OCCUPATIONAL HEALTH & SAFETY AGREEMENT 2013
Word Copy Agreement (Jan 2014)
Note: This agreement is called up by the EBA.
Occupational Health and Safety Agreement 2013
1.1 The parties to this agreement are committed to achieving and maintaining a safe and healthy work environment, safe systems of work, providing for the involvement of employees and their representatives (union(s)) in workplace health and safety matters and as a minimum ensuring compliance with all relevant legislation, Codes of Practice, Safety Standards, and Regulations.
1.2 Nothing in this Agreement will restrict any rights or responsibilities of Australia Post, its employees or unions established under the Work Health and Safety Act 2011 (WHS Act).
2.1 All managers and supervisors are responsible for the safety of their employees, and the protection of others from risks arising out of Australia Post's activities.
2.2 Joint participation, involving management, unions, Health and Safety Representatives (HSRs) and employees, is an effective means of identifying safety and occupational health risks in the workplace and assisting management in their resolution. Competent professional advice should be utilised in the resolution of more complex matters.
3.1.1 The Managing Director and Chief Executive Officer, Board of Directors and other senior staff of the organisation recognise that they hold the primary responsibility for workplace health and safety. This responsibility cannot be delegated or contracted to any other party or organisation. No agreement, commercial or otherwise, will be entered into that devolves this primary duty of the organisation.
3.1.2 It is agreed that the achievement of a safe working environment will be aided by the adoption of the following specific responsibilities by management, unions and employees.
3.2 Management
In addition to the obligations under the WHS Act, Australia Post commits to the following:
3.2.1 Australia Post management, in consultation with employees and unions, will:
3.2.2 Management, in consultation with workers and unions, will take all reasonably practicable steps to:
3.3 Unions
3.3.1 Unions agree to work co-operatively with Australia Post management by:
3.4 Employees
3.4.1 Management and unions recognise the rights of employees to be provided with, and to have maintained, a workplace and working environment (including plant and systems of work) that is safe and that provides adequate facilities for their welfare at work. Management will take all reasonably practicable actions to ensure that these rights and the employee responsibilities listed below are understood and practised by all employees.
3.4.2 Each employee must, whilst at work, take all reasonably practicable steps to ensure that:
3.4.3 Management and unions agree that these responsibilities do not alter the employee's right to cease or refuse to carry out work, if the worker has a reasonable concern that to carry out the work would expose the worker to a serious risk to the worker's health or safety, emanating from an immediate or imminent exposure to a hazard. An employee who ceases work must, as soon as practicable, notify their supervisor in accordance with the requirements of the WHS Act.
This Agreement recognises that workers have a right to participate in decisions that affect their health, safety and welfare. Australia Post commits to providing the opportunity for workers and their representatives to participate in workplace issues that have OHS implications where requested.
5. Representation by the union in OHS matters
The union shall represent workers in negotiations regarding OHS matters. Representation includes, but is not limited to:
6.1 Management and the union agree to establish Work Groups (WGs) for the purpose of protecting the OHS interests of employees.
6.2 A WG is to be determined through a process of consultation and negotiation between management and workers or their representatives. The purpose of negotiations is to determine:
These negotiations will occur at State level, in consultation with their counterparts at Regional/Business Unit and local levels.
6.3 WGs will be established, or varied, in such a manner that, where reasonably practicable, each employee is included in a WG.
6.4 Consultation and negotiation to establish or vary a WG will take account of factors such as:
7. Health and Safety Representatives
7.1 The workers in each WG may elect an agreed number of HSRs or DHSRs to represent them. A person must be a worker in that WG to be eligible for election as a HSR. The number of HSRs and DHSRs will be determined by negotiations with management and workers and their union(s). Negotiations to establish HSRs or DHSRs will be directed at determining what best takes account of the need for a HSR elected for a WG to be accessible to each worker in the group.
7.2 HSRs are recognised by parties as the representative of workers in matters relating to health and safety. HSRs have a representative role and are not responsible for workplace health and safety.
7.3 HSRs will be actively encouraged to exercise the powers, rights and responsibilities prescribed in the WHS Act and in this Agreement.
7.4 HSRs will be provided with resources, facilities and assistance that are reasonably necessary to carry out their role.
