Victoria Report - March 2010

Membership details
With annual subscriptions due in the next few months members are encouraged to ensure CCF records have the relevant point of contact listed in our database. We have recently undertaken a brief audit of this information and it appears some staff have either changed roles or left. This may result in your organisation missing out on vital information on government regulations, tenders or industry events. Please call the office on (02) 9009 4000 if you think the CCF contact in your company has moved.
Symposium
Following on from last year’s very successful symposium into the use of recycled materials in construction, we will host a second symposium at the Crown Plaza Hotel, Norwest on Friday 26 March. This year will see a number of new topics addressed as well as the release of a new publication based on the findings of last year’s event.
Thanks to the generosity of our sponsors Boral we have a number of key-note speakers. Registration can be made by calling Sarah on (02) 9009 4000.
Golf day
The first CCF golf day will be held at Castle Hill Golf Club on Tuesday 6 April. Given this is both an industry RDO and the first day back after the Easter break, we are expecting a bumper crowd. It is also the first time we have played at Castle Hill for many years so members should expect a great competition.
Please put the day in your diary now. Registration papers will be sent soon so please book your place early to avoid disappointment.
OHS employer duty – precedent set by High Court
Members may be aware that the Australian High Court recently quashed farm owner Graeme Kirk’s conviction for a workplace death, and called on WorkCover NSW to cease its “unjust” treatment of employers, in a decision that is likely to affect how OH&S laws are interpreted across Australia.
In March 2001, the manager of a NSW property owned by Kirk’s company, Kirk Group Holdings Pty Ltd, was killed when the all-terrain vehicle he was driving overturned on a steep slope.At the time of the incident he had unnecessarily left a purpose-built road and proceeded down the slope for reasons that have never been established.
Kirk and Kirk Holdings were subsequently charged with breaches of the since repealed state Occupational Health and Safety Act 1983, in failing to ensure the safety of an employee.
Both parties defended the charges, contending it was unforeseeable that the manager should elect to drive down the slope and disregard the warnings contained in the vehicle’s safety manual and on its decals.
But the Industrial Relations Commission found that Kirk and Kirk Holdings had delegated their OH&S responsibilities to the manager without ensuring he was adequately trained, and fined them a combined total of $121,000. In May 2009 proceedings, Kirk was granted leave to appeal to the High Court.
Template contracts
CCF (NSW) has developed template contracts, individual flexibility agreements, high income guarantees and modern award summaries which will assist members comply with the new Fair Work Act. Please contact Brian Duggan in the NSW office to discuss your requirements.