Rules keep changing for BSC management

Dateline: 26.03.2010
Author: Michael Parkinson

The rules keep changing on a number of critical management fronts including OH&S, superannuation and training. Attendees at the Building Service Contractors’ Association of NSW March members’ meeting were brought up-to-date on those changes by expert speakers.

Consultant Norine Cruse illustrated major changes to the OH&S Act in Australia by presenting a synopsis of court proceedings and a ruling by the Full Court of the High Court of Australia.

Cruse explained that previously NSW worked with the OHS Act which has required ‘absolute’ duty to ensure safety. Under these circumstances, Workcover NSW has found it easy to prosecute companies for a ‘series of unspecified failures’ against the Act, without having to say exactly what these failures were.

Quoting from the landmark case of ‘Kirk Group Holdings V Industrial Relations Commission, WorkCover Authority NSW’, Cruse noted that companies are no longer automatically deemed guilty and expected to defend themselves against and Act of Parliament as opposed to the actual event.

“For cleaning companies, these changes mean you are less likely to be litigated against by WorkCover NSW for workplace injuries. Furthermore the onus of ‘absolute’ obligation is no longer a reality and the concept of ‘reasonably practical’ is now recognised Australia wide,” Cruse emphasised.

Also explained were other fine points of the harmonisation of OH&S laws across Australia and the process and training issues that should be followed by cleaning contractors.

Other speakers at the BSCAA NSW March lunch included Lennox Institute’s Elaine Torode and AustralianSuper’s David Horscroft.

Torode observed that property and facility managers are demanding environmentally responsible practices. Her training company has responded with the user-friendly greenRclean training program

Horscroft drew attention to some significant changes to superannuation. He said superannuation was closely linked to a person’s remuneration package and for this reason Australian Super often works closely with payroll, HR and finance managers.

“Super can affect a wide range of issues. Australia’s population ageing at an additional one per month per year is generating large questions for the government and employers.”

Horscroft explained that the Government’s Harmer Review into ageing was the driver of the change to the retirement age change to 67, which is due to be phased in from 2017. This means people will continue to be at work until age 67 and will affect OH&S issues.

“The Cooper Review looks at the adequacy of superannuation; trustees, directors and education to see if they are sufficiently at ‘arms length’ from the funds. The Report is also in favour of all employers paying superannuation electronically instead of the current cumbersome manual method.

The Henry Report will also have some effect on superannuation, which is in reality a tax-effective scheme.

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Rules keep changing for BSC management