Cooma
Challenge Limited Business Services (State) Award, The
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Transport
Workers' Union of New South Wales, Industrial Organisation of Employees.
(No. IRC 1263 of 2006)
Before The Honourable
Justice Kavanagh
|
10 March 2006
|
VARIATION
1. Insert in
numerical order in clause 2, Arrangement, of the award published 20 May 2005
(351 I.G. 229), the following new clause number and subject matter:
24A. Secure
Employment
1. In clause 2,
Arrangement, of the award published 20 May 2005 (351 I.G.229) insert a new item
24A, Secure Employment, in numerical order.
2. Insert after
clause 24, Casual Employees, the following new clause:
24A. Secure Employment
24A.1. Occupational
Health and Safety
24A.1.1. For
the purposes of this subclause, the following definitions shall apply:
(a) 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.
(b) 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.
24A.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):
(a) consult with
employees of the labour hire business and/or contract business regarding the workplace occupational health
and safety consultative arrangements;
(b) 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;
(c) 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
(d) 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.
24A.1.3. Nothing
in this subclause 26A.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.
24A.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.
24A.3. 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 1 March 2006.
T. M. KAVANAGH J.
____________________
Printed by
the authority of the Industrial Registrar.