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New South Wales Industrial Relations Commission
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BUILDING AND CONSTRUCTION INDUSTRY (STATE) AWARD
  
Date05/19/2006
Volume359
Part2
Page No.388
DescriptionVIRC - Variation by Industrial Relations Commission
Publication No.C4594
CategoryAward
Award Code 001  
Date Posted05/18/2006

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(001)

SERIAL C4594

 

Building and Construction Industry (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Construction, Forestry, Mining and Energy Union (New South Wales Branch) , Industrial Organisation of Employees.

 

(No. IRC 1269 of 2006)

 

Before The Honourable Justice Kavanagh

14 March 2006

 

VARIATION

 

1.          Insert in numerical order in clause 2, Arrangement, of the award published 31 August 2001 (327 I.G. 279), the following new clause number and subject matter:

 

12.4.9. Occupational Health and Safety for employees of labour hire employers

 

2.          Insert after subclause 12.8, of clause 12, Employer And Employee Duties, the following new subclause:

 

12.4.9               Occupational Health and Safety for employees of labour hire employers

 

(i)         For the purposes of this subclause, the following definitions shall apply:

 

(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.

 

(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.

 

(ii)        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):

 

(1)        consult with employees of the labour hire business and/or contract business  regarding the workplace occupational health and safety consultative arrangements;

 

(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;

 

(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

 

(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.

 

(iii)       Nothing in this subclause 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.

 

(iv)      Disputes Regarding the Application of this Clause

 

Where a dispute arises as to the application or implementation of this sub clause, the matter shall be dealt with pursuant to the disputes settlement procedure of this award.

 

(v)       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 the beginning of the first pay period to commence on or after 14th March, 2006.

 

 

 

T. M. KAVANAGH  J.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

 

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