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New South Wales Health and Safety Laws Expand Range of Duties and Duty Holders
New laws, based on the federal government’s model harmonised Work Health and Safety Act 2011, took effect in most states and territories (including New South Wales) on 1 January 2012. The New South Wales Work Health and Safety Act 2011 (WHS Act) repealed the Occupational Health and Safety Act 2000 (OHS Act). The WHS Act creates significant obligations for employers and other persons who influence the performance of work. In this article, we will outline the categories of persons who hold obligations under the WHS Act and some of the more significant of those obligations. Workplace health and safety responsibilities Person conducting a business or undertaking The WHS Act introduces a new category of duty holder — person conducting a business or undertaking (PCBU) — to identify those persons with a primary duty. The definition of PCBU ex...
7 March 2012New Bill to Introduce Superannuation Amendments
The federal government introduced a new bill in the House of Representatives on 1 March 2012 entitled the Tax and Superannuation Laws Amendment (2012 Measures No. 1) Bill (the Bill). The Bill seeks to amend various superannuation and taxation laws and places further obligations on employers regarding payslip reporting. The following comprises a summary of the Bill’s major amendments. Note, the Bill is still being debated before the House of Representatives, so the following is not law yet. Payslip reporting The Bill requires employers to print on an employee’s payslip the amount of superannuation contribution that will be paid and the date by which the employer expects to pay the superannuation contribution to the relevant fund — this new requirement is in line with regulation 3.46 of the Fair Work Regulations 2009. Disclosure of superannuation information...
7 March 2012Contract Determination Ruling
On 23 February 2012, the full bench of the Industrial Court of New South Wales made a determination about the interpretation and application of provisions of the Transport Industry – General Carriers Contract Determination (the Contract Determination). There were three proceedings instituted in the court and referred to the full bench by direction of the president. The proceedings involved three contract carriers claiming against a principal contractor for underpayment of remuneration under the Contract Determination. The proeedings were heard concurrently. The questions referred pertained mainly to the proper application of clause 16 – remuneration of the Contract Determination. The application of this Contract Determination and the calculation of remuneration in clause 16 is critical to many transport operators to ensure compliance with the Contract Determination and the Industrial Relations Act 1996 (the 1996 Act). The questions and answers in this case ac...
5 March 2012