LABOR STOPS DANGEROUS LAWS APPLYING TO HIGH-RISK OCCUPATIONS IN NSW
On Thursday the 10th of June, I was able to lead Labor in the Upper House of NSW Parliament in protecting workers and residents by ensuring national Mutual Recognition laws cannot apply to the electrical, mining, teaching, and building, maintenance and construction industries in New South Wales at this time, which is a great win for Unions.
The Berejiklian Government’s Bill (the Mutual Recognition (New South Wales) Amendment Bill) in its unamended form essentially gave complete power to the Morrison Government’s legislation, aiming to allow individuals who are registered or licenced for an occupation in one state or territory to be considered automatically registered or licensed to undertake their work in a different jurisdiction with no additional checks. Labor supported this principle for many occupations that already have like for like licencing and qualification regimes but not for occupations that do not.
Whilst for some occupations the introduction of the proposed scheme is seen as beneficial, for others there are significant differences across states, where occupations are not like for like especially across high-risk trades. It would be extremely problematic for those industries, creating severe safety risks not only for workers but for our community at large.
In the Federal Senate, Labor attempted to refer the legislation to a Committee for examination and also tried to amend the legislation to exclude the laws applying to certain occupations, unfortunately this was not successful. New South Wales was the first state that introduced a Bill to Parliament that would give effect to the Federal legislation. After speaking with Unions whose members would be adversely impacted by the Bill and Unions NSW, I successfully referred the legislation to an Upper House Committee Inquiry for examination. The inquiry hearing provided a valuable opportunity for Unions and other experts to present evidence of the problems with passing the Berejiklian Government’s Bill without amendments.
Witnesses across high-risk industries said that the significant differences between licenses and registrations state to state would render workers unable to operate safely or effectively without further testing and training in a number of high-risk trades. The committee heard that the proposed laws would create a race to the bottom in licensing requirements and industry experts warned that there could be potential fatalities in our communities if certain occupations were not exempt. The inquiry was told that the harmonisation of certain occupations was needed across jurisdictions and that could not be achieved if the legislation was passed without exemptions.
We heard deep concerns around enforceability issues, as the regulator would not have had to be informed that a worker from a different jurisdiction is even working in our state. Serious child protection issues were also raised and evidence was provided that the Government’s proposed legislation would place children at risk in New South Wales.
Unions were able to clearly outline all the issues with the Berejiklian Government’s legislation to the Committee so that Members of Parliament could understand their concerns. With my Labor colleagues, I was able to ensure that the report of the committee accurately reflected the issues and concerns that witnesses held about the impact of the proposed laws on workers.
After the committee process and consultation with Unions NSW, the Plumbing Trades Employees Union, the Australian Workers Union, the Electrical Trades Union, CFMMEU – Construction and General Division and the NSW Utilities and Electrotechnology Industry Training Advisory; I was able to work on amendments that aimed to provide an exemption to occupations that would be adversely impacted and pose a safety risk for the public until those issues could be addressed adequately. I was able to speak with the Crossbenchers about the problems with the potential impact of the Government’s legislation, and I gathered their support for Labor’s amendments to exclude high-risk occupations.
I successfully introduced amendments to the Government’s legislation in the Upper House, ensuring that the Bill will not apply to certain occupations at this time.
The long-time Clerk of the Parliament indicated that it was a momentous achievement for my amendments to have passed as it had not occurred previously in the Parliament:
“It is a significant development for the Legislative Council to have amended a Bill of this nature. Over the years that I have been working as a Clerk at the table I have heard on many occasions Ministers of Governments from both political persuasions bring legislation to the House implementing agreements reached at Ministerial council meetings or Ministerial COAG meetings and saying to the House, well because this has been agreed by Ministerial council across the nation, there’s no capacity for the House to amend this legislation, it’s really take it or leave it and you have to act as a rubber stamp. Well, I think it’s the first time we have seen with the Mutual Recognition Bill, the House flex its muscle in that regard and end up with a set of amendments that were supported across the House.”
The exemptions are as follows:
The Minister is obligated to make the exclusions for the following occupations:
(a) teaching work, or
(b) electrical work, or
(c) mining work, or
(d) the work of a diesel mechanic, or
(e) building, maintenance or construction work, including the following—
(i) engineering work,
(ii) gasfitting work, including medical gasfitting work and medical gas technician work,
(iii) mechanical services and medical gas work,
(iv) air-conditioning work,
(v) the work of a refrigeration mechanic,
(vi) plumbing work,
(vii) tunnelling work,
(viii) welding work,
(ix) drilling work,
(x) the work of a fitter and turner,
(xi) the work of a shotfirer,
(xii) the work of a rigger or dogger,
(xiii) the work of a machine and heavy plant operator,
(xiv) fire protection work.
Please note that the definition of building, maintenance or construction work is not limited to occupations listed within (e), it can also include other occupations that could be considered to fall under building, maintenance or construction work.
The Minister will be obliged in the first instance to make a temporary exclusion of the occupations listed above for a 12 month period. The Minister will then be able to make a significant risk exclusion declaration for these occupations to continue their exclusion from the operation of the mutual recognition scheme for 5 years.
The Minister must make further significant risk exclusion declarations (for five years) for the occupation each time a previous significant risk exclusion declaration for the occupation ends for a reason other than revocation.
The Minister cannot revoke a temporary exclusion declaration or significant risk exclusion declaration for the occupations before it is due to end unless the Minister—
(a) has tabled a revocation proposal in each House of Parliament, and
(b) the disallowance period for the proposal has ended or all motions to disallow the proposal have been defeated.
A revocation proposal for a relevant occupation must state—
(a) the trade unions and industry groups the Minister has consulted about the proposal, and
(b) the reasons why the Minister is satisfied the end of the exclusion of the occupation from the operation of automatic deemed registration would not—
(i) place the public at risk of harm, or
(ii) compromise the effective regulation of the occupation in the State.
The amendments ensure that the Minister cannot revoke an exclusion for an occupation without tabling it in Parliament where Labor can ensure it is disallowed. The Minister is also obliged to consult with trade unions and industry groups.
In addition, NSW Treasurer Dominic Perrottet also confirmed in writing to our Shadow Treasurer, Daniel Mookhey MLC, that the Government is committed to consulting meaningfully with relevant industry stakeholders including Unions, employers and relevant regulators. Scott Farlow, a Liberal member of the Legislative Council also confirmed this in his speech in Parliament.
Without the amendments, interstate workers without the correct qualifications and training would have been allowed to work in our state, which could have caused serious safety issues in our communities. Labor’s amendments will help to prevent a race to the bottom in licensing standards, protect the safety of workers, prevent dangerous building defects, costly delays in rectifying work, and increased claims on home warranty insurance.