Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Occupational Safety and Health Convention, 1981 (No. 155) - Australia (Ratification: 2004)

Legislation. The Committee notes that Safe Work Australia is the national policy body responsible for the development and evaluation of the model work health and safety (WHS) laws. The model WHS laws are the basis for harmonized laws across Australia, and must be passed by Parliament in each jurisdiction to become legally binding. The model WHS laws consist of the the Model WHS Act, supported by model WHS regulations, model Codes of Practice and a National Compliance and Enforcement Policy. The Committee notes that all jurisdictions have committed to adopting the model WHS legislation, with minor variations as necessary to ensure it is consistent with relevant drafting protocols and other laws and processes operating within the jurisdiction. The Government indicates that full text copies of all federal and some State legislation can be obtained at http://www.austrlii.edu.au. The Committee notes with satisfaction that on 1 January 2012, the model WHS laws commenced in the Commonwealth, New South Wales, Queensland, the Northern Territory and the Australian Capital Territory, and will commence in Tasmania on 1 January 2013. In addition, the Committee notes from publically available sources that the WHS Bill was passed by both houses of the South Australian Parliament on 1 November 2012, and will enter into force on 1 January 2013. The Government indicates that Western Australia and Victoria are yet to implement the model WHS framework. The Committee welcomes the commitment by the Council of Australian Governments to review the harmonized WHS laws by the end of 2014.

The Committee also notes the communication by the Australian Council of Trade Unions (ACTU) received on 31 August 2012, and transmitted to the Government on 14 September 2012. The ACTU alleges that the key barriers to the passage of the relevant legislation in Western Australia and Victoria is the fact that they improve rights for workers. The ACTU urges the relevant state governments to secure the passage of the model WHS legislation as soon as possible. The Committee hopes that the model WHS laws will be adopted by the remaining states as soon as is practicable.

The Committee is raising other points in a request addressed directly to the Government.