Inside… - NSW Farmers Association

More documents

Recommendations

Info

Current issues, news and updates We have been busy keeping members abreast of what is happening in the regulatory space in relation to quad bikes. Recently, Gracia Kusuma, IR Manager, attended a Quad Bike Safety Forum in Melbourne hosted by Bill Shorten, the Federal Minister of Employment and Workplace Relations. The Forum followed an Issues Paper released by the Minister seeking feedback on how quad bikes can be engineered to be safer. Although the purpose of the Forum was meant to further discuss the submissions received, discussions held at the Forum quickly narrowed to the long standing debate on fitment of Crush Protection Devices (CPDs) on quad bikes. Subsequent to the Forum, the Minister has announced that he will be looking at mandating the fitting of CPDs on all quad bikes used within the ComCare system (federal government employees). Several safety interest groups and the unions are calling for mandatory fitment of CPDs. The manufacturers steadfastly oppose fitment of CPDs on quad bikes, relying on research, testing and studies that conclude fitment of CPDs increases injury risks. The accuracy and reliability of these studies has been challenged time and time again. Most recently, a publication released by the Institute for Safety, Compensation and Recovery Research at Monash University identifies serious issues with the simulation methods, and the conclusions of the research relied by the manufacturers group. NSW Farmers supports the retro-fitment of CPDs, but we cannot support the fitment of CPDs being made compulsory, especially when there is no definitive and impartial scientific research in existence about CPDs on quad bikes. NSW Farmers believes it is an issue that each farmer should be able to decide for themselves following a risk assessment. NSW Farmers anticipates the research funded by WorkCover NSW (and undertaken by university of New South Wales) will set safety standards for quad bikes and clarify the use and limitations of CPDs on quad bikes. NSW Famers is part of a reference group to oversee this research. With that in mind, we thought it was a good time to remind our members of the recommended best practice when it comes to protecting your own, your families, and workers Quad Bike Update safety whilst operating a quad bike. It is every employer’s duty to provide safe systems of work and to maintain a safe work environment. The following guidelines may help operators when developing safe systems of work for their operation. This list is not exhaustive, and different factors will need to be taken into account on different properties, however, this is a good start. Ensure that all individuals that operate a quad bike know how to do so competently, and have adequate induction, instruction and training; Passengers should never be carried on a quad unless you are operating a quad that is specifically designed for this purpose; Ensure that quads are not overloaded, and that they are fit for the particular task that is being undertaken. Define areas of the farm and tracks that are safe for quad bikes to go, and also spell out where the “nogo” areas are; Set safe speed limits that are communicated, understood and adhered to by all staff; Restrict the operation of adult quads to competent persons over 16 years of age; Always wear a helmet; and If you are contemplating purchasing a quad bike for farm use, it is important that the vehicle selected should fit the type of farm & tasks intended. There may be another type of vehicle that is more suitable. WorkCover NSW has published a checklist that may assist in this decision process here. These tips are taken out of the Australian Centre for Agricultural Health and Safety practical management guide for quad bikes and side by side vehicles, this document is a very comprehensive and useful guide for producers to consider. You can access it by registering on their website and browsing their publications.
Employment law reminders... helping you to remain compliant This month: Emergency Services Leave What’s the difference between IR Basics and IR Essentials membership? All NSW Farmers producer members have an IR Basics (IRB) membership. This gives them access to phone support (4 x per year) and limited access to the IR website. For an additional fee, members can upgrade to the IR Essentials (IRE) membership option giving them unlimited access to the support services provided by the IR team, including assistance with drafting all forms of employment documentation such as contracts, policies and Individual Flexibility Agreements (IFA’s). With the summer season just around the corner, it is important for employers to be aware of the leave available for employees who volunteer in emergency services activities. Employers need to be aware of the entitlements of employees whilst on emergency services leave, and also, to then ensure that employees are not unfairly victimised as a result of taking such leave. In NSW, the State Emergency & Rescue Management Act 1989 mandates that employees cannot be dismissed as a result of taking emergency services leave. Also, employers cannot alter the circumstances of the employee’s position to their prejudice or injure the employee’s prospects for promotion in the workplace as a result of them taking leave. Emergency services leave is part of the wider entitlement to Community Services Leave. Under the National Employment Standards (NES), which came into effect on 1 January 2010, employees, including casual employees, have an entitlement to community service leave. Community Service Leave is available for employees that are engaged in jury service or in a ‘voluntary emergency management activity’. A ‘voluntary emergency management activity’ means that the activity deals with an emergency or natural disaster and the employee engages in the activity on a voluntary basis. In addition, the employee needs to be a member of a ‘recognised emergency management body’. Such bodies can include fire-fighting and rescue bodies. The amount of leave taken can vary, and there is no maximum limit. Generally though, community service leave (including emergency services leave) allows absences if it is reasonable in all the circumstances. The leave can include reasonable travel time and time taken after the leave to rest from the activity undertaken. Community service leave is unpaid, except for leave taken to attend jury duty where there is a requirement to pay “make-up” pay for permanent employees. The amount to be paid is the difference between the amount that employee is paid for attending jury service, and the base wage amount that they would have been entitled to had they attended work. The NES requires employers to pay make-up pay for up to 10 days, however, award covered employees may be entitled to make-up pay for a longer period. You will need to check the relevant award for full details. The notice and evidence requirements are similar as for personal leave. The employee has to give reasonable notice of their intention to take community service leave and the employer may require evidence that proves that the leave was for community service purposes. Specifically for jury service leave, the employer may require evidence of the jury pay, in order for you to correctly apply the provisions in relation to “make-up” pay. For more information on Community Service Leave, click here.
Page 1: Industrial Relations Update Edition
Page 5: What happens if I overpay an employ

Inside… - NSW Farmers Association

Create successful ePaper yourself

Delete template?

Save as template?