Stakeholder Reference Group - Employers

Stakeholder Reference Group Thursday 17 October 2013 1:00pm- 4.00pm WorkSafe Victoria Paramount Corporate Centre, Exhibition Street, Melbourne

Chair Keith Brown/ Minutes Garry Shannon Melinda Collinson

Participants Barry Durham (VCEA), Cathy Butcher (VTHC), Barry Sherriff (PCA), Renata Musolino (VTHC), John Darcy (MBAV), Carol Bullivant (AIGroup), Rodney Tresidder (MPMSA), Phil Lovelock (VECCI), Carl Marsich (CPSU/SPSF), Patrick D’Alessandri (VACC), Tracey Browne ( AI Group), Gerry Ayres (CFMEU), Jody Beckwith (CCF), Geoff Pawsey (MAV), Peter Verberne (AMCA), Paul Burgess (NECA), David Tuddenham (ETU), Kathy Chrisfield (ANMF), Erin Sterritt (ANMF), Amy Towers (RCSA),

Apologies Megan Davison (MCA), Yiota Paraskevopoulos (ANF), Andrew Hawkins (LASA), Cris Giblin (PTEU), Sarah Ross (AMWU), Gwynnyth Evans (AMIEU) , Grant Odgers (HACSU), Steve Rocco (PTEU), Georgie Kimmel (AMWU), Percy Pillai (AWU), Kimberley White (RCSA),Gayle Burmeister (NUW), Michael Clarke (TPA), James Cox (SDA), Patricia Murdock (VFF), Kathryn Walton (PCIA), Wendy McInerney (Shell), David Amesbury (ACCV), Sergio Parisi (SPSF) Janet Marshall (AEU), Mark Binks (CCF), Alexandra Ternill (RSCA), Anna Vong (VACC), Tony Lopez (HIA), Stefan Delaney (SIAU), Zoran Bukavica (ANF), Jennifer Sanderson (RCSA), Keith Govias (A.R.A.), Damien Ryan (LASA),

Attendees Kate Despot, Louise Close, Adam Watson, Anne Warner, Linda Timothy, Jennifer Anderson Fair Work Commission {FWC}), Jamie Swan, Jarrod Edwards, Anna Scott, Cath Duane

No. Item 1. Welcome Keith Brown opened the meeting and welcomed attendees. Request to confirm Minutes of 26th September 2013 Minutes of the September meeting were accepted. Actions arising from previous meeting 26th September 2013 Keith detailed the actions arising from the September meeting and where in the agenda they would be addressed. Keith brought forward a General Business item requesting feedback on the issue of the timing of the next SRG meeting due in March 2014 and whether there was support for a meeting in February 2014. Stakeholders agreed that a meeting should be scheduled for February 2014. Notice will be given of that date in the release of next years scheduled meeting dates.

2. Enforcement Group Update Enforcement Group update included action item from September’s meeting. Key points included: o Louise Close presented an overview of some reasons or circumstances why prosecutions were withdrawn or unsuccessful. o Details on prosecution cases and outcomes explaining the background to the reasons for conviction or non-conviction and the size of the fines imposed if any was presented. Categories of prosecution cases were fail to notify and unlicensed removal of asbestos

No. Item The feedback from Stakeholders was that they wish to receive more advice on prosecution outcomes. Action: WSV will provide an update next SRG on the outcomes of an earlier project on Enforceable Undertakings.

3. Internal Review Update Anne Warner attended to update SRG on 2012/2013 performance results. Key points included: o Of the 1,380 applications for internal review of inspector’s decisions, 91% were related to the OH&S Act. o Of these applications 98% were from employers and 2% from workers or HSR’s. o 10 applications were sent to VCAT following internal review. o Applications to VCAT are reducing over time. o A high proportion of inspector decisions are not overturned. o The applications from workers or HSR’ remains at a small number. Concern was expressed by Stakeholders that the process of issuing PIN’s by HSR’s needed further attention as IRU outcomes were affecting confidence in their ability to perform their role. The discussion also included the difficulty with completing PIN’s with regard to correct entity details due to the use by companies of trustee arrangements. This complex issue is to be addressed in the execution of actions listed below. Anne offered to conduct special sessions to illustrate/demonstrate the PIN process which would include the how and why of various outcomes. The session would include ensuring HSR’s understand sections and standard wordings which would assist in completing PIN’s. This offer was accepted by Stakeholders.

