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**NEW** Safe Work Australia Meeting 5 communique

The Safe Work Australia Members met today in Canberra following the 5th Annual Safe Work Australia Awards ceremony held at Parliament House on 28 April. Members thanked Safe Work Australia staff for organising the highly successful Awards which focused on individual and organisational achievement in work health and safety. Please click on the below link to read more about the meeting communique.

Safe Work Australia meeting 5 communique

**NEW** Update on Mobile Crane Hiring Award 2010

Regarding the outcome of the wage rate issue concerning a discrepancy between the hourly and weekly rates of pay in the Mobile Crane Hiring Award 2010.

Ai Group ultimately made submissions to FWA in relation to this issue, to have the rates rectified by amending the hourly rates so as to reflect the weekly rate divided by 38 (as opposed to resolving the discrepancy by increasing the weekly rates by multiplying the hourly rates by 38). We sought to have this change made as part of the overall residual variations to the modern award, rather than make a separate formal application for variation.

I can now confirm that on 31 March a decision was handed down (and revised version of the award released) that includes rates of pay that have been amended in the manner outlined in our submission. A link to the updated award follows: http://www.airc.gov.au/awardmod/awards/MA000032.pdf

* Regulatory Impact Statement for proposed revisions

The Regulatory Impact Statement (RIS) for the Proposed Revisions to the National OHS Framework for the Control of Workplace Hazardous Substances and Dangerous Goods released by Safe Work Australia is now available. This document can be accessed on the Safe Work Australia website by clicking here.

* Photo's from Meet CICA CEO Allan Marshall on 14 August 2009

2009 Crane Committee & Alan Marshall

* Con Popov Memorial Award

As has occurred in previous years, CICA is once again requesting nominations for the Con Popov Memorial Award. The award is to be bestowed on a person who is considered to have made an outstanding contribution to the crane industry over a considerable period of time.

Previous Con Popov Memorial Award recipients are as follows:

* 1998 Robert Way

* 1999 Bob Parker

* 2000 Allan McPherson

* 2001 Brian Hain

* 2002 John Gillespie

* 2003 Jeff Brundell

* 2006 Hugh Morris

* 2008 Kevin Wheeler

A presentation will be made at the 2009 Annual Conference in Canberra at the end of September. Nominations must be submitted in writing to the CICA office by COB Tuesday 30th June, 2009. A brief letter outlining the contributions and reasons why the person being nominated should be considered for this prestigious award. Please note that CICA reserves the right to make the final selection of nominees for ballot. CICA looks forward to receiving your contributions.

Hurry nominations close 30 June 2009.

For more information please click here.

**NEW**Changes to AQIS Documentation Requirements - Sea Freight Imports to Australia

We have recently added the following update to our homepage www.rohlig.com

Changes to AQIS Documentation Requirements - Sea Freight Imports to Australia

Please be advsised that Australian Quarantine and Inspection Service (AQIS) have announced new documentary requirements for the clearance of imported sea freight cargo.

The proposed implementation date for the new policies is 1 August 2009. Please notify your supplier/agent immediately. Kindly find the link to this update by clicking here.

**NEW**FEM warns on EN13000

May 8, 2009 - The Fédération Européenne de la manutention (FEM) Cranes and Lifting product group has warned crane manufacturers that the amended EN13000 standard is likely to come into force by mid 2010 and that they ought to get on and modify Rated Capacity Limiters to comply with the new rules. The exact wording says: "If a mobile crane manufacturer is still neglecting the ongoing development of EN13000 (safety standard for mobile cranes in Europe) despite the information already given by FEM, it is now high time to wake up and to adapt the Rated Capacity Limiter to the foreseeable changes." "The amendment of EN 13000:2004 is planned to be distributed for enquiry from June to November 2009, with the publication of the modified document expected between 18th of February 2010 to 18th of May 2010 and that there will be no transition period." As a result the amended rules are highly likely to come into force next June with the design changes required to be in place at that time. The standard will apply to all mobile cranes going into operation in the European market. It also adds that most European manufacturers within FEM plan to implement the changes by the 1st of January 2010. The key changes to the existing standard include:

- The Capacity Limiter override key must be located outside of the operator's cab.

- Deadlocks can be overcome by a push button in the operator's cab releasing some further load capacity at reduced operational speeds.

- When the override key is activated, the speed of movements is reduced.

- All activation of the override key is recorded by a data logger.

