Agreement between the federal and state governments on a framework for standard national occupational health and safety laws was reached this week.

The Workplace Relations Ministers’ Council met on Monday and agreed to a framework, which is largely based on the current Victorian standard of OHS laws.

Only the Liberal Government of Western Australia has held out on agreeing to the framework.

In NSW, unions will lose the right to prosecute employers for safety breaches. Unions are still campaigning to extend this right in the final set of laws to be finalised later this year.

The AMWU had been concerned that many other rights would be lost under the changes, when a draft earlier this year appeared to drag standards back to the lowest common denominator of the states’ systems, but most of the negative outcomes have now been removed from the plan, following union lobbying.

AMWU National Secretary Dave Oliver said that a framework covering all Australian workers could be beneficial, but we should be extending workers’ rights not dragging them back.

The framework currently maintains the right for elected health and safety representatives in all states to have access to training and training leave paid for by the employer.

Once trained, health and safety representatives would also have the power to order unsafe work to stop in the case of an immediate threat, and the right to issue provisional improvement notices.

Mr Oliver welcomed the removal of some worrying recommendations from the National Review in the model laws.

The framework also supports existing requirements for employers to consult with employees and health and safety reps, despite an ‘expert’ review panel recommending employers have discretion over whether these meetings happened at all.

The model laws include the following provisions:

•    Individual workers able to cease work if work is immediately unsafe (on reasonable grounds)
•    Union right of entry to enquire into a suspected breach of the law or regulations
•    Health and Safety Committees must consist of workers.
•    A better definition of employer to address varied employment arrangements

The AMWU is also proposing that employers be required, where an issue goes to court, to demonstrate that all practicable measures had been taken to prevent an accident or illness.

Mr Oliver said the union would fight to improve the model laws and the refusal of Western Australia to sign up must be addressed.