Work Health and Safety and Other Legislation Amendment Bill 2015
Plain English Summary
Overview
This bill restores workplace safety protections that were wound back in 2014 and re-establishes key electrical safety oversight bodies. It gives trained health and safety representatives the power to order unsafe work to stop, lets union safety inspectors enter workplaces immediately to investigate suspected breaches, and requires employers to notify the regulator when a worker is off for more than four days due to injury.
Who it affects
Workers gain stronger on-the-job safety protections while employers face new notification duties and less notice before safety inspections. Electrical tradespeople and the industry will again have a dedicated Commissioner and advisory committees overseeing electrical safety.
Key changes
- Trained health and safety representatives can direct a worker to stop work if there is a serious, immediate risk to health or safety
- Union workplace entry permit holders can enter workplaces immediately to investigate suspected safety breaches, with notice given as soon as practicable afterwards
- Employers must notify the regulator when a worker is absent for more than four days due to a workplace injury or illness
- Maximum penalty for breaching entry permit conditions is halved from 200 to 100 penalty units, and the separate offence for failing to give notice of entry is removed
- The Commissioner for Electrical Safety, Electrical Safety Education Committee and Electrical Equipment Committee are reinstated to advise on electrical safety
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee7 May 2015View Hansard
Referred to Finance and Administration Committee
The Finance and Administration Committee examined the bill over two months, receiving 32 submissions, holding two public departmental briefings and a public hearing. The committee could not reach agreement on whether to recommend the bill be passed. Government members supported passage while non-government members considered significant amendments would be required before they could support it. The committee made one recommendation regarding improving employer notification systems.
Key findings (4)
- The committee was split along party lines, with government members supporting the bill and non-government members opposing it without significant amendments
- The bill sought to restore work health and safety provisions changed in 2012, including right of entry powers for WHS permit holders and powers for health and safety representatives to direct workers to cease unsafe work
- Stakeholders were divided, with unions broadly supporting the bill and employer groups raising concerns about the changes to right of entry and cease work provisions
- The committee received 32 submissions and heard from numerous stakeholders during a public hearing
Recommendations (1)
- The committee recommends that the Department of Justice and Attorney-General work to improve ease of access and reporting systems for employers, including self-insured employers, and develop education and communication strategies to ensure employers are both aware of the requirements and the reasons for them.
Committee report tabled
▸Second Reading13 Oct 2015View Hansard
That the bill be now read a second time
Vote on whether to advance the Work Health and Safety and Other Legislation Amendment Bill to the committee stage, with ALP and KAP voting in favour and LNP voting against.
The motion passed.
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Ayes (46)
Noes (42)
Vote on a motion
Procedural vote on a motion moved during an interruption to the Work Health and Safety bill debate, resolved on the casting vote of the Speaker after a 44-44 tie.
The motion was rejected.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
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Ayes (44)
Noes (44)
▸13 members spoke7 support6 oppose
Opposed the bill, arguing it was designed to appease union heavyweights rather than improve safety, and that removing the 24-hour notice requirement for workplace entry would enable union misuse and harm small businesses.
“Here we are again debating legislation with the sole aim of appeasing union heavyweights rather than improving the Queensland economy and creating jobs.”— 2015-10-14View Hansard
As Treasurer and minister responsible, moved the bill as delivering on an election commitment to restore critical workplace safety protections removed by the LNP, including immediate right of entry for permit holders, the power for HSRs to direct cessation of unsafe work, and reinstating the electrical safety commissioner.
“No-one can deny that when there is a genuine, immediate and imminent risk to a worker's safety work in the affected area should cease immediately, and this bill restores this important protection.”— 2015-10-13View Hansard
Spoke in reply defending the bill as meeting the government's election commitment to prioritise worker safety, arguing that immediate entry access for permit holders is critical for safety and that the LNP's 24-hour notice requirement was based on a false premise.
“This bill is not about polls, it is not about the LNP's opposition to employee representation, it is about the safety of the constituency in every corner of Queensland at every type of workplace.”— 2015-10-14View Hansard
Opposed all provisions of the bill as payback to CFMEU union bosses, citing the royal commission into trade union corruption, the CFMEU's 822 alleged law breaches, and arguing the existing 24-hour notice requirement and workplace safety statistics showed the current laws were working.
“Of course, the bill is not at all about safety. It is another example of payback to the union bosses for their support, both financially and with people power, during the recent state election campaign.”— 2015-10-13View Hansard
As committee chair, defended the bill as restoring nationally harmonised workplace health and safety laws after years of evidence-based development involving thousands of submissions, arguing vulnerable workers need HSR protections and employers should not get 24 hours to clean up hazardous situations.