7.5 Workers will be able to raise issues with HSRs in relation to health and safety in paid work time.
7.6 In accordance with the WHS Act, HSRs will hold office for three years from the date of election/selection, subject only to the limitations imposed under the WHS Act.
8.1 AP will notify the relevant State Branch of the union two weeks prior to the expiry of the term of office of a HSR or DHSR. The election of HSRs will be conducted in accordance with the WHS Act.
8.2 Notwithstanding, Australia Post and the relevant State Branch may enter into agreement in writing at the State level to apply agreed procedures for the conduct of HSR or DHSR elections within that State accordingly. Refer attached procedures at Annexure1.
9.1 HSRs are entitled to attend an accredited 5 day course of training consistent with the WHS Act within 3 months of election. They will also be entitled to attend a one day refresher training each year commencing one year after the initial training.
9.2 A HSR has a right to request release to attend OHS seminars. AP will consider the request in light of operational requirements.
9.3 A HSR will receive all pay and allowances as they would otherwise be entitled to if they were at work.
9.4 Australia Post will pay for the reasonable costs of training and any other costs associated with attendance at a training course.
All training rights and entitlements of HSRs will be taken to include DHSRs.
11. Resourcing and supporting HSRs
11.1 Where it is necessary for a HSR to have access to transport to carry out the duties of the position, local management will make suitable arrangements.
11.2 HSRs will be given access to information, including literature, which can reasonably be expected to improve their knowledge and skills in occupational health and safety, and their actions in ensuring the control of hazards likely to be encountered in their workplace. This information may be provided by involved unions and/or management.
11.3 HSRs will assist in incident investigation as appropriate.
11.4 Where there is more than one WG in an operational facility, management will provide reasonable opportunity for HSRs in that facility to discuss OHS matters relating to the facility as a whole.
12. Consultation prior to application to disqualify an HSR
12.1 In the event that management is considering an application to disqualify a HSR there will be discussions with the relevant Secretary of the State Branch of the union in the first instance.
12.2 Any actions taken by management do not prejudice the rights employees have under the (new legislation and regulations) to remove HSRs.
13. Health and Safety Committees
13.1.1 This Agreement provides for the constitution and operation of three levels of Health and Safety Committees (HSCs):
13.1.2 Management will provide OHS committees with information relevant to the activities of the committees.
13.1.3 The membership of State, Functional and National OHS Committees will be agreed between management and unions at the State or National level.
13.1.4 Committees will be advised where appropriate, by management of any proposed changes to the working environment including the systems of work, which may affect the safety or health of constituent employees or the public, together with measures to ensure safety.
13.1.5 Workers and their union may call in consultants of their choice at the union expense subject to discussions with management.
13.1.6 The workings of the committee will not limit the powers of HSRs as prescribed under the WHS Act or elsewhere in this Agreement.
13.2 Local Health and Safety Committees
13.2.1 Membership of local HSCs will consist of management representatives and workers. At least half the members of a local health and safety committees must consist of workers not nominated by AP Local OHS committees will include as members HSRs from the WG that the committee covers. Australia Post will ensure, where at all possible, that every worker is covered by a local HSC.
13.2.2 The function of the local HSC will be:
13.2.3 Local HSCs do not override the direct lines of communication between management and workers. If at all possible, local OHS issues will be addressed as they arise and will not be held over until the next HSC.
13.2.4 Minutes of local HSCs will be available for all relevant workers to read and will be posted on facility notice boards.
13.2.5 Australia Post will provide training for local HSC members where requested and appropriate.
13.3 State and Functional Health and Safety Committees
13.3.1 Membership of State and Functional committees will consist of senior management appointed by Australia Post and members appointed by the involved unions. They will provide advice on, and monitor all matters affecting work health and safety associated with the business management of the State, including any matters raised by employee(s) and/or HSRs and /or the union(s) within agreed protocols.
13.3.2 State and Functional HSCs will:
13.4 National Work Health and Safety Committee
13.4.1 Membership of the National HSC will consist of senior management appointed by Australia Post and members appointed by the involved unions. It will provide advice on, and monitor matters affecting work health and safety associated with the business management of Australia Post. In addition the National WHSC will also consider matters relating to the business management of environmental matters.