4. Legislation Policy & Information Services Update Linda Timothy presented on Dangerous Goods, National OHS Forums and the Fair Work Act anit-bullying amendment Key points included: o The new Code of Practice for the Storage and Handling of Dangerous Goods came into effect on 11 October 2013. The Amendment to the Dangerous Goods (Explosives) Regulations 2011 is effective from 15 October 2013. o Linda updated Stakeholders on the outcomes of the Safe Work Australia Strategic Issues Group meeting held on 27 September 2013. o Linda updated the Stakeholders on the Fair Work Act anti-bullying amendment which will come into effect on 1 January 2014. Linda advised that there would be no legal conflict with Victorian OHS or workers compensation legislation and that WSV would attempt to minimise any potential confusion by ensuring consistent messaging and working closely with the FWC on implementation. Linda invited Jennifer Anderson, Project Manager at FWC, to contribute to this discussion. Linda responded to a September meeting action item querying whether there was any change to the Victorian Government’s position on national harmonisation following a change in federal government. Linda was not aware of any information that would indicate any change had occurred in the Victorian Government’s position.

D:\Docs\2018-01-02\0b1fa0c8c2e45594a54a3ca44bee92cd.doc 15/11/2013 10:24 上午 2 No. Item 5. Social Research Update Jamie Swan attended to update the Stakeholders on the changes to the principles of measuring Client Service Management. Key points included: o The new measure is a shift from an “are you satisfied” measure to “make an assessment”. o Jamie also explained how we reach score outcomes in service areas including what questions are used in the survey to reach conclusions. o The results from 2012/2013 were worked through in detail.

6. Health & Safety Update Jarrod Edwards attended to explain the inspector processes following a high profile event. Jarrod outlined in detail the manner in which such events might come to WSV attention and then what operational strategies or considerations used which include: Key points included: o Source of advice via advisory or external. o Primary consideration is the immediate risk to workers and public. o Inspector attendance consistent with the Incident Response Framework. o Investigation consideration by Enforcement Group in parallel. o Relevant H&S Operations Director to lead. Jarrod was asked why the Dangerous Goods project had been interrupted. Stakeholders were advised that the project was still current but that the project lead had been temporarily reassigned. Action: WSV to distribute the Incident Response Framework. Action: WSV to make available an update on workplace visits, enforcement activities, type of activities. Anna Scott presented on the Health & Safety Strategy and program logic in response to a request from the September meeting. Key points included: o Anna detailed how the program logic methodology sits inside the H&S strategic framework and how they fit together. o Anna also advised Stakeholders on timelines for delivery of each of the 6 program logics. Action: The program logics are to be distributed to SRG participants when they are completed.

7. Other Business Stakeholders enquired regarding the progress with the Health & Safety Strategic Framework, the Modern Regulator and the Health & Safety Business Unit Realignment projects. Cath Duane updated the meeting on progress on each of these projects.

8. Meeting Close at 3:55pm

Action items from 17 October 2013 meeting

D:\Docs\2018-01-02\0b1fa0c8c2e45594a54a3ca44bee92cd.doc 15/11/2013 10:24 上午 3 No. Action items Who By when/ Status

1 WSV will provide an update to the SRG meeting on the outcomes of an KD 27 March 2014 earlier project on Enforceable Undertakings. 2 WSV to distribute the Incident Response Framework. JE 28 November 13 3 WSV to make available an update on workplace visits, enforcement RP 28 November 13 activities, type of activities. 4 The program logics are to be distributed to SRG participants when they are AS TBC completed.

D:\Docs\2018-01-02\0b1fa0c8c2e45594a54a3ca44bee92cd.doc 15/11/2013 10:24 上午 4