“We were not given any evidence during our inquiry which justified an employer needing 24 hours before they could allow a union official to attend a potentially hazardous work situation.”— 2015-10-13View Hansard
As deputy chair, opposed the bill, arguing the current legislation was working with massive improvements in safety statistics, that the CFMEU was responsible for over 90 per cent of right-of-entry complaints, and that government committee members ignored all evidence to follow union instructions.
“We have workplace health and safety legislation that is not failing and is not broken. Indeed, we have seen massive improvements.”— 2015-10-13View Hansard
Drew on his experience as a paramedic and firefighter attending workplace fatalities to support the bill, arguing that while one person goes to work and does not come home, the system is inadequate.
“To look in the eyes of a worker's family member and tell them that their husband is dead is one of the hardest things I have ever done, and I have done that.”— 2015-10-13View Hansard
Opposed the bill as repayment to the union movement, arguing the government ignored submissions from CCIQ, HIA, and Master Builders, that workplace injuries had been reduced without unfettered union access, and that halving penalties for right-of-entry breaches defied logic.
“Honestly, unless you are a member of the union movement, this Labor government does not care what it is that you have to say.”— 2015-10-13View Hansard
Supported the bill, arguing prevention is better than cure and that empowering HSRs protects vulnerable workers including young people, those with disabilities, and those from non-English speaking backgrounds who may fear disciplinary action for stopping unsafe work.
“We do not need the first experience of our young Queenslanders in the workplace to be sustaining a serious injury at work.”— 2015-10-13View Hansard
Provided a detailed review of submissions for and against each provision. Noted support for reinstating the electrical safety commissioner but opposed the right-of-entry changes, reduced penalties, and four-day absence reporting as impediments to business that serve only the union movement.
“This is another in a growing list of impediments to business, economic growth and employment in the state and it needs to stop.”— 2015-10-13View Hansard
Supported the bill as part of a comprehensive raft of industrial relations reforms, arguing that restoring safety protections makes economic sense by increasing consumer confidence and creating certainty in workplaces.
“Since our government committed to restoring workplace health and safety rights, we have seen consumer confidence rise to the highest level in almost two years.”— 2015-10-13View Hansard
Opposed the bill as part of a trifecta of workplace vandalism by the Labor government, arguing the right-of-entry changes and reduced penalties are acceding to union pressure while the four-day absence reporting introduces inconsistency with other jurisdictions.
“We have seen the trifecta of workplace vandalism by this Labor government since its election—the ideological agenda of returning Queensland to the dark ages with respect to industrial reform.”— 2015-10-13View Hansard
Drew on his experience as an HSR in the electricity supply and mining industries to support the bill, arguing the role of HSRs is vital for worker safety and that the 24-hour waiting period for investigations is as ludicrous as requiring police to give notice before investigating an accident.
“Imagine the police called to a road accident where there is a fatality and told they have to give 24 hours notice to investigate! That would be ludicrous.”— 2015-10-13View Hansard
▸In Detail14 Oct 2015View Hansard
That the amendment be agreed to
Vote on an amendment moved during Consideration in Detail, carried by ALP and independents against the LNP.
The motion passed.
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Ayes (44)
Noes (42)
Vote on a motion
Procedural motion that was defeated, with the LNP and KAP voting against and ALP in favour.
The motion was rejected.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
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Ayes (41)
Noes (46)
That the motion, as amended, be agreed to
Procedural vote related to the bill's passage as amended, carried by ALP and independents against the LNP.
The motion passed.
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Ayes (44)
Noes (42)
▸2 clause votes
Vote on clause 16
Vote on retaining clause 16 which required employers to notify the regulator when a worker is absent for more than four days due to a workplace injury. The LNP and KAP opposed it as duplicating WorkCover reporting. The Speaker cast the deciding vote with the noes, defeating the clause.
The clause was removed.
A vote on whether a specific clause should remain in the bill as written.
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Ayes (44)
Noes (44)
Vote on clause 23
Vote on retaining clause 23 which removed the 24-hour notice requirement for work health and safety entry permit holders to enter workplaces to investigate suspected safety breaches. ALP and KAP voted to retain it; LNP voted against.
The clause was kept in the bill.
A vote on whether a specific clause should remain in the bill as written.
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Ayes (46)
Noes (42)
Opposed clause 16 (notification requirements) as duplicating existing WorkCover reporting and adding unnecessary red tape, and opposed clause 23 (right of entry) as essentially giving the CFMEU a blank cheque.
“This is a right of entry provision which essentially benefits the CFMEU. It has been said quite clearly during the debate and the committee reported on the number of incidents which involved the construction industry.”— 2015-10-14View Hansard
Questioned the Treasurer on clause 16's notification duplication, asking why employers needed to notify two bodies, but voted with the LNP to defeat the clause while supporting the bill overall at second reading.
“Can the Treasurer explain why they have to notify two bodies?”— 2015-10-14View Hansard
Referenced Entities
Legislation
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Programs & Schemes
Sectors Affected
Classified using AGIFT/ANZSIC Australian government standards