Safety Matters - Rail, Tram and Bus Union of NSW

What does it cost?
If you are a member of a union, absolutely nothing.
This is one of the specialist services provided by the union to their members.
Can I be sacked while I’m on compensation?
It’s important for delegates and workers to know:
SECTION THREE
Safety Matters A Guide for Workplace OHS Representatives
• A worker cannot be dismissed within six months of becoming unfit for
employment under NSW laws because they are not fit for work due to
injury
• If a worker is dismissed because of the injury and they later become fit for
their pre injury job -the union can apply for them to be reinstated -that means
providing a medical certificate confirming they are fit for their employment.
The union has up to 2 years to make this application
• The union will often advise the employer of their intention to make this
application at the time the worker is terminated.
Refer to your union for advice.
New options for disputes
Changes to the Workers Compensation laws have affected how disputes are
handled. The Workers Compensation Commission was created in January,
2002, and hear all disputed matters that were not before the Compensation
Court before 1 April 2002. That includes:
• Return to work disputes (including disputes about suitable duties)
• Medical disputes – including permanent impairment
• Other disputes
Having return to work disputes included, as matter for the Commission is
especially important – The unions got the government to agree to include a
dispute resolution arm in the new Commission.
This is first of its kind and unions can now argue the case where an employer
fails to provide suitable duties for an injured worker. Employers constantly
argue that they do not have suitable duties. It is important for you as a
delegate to assist in this process to prove to the Commission the employer
can provide suitable duties.
A Summary of Workers Compensation in NSW
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