13.4.2 The National HSC will:
14. Consultation - process and scope of matters
14.1 Consultation is a two-way process between the organisation and workers and their union(s) and requires that:
14.2 Any workplace OHS issue may be raised by employee(s) and/or the HSR and /or the relevant union. Management and the persons involved in raising the OHS issue will meet to discuss the matter and seek to resolve it expeditiously. If workers are represented by a HSR, consultation must involve that representative where available. If the issue is unresolved it should be referred to the relevant senior manager and the relevant State Branch of the union who will meet to resolve the issue.
14.3 Consultation with workers and their union(s) as requested will occur when:
14.4 Nothing in these procedures limits the rights of a HSR and/or union to deal with OHS issues in accordance with the provisions of the WHS Act and /or Enterprise Bargaining Agreement.
15. Consultation by a HSR with the union
HSRs are entitled to consult, communicate with and seek the assistance of any party in order to assist them carry out their role of representing workers.
16. Consultation prior to seeking an enforceable undertaking
Australia Post should advise the relevant union(s) prior to seeking an enforceable undertaking from Comcare. Australia Post should advise an indication of the contents of an enforceable undertaking that it may seek.
17.1 If a matter about work health and safety arises at a workplace then the parties to the issue must make reasonable efforts to achieve a timely, final and effective resolution of the issue. When the organisation is engaged in the issue resolution process then it will consult with the relevant HSR and union where requested.
17.2 Any party to the issue may commence the procedure by telling each other party:
17.3 As soon as parties are told of the issue, all parties must meet or communicate with each other to attempt to resolve the issue.
17.4 The parties must have regard to all relevant matters, including the following:
17.5 A party may, in resolving the issue, be assisted or represented by a person nominated by the party.
17.6 If the issue is resolved, details of the issue and its resolution must be set out in a written agreement if any party to the issue requests this.
17.7 Note- parties to an issue include not only a person conducting a business or undertaking, a worker and a health and safety representative, but also representatives of these persons i.e. the union.
17.8 If a written agreement is prepared all parties to the issue must be satisfied that the agreement reflects the resolution of the issue.
17.9 A copy of the written agreement must be given to:
17.10 To avoid doubt, nothing in this procedure prevents a worker from bringing a work health and safety issue to the attention of the worker's health and safety representative.
17.11 Where the matter is not resolved after discussion between the parties at the local level, then a party to the issue may ask the regulator to appoint an inspector to attend the workplace to assist in resolving the issue.
17.12 Nothing in this section prevents:
18. Hazard identification, assessment and control
AP will consult the union on its hazard identification, assessment and control plans.
AP agrees to consult and regularly update the union on its Asbestos monitoring program.
Reference in this Agreement to "safe" and "safety" should be read to include "health" and "healthy".
Signed on behalf of Australian Postal Corporation by an authorised representative
Signed on behalf of Communication Electrical Plumbing Union by an authorised representative
Signed on behalf of Community and Public Sector Union by an authorised representative
Procedures for the Election of Health and Safety Representatives
Australia Post will notify the relevant State Branch of the union two weeks prior to the expiry of the term of office of a HSR or DHSR. The election of HSRs will be conducted in accordance with the WHS Act.
Notwithstanding, Australia Post and the relevant State Branch may enter into agreement in writing at the State level to apply agreed procedures for the conduct of HSR or DHSR elections within that State accordingly. Refer procedures below.
OBJECTIVE AND INTRODUCTION
The objective of these procedures is to outline the process to be used for the conduct of elections to the offices of Health and Safety Representative (HSR) and Deputy Health and Safety Representative (DHSR) at Australia Post workplaces.
These procedures comply with Sections 60-67 of the Commonwealth Work Health & Safety (WHS) Act 2011 and Sections 18-19 of the Commonwealth Work Health & Safety Regulations 2011.
Steps that are required in the process include:
At all times, the Returning Officer will have access to, and support from the National HSR Election/Work Group Co-ordinator.
These Procedures have been agreed to by Australia Post and involved Unions and form part of the OHS Agreement 2013.
PROCESS
1. Identifying vacant HSR and DHSR positions
The HSR Coordinator in liaison with the Returning Officer will arrange for the completion of elections when there is a vacancy identified or where a worker(s) request an election. Vacancies are created by:
2. Appointing a Returning Officer and HSR Coordinator
The State Branch of the Union will nominate a Returning Officer, assisted by a HSR Coordinator nominated by management. If the Returning Officer and/or HSR Coordinator are members of the Work Group, they cannot nominate for election but can vote if a ballot is required.
