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Tag: Statutory Duties

  • The judicial pivot on injury valuation—the multi-jurisdictional penalty multiplier

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    Drew McGiffert
    770 words
    3–5 minutes

    For multi-state operators and corporate insurers, predicting financial exposure following a workplace fatality has historically been handled by localising risk based on state borders. If an incident occurred in Queensland, safety executives reviewed historical Queensland judgments to forecast the likely statutory penalty. This approach assumed that regional legal trends would insulate a business from the…

  • Anti-bullying jurisdictional climax: The FWC issues interpersonal exclusion orders

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    Drew McGiffert
    771 words
    3–5 minutes

    Since the Fair Work Commission (FWC) assumed its anti-bullying jurisdiction on 1 January 2014, safety professionals have closely monitored its rulings to understand the boundaries of its powers. In a landmark development, the tribunal reached a major enforcement milestone, issuing its first comprehensive set of substantive anti-bullying orders to resolve a bitter, long-running industrial relations…

  • The Fallacy of Cumulative General Policies

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    Drew McGiffert
    668 words
    3–4 minutes

    In late 2014, the Full Bench of the Fair Work Commission (FWC) delivered a critical unfair dismissal appellate ruling that reinforced the strength of strict corporate drug and alcohol frameworks. The commission overturned a previous lower ruling and upheld the summary dismissal of a senior employee who had tested positive for illicit substances following a…

  • The Fragmentation of Harmonisation: Safe Work Australia Dumps Nine Codes of Practice

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    Drew McGiffert
    494 words
    2–3 minutes

    The core objective of the national WHS harmonisation project was to create a single, predictable regulatory environment for multi-state employers. Central to this strategy was the roll-out of uniform model Codes of Practice. However, in July 2014, Safe Work Australia (SWA) executed a significant policy shift that highlights the deep political and operational friction still…

  • The High Court Kirk Precedent Sweeps Into Queensland

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    Drew McGiffert
    493 words
    2–3 minutes

    For years, safety prosecutions in Queensland operated under a reverse-onus framework that heavily favored the regulator. If an incident occurred, Workplace Health and Safety Queensland inspectors would issue broad, generalized complaints, leaving the employer with the monumental task of proving they had taken all reasonable precautions. That era of regulatory convenience ended abruptly in the…

  • Efficient Safety Structuring: Holiday Post

    Efficient Safety Structuring: Holiday Post

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    Drew McGiffert
    572 words
    2–4 minutes

    In my last post I introduced the multinational retailer Primark, who operates 198 stores in UK/Ireland and a further 58 through Europe. From a safety perspective the size and speed of Primark’s operation intrigues me and whilst in the UK I will be visiting a range of Primark stores to better understand how they keep…

  • Retailing in the UK: Holiday Post

    Retailing in the UK: Holiday Post

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    Drew McGiffert
    378 words
    2–3 minutes

    Over the next few weeks I am hoping to explore the UK shopping environment in detail and better understand how these dynamic fast paced retailers keep their team members and customers safe. Health and Safety legislation between the UK and Australia is not all that different, with Australia’s first OHS Legislation based off the Roben’s…

  • The Insurance Loophole That Undermined Personal Deterrence

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    Drew McGiffert
    1,195 words
    5–8 minutes

    The primary objective of a work health and safety prosecution is deterrence. Penalties are legally designed to punish offenders and signal to industry that non-compliance carries severe consequences. South Australian prosecution of Hillman v Ferro Con (SA) Pty Ltd (in liquidation) and Anor [2013] SAIRC 22 has exposed an ethical and legal controversy that completely…

  • McDonalds latest to provide domestic violence leave to workers

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    Drew McGiffert
    180 words
    1–2 minutes

    McDonald’s Australia’s updated enterprise agreement was certified by the Fair Work Commission this week. The new agreement supports employees who are dealing with domestic violence, allowing employees to access ‘unpaid domestic violence leave’ and flexible working arrangements.

  • The Cost of Confusing Safety Compliance with Insubordination

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    Drew McGiffert
    774 words
    3–5 minutes

    The line between corporate safety rhetoric and operational reality is often razor-thin. When a business champions a zero-tolerance approach to unsafe practices it must back its words when staff take them literally. A recent federal decision, Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Visy Packaging Pty Ltd (No 3) [2013] FCA 525,…