secure
Employment
25A.1. Occupational
Health and Safety
25B.1.1. For
the purposes of this subclause, the following definitions shall apply:
25B.1.1.1 A
"labour hire business" is a business (whether an organisation,
business enterprise, company, partnership, co-operative, sole trader, family
trust or unit trust, corporation and/or person) which has as its business
function, or one of its business functions, to supply staff employed or engaged
by it to another employer for the purpose of such staff performing work or
services for that other employer.
25B.1.1.2 A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another employer
to provide a specified service or services or to produce a specific outcome or
result for that other employer which might otherwise have been carried out by
that other employer’s own employees.
25B.1.2. Any
employer which engages a labour hire business and/or a contract business to
perform work wholly or partially on the employer’s premises shall do the
following (either directly, or through the agency of the labour hire or
contract business):
25B.1.2.1. consult
with employees of the labour hire business and/or contract business regarding the workplace occupational health
and safety consultative arrangements;
25B.1.2.2. provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
25B.1.2.3. provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
25B.1.2.4. ensure
employees of the labour hire business and/or contract business are made aware
of any risks identified in the workplace and the procedures to control those
risks.
25B.1.3. Nothing
in this subclause 25A.3 is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Occupational
Health and Safety Act 2000 or the Workplace Injury Management and
Workers Compensation Act 1998.
25B.2. Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
disputes settlement procedure of this award.
This clause has no application in respect of
organisations which are properly registered as Group Training Organisations
under the Apprenticeship and Traineeship Act 2001 (or equivalent
interstate legislation) and are deemed by the relevant State Training Authority
to comply with the national standards for Group Training Organisations
established by the ANTA Ministerial Council.
3. This
variation shall take effect from 10 March 2006.
F.
MARKSJ
____________________
Printed by
the authority of the Industrial Registrar.