The Returning Officer will liaise with the HSR Coordinator on the conduct of the elections. The Returning Officer will use all official Australia Post forms in the conduct of the elections and by accepting the role of Returning Officer agrees to abide by these Procedures.
While the HSR Coordinator can oversee the entire election process, control of the process and decision making will remain the responsibility of the Returning Officer. The HSR Coordinator will assist the Returning Officer in the conduct of the ballot.
3. Advertising the election and calling for nominations
The HSR Coordinator will organise for the preparation of the Notice of Election form and HSR and DHSR nominations forms and the distribution to the relevant work place/s for placement on workplace safety noticeboards so that all workers are aware of the elections and have the opportunity to nominate.
Supervisor team briefs (or similar) should also be used to advertise the election. Nominations close two weeks after the date of issue of the nomination forms.
Workers in the Work Group who wish to nominate must complete the HSR and/or DHSR nomination forms. All workers of a Work Group are eligible to nominate, or be nominated for election as a HSR and/or DHSR for the workplace/s that the position/s represents, unless they are disqualified under the WHS Act or unless they have been appointed as the Returning Officer or scrutineer for that election. The nominee is only obliged to submit a completed nomination form. This information will be available to eligible voters if a ballot is required.
4. Nil nominations
If there are no nominations at the end of the nomination period, the Returning Officer will repeat the process and re-issue the Notice of Election form and the HSR and DHSR nomination forms with a new closing date.
If there are again no nominations at the end of the second nomination period, the Local Manager and workers will then consult and agree how to proceed. This can include discussion at the next local Work Health and Safety Committee meeting.
The union will also be notified if there are no nominations at the end of the nomination period.
5. Determining the need for an election ballot
During the call for nominations, the Returning Officer will confirm the eligibility of all nominees so that a nominee can possibly rectify an error in his/her nomination form. If only one valid nomination has been received for a position of HSR or DHSR, the Returning Officer will declare elected the relevant worker/s (go to step 7 - Finalising the Election).
If the number of valid nominations received for a position exceeds the number of positions to be filled, the Returning Officer will:
6. Conducting the ballot
The Returning Officer will be responsible for the ballot with the support of the HSR Coordinator. The ballot must give all workers in the Work Group, including casual and contract workers, the opportunity to vote.
The ballot system will involve:
Paper-based ballot
The HSR Coordinator in consultation and conjunction with the Returning Officer will organise for the preparation, printing and distribution of ballot paper/s and voter registration forms. Ballot paper/s will have an identifying mark to ensure only official ballot papers are completed and submitted.
Ballot papers will be distributed and collected as per the local decision of the Returning Officer in conjunction with the HSR Coordinator. Ballot papers will be kept secure and not opened until after the close of ballot. The ballot will close three weeks after the date of issue of the ballot paper/s. Voter registration forms will be verified and votes counted by the Returning Officer in the company of the HSR Coordinator.
The worker receiving the highest number of votes will win the election. If a worker receives the highest number of votes in both a HSR and DHSR election run concurrently, the worker with the second highest number of votes for DHSR will be elected to that position.
In the event of a tie, the winner will be decided by a drawing of lots. This drawing of lots will take place in the presence of the Returning Officer, HSR Coordinator and if reasonably practicable, the candidates involved. The Returning Officer will retain ballot papers for six months after the completion of the election.
(i) establish and promulgate the health and safety responsibilities of all levels of management, and
(ii) provide appropriate resources, including financial to implement occupational health and safety programs.
(i) provide and maintain a working environment (including plant, equipment and systems of work) that is safe and without risk to health;
(ii) provide adequate facilities/ amenities for employees at work;
(iii) ensure that all workplaces under the management and control of Australia Post are safe and without risk to health
(iv) consult with the HSRs in the Work Group (WG) on matters relating to changes to the workplace or working environment which may affect the safety and/or health of employees in the WG, for the purpose of establishing a safe workplace and working environment;
(v) develop and/or implement relevant regulations, safety standards, and codes of practice relating to safe work practices;
(vi) develop and/or implement appropriate procedures for the monitoring of the safety and health at work of employees, and the conditions of the workplaces under Australia Post's control;
(vii) ensure that all managers, supervisors, HSRs and members of Health and Safety (H&S) Committees are given relevant training and information relating to safety management, and that they are utilised as resources for managing occupational health and safety as appropriate;
(viii) ensure that all employees are given induction and skills training and instruction necessary to perform their work safely;
(ix) ensure the safe use, handling, storage and transport of plant, equipment and substances. This will require, in the case of chemicals, physical agents or related processes that data, such as material safety data sheets are made available to all employees;
(x) in the purchase of plant and equipment, ensure that standards relating to occupational health and safety are specified and that all new plant and equipment as a minimum conforms to those standards;
(xi) ensure that employees are provided with, and use correctly, appropriate protective clothing and equipment, in accordance with Australia Post's Personal Protective Equipment Minimum Requirements policy;
(xii) provide employees in areas where there is a concentration of non-English speaking background where reasonably practicable workplace based, easily understood safety information in appropriate languages describing workplace hazards;
(xiii) encourage HSRs and management to work co-operatively to implement this Agreement; and to comply with the WHS Act, Regulations, Codes of Practice, Standards, and all relevant OHS practices and procedures;
(xiv) provide first aid services that are as a minimum in accordance with WHS Act and relevant Regulations, Codes of Practice and Standards.
(xv) ensure that all health records relating to employees will be secured and stored on an "in-confidence" basis in accordance with the Privacy Act (1988) and the WHS Act. Any medicial information received from a treating practitioner is treated as strictly confidential and is not disclosed to any other person without an employee's written consent.
(i) participating, as requested in Health and Safety committees as a resource but not as a member;
(ii) bringing to the attention of Australia Post management, H&S committees and HSRs, as appropriate, safety and occupational health safety matters of concern, and providing assistance, to develop appropriate solutions to these matters;
(iii) encouraging their members to follow safe work practices, instructions and rules, WHS Act, Regulations, Codes of Practice and Standards,as an integral part of normal duties;
(iv) encouraging nomination of HSRs and H&S Committee members;
(v) participating in OHS training programmes for employees, HSRs and H&S Committee members where requested; and
(vi) encouraging HSRs to work co-operatively with Australia Post management in implementing this Agreement and to comply with the WHS Act.
(i) the employee does not take any action, or make any omission, that creates a risk, or increases an existing risk, to the safety of any person;
(ii) plant, equipment and substances are used in accordance with instructions given by management consistent with their safe and proper use. This includes any item(s) supplied to protect the health and safety of the employee or other persons at or near the place at which the employee is at work;
(iii) the supervisor and the HSR are promptly notified of any hazards identified by the employee that they are unable to promptly rectify without assistance; and
(iv) to the extent of each employee's control or influence over working conditions or methods of work, he/she will participate in the promotion and application of safe work practices.
a) The number and composition of WGs to be represented by HSRs;
b) The number of HSR and Deputy HSR (DHSR) to be elected; and
c) The workplace or workplaces to which the WGs will apply.
(i) the number and grouping of employees who perform the same or similar types of work and the areas where each type of work is performed;
(ii) the nature of any risks to health and safety at workplaces;
(iii) any overtime or shift working arrangements at the workplace; and
(iv) any other issues considered relevant.
(a) that there is an issue to be resolved; and
(b) the nature and scope of the issue.
(a) the degree and immediacy of risk to workers or other persons affected by the issue;
(b) the number and location of workers and other persons affected by the issue;
(c) the measures (both temporary and permanent) that must be implemented to resolve the issue;
(d) who will be responsible for implementing the resolution measures.
(a) all parties to the issue; and
(b) if requested, to the health and safety committee for the workplace.
Signature of representative
Name of officer (print)
Date
Signature of representative
Name of officer (print)
Date
Signature of representative
Name of officer (print)
Date
1. Identifying vacant HSR and DHSR positions
2. Appointing a Returning Officer and scrutineer
3. Advertising the election and calling for nominations
4. Nil nominations
5. Determining the need for an election ballot
6. Preparing for the ballot
7. Conducting a ballot
8. Finalising and announcing the election results
9. Recording of election results
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