Regards,

Jeff Brundell - National CraneSafe Co-ordinator 0407640900

**NEW** Go-ahead for national work safety laws - Ben Schneiders (19 May 2009)

AUSTRALIA will move to a national system of workplace safety laws after state and territory governments agreed yesterday to harmonise their laws in a move designed to reduce business red tape. But unions criticised the changes, with ACTU secretary Jeff Lawrence saying they would "significantly undermine protections" for many workers. "It's unacceptable that health and safety standards would go backwards." Standards would not improve, Mr Lawrence said, without unions being able to prosecute for breaches of health and safety laws. "We are also concerned that some of the rights and powers of union representatives and health and safety officials will be reduced under the recommendations." Mr Lawrence said the Council of Australian Governments had provided a "clear commitment" that through national laws, standards would be improved.

Victorian Trades Hall Council secretary Brian Boyd said unions had wanted from a Labor government the "best possible legislation", and that was not guaranteed. The changes do not endorse key elements of the pro-employee NSW laws, which have been strongly criticised by business. The Victorian Government said the proposals closely followed its own system.

Last night, relevant ministers released a communique which said the changes would "address the disparate and inconsistent OHS laws across jurisdictions". Finance Minister Tim Holding said the changes backed the Victorian model of occupational health and safety laws. "This is a resounding endorsement of Victoria's OHS laws, which will provide the building blocks for the new national scheme," he said. "The increased certainty of a national scheme based on the Victorian model is a win for businesses and employees, and will ensure that there is no reduction in safety standards for Victorian workers."

Australian Industry Group chief executive Heather Ridout largely welcomed the changes, in particular that an employer accused in a safety case is innocent until proven guilty - a move criticised by unions. The reverse applies in NSW. "Safety is too important to have the rules rewritten in every state. It makes compliance a costly and diverting nightmare," she said. "While business will continue to have difficulties with some of the recommendations, we need to move forward on this, and the sooner we see the draft legislation to create a national OHS system, the better." Ms Ridout said the decision "finally paves the way" for a genuinely national workplace safety system.

A Victorian Employers Chamber of Commerce and Industry spokesman said the group was "looking closely at the proposals". "We'd be heartened if the proposals were closer to the Victorian model than other state models." Safe Work Australia Council will develop the proposed new laws to be introduced in parliaments throughout Australia.

**NEW** COMMUNIQUÉ FROM AUSTRALIAN, STATE, TERRITORY AND NEW ZEALAND WORKPLACE RELATIONS MINISTERS' COUNCIL (18 May 2009)

Today's 81st meeting of the Workplace Relations Ministers' Council (WRMC) held by teleconference marks an historic moment in the history of occupational health and safety (OHS) legislation in Australia. Eighteen months after WRMC commenced this process, the Council has today agreed to a framework for uniform OHS laws which will address the disparate and inconsistent OHS laws across jurisdictions.

Overall, the provisions that will be included in the model OHS Act will lead to enhanced safety protections for Australian employees and greater certainty for employers. WRMC considered and responded to the recommendations of the National Review into Model OHS Laws (the Review) and in so doing, decided on the optimal structure and content of a model OHS Act to be adopted by the Commonwealth, state and territory governments.

The model OHS Act will include enhanced duty of care provisions so that all persons who conduct a business or undertaking will owe a duty of care to all workers and other persons. This will ensure that OHS legislation applies to all hazards and risks arising from the conduct of work. The model OHS Act will maintain that breaches of duties of care are criminal offences to reflect the seriousness of non-compliance with a duty of care and will provide for significant penalties in OHS legislation. The model OHS Act will recognise the importance of consultation in securing safe workplaces and provide for consultation obligations on the person conducting the business or undertaking. The model OHS Act will provide protections from discrimination, victimisation and coercion over OHS matters which will go beyond what is currently available through anti-discrimination and other laws.

Decisions were made in accordance with the historic Inter-Governmental Agreement for OHS Reform. The Inter-Governmental Agreement expresses the commitment of all governments to work together to harmonise OHS legislation, including through agreed procedural and voting arrangements for WRMC. These provide that decisions on the Review recommendations can be carried by a two thirds majority of members.

All jurisdictions participated in the voting process where this was necessary. WRMC agreed that the focus of OHS harmonisation is on achieving the best possible approach to health and safety for all Australian workers. WRMC agreed to a balanced and inter-related package of measures that will lead to enhanced safety protections for all Australian workers and greater certainty and protections for all workplace parties. WRMC acknowledged that each jurisdiction will face changes in current OHS arrangements in order to achieve the goal of uniform OHS laws. WRMC has provided detailed instructions to the Safe Work Australia Council to enable commencement of drafting of the model OHS laws in accordance with the decisions made today. The WRMC's response to the Review recommendations are released with this communiqué and will also be placed on the Safe Work Australia website at www.safeworkaustralia.gov.au.

Today the Commonwealth agreed with the WRMC that the issue of OHS coverage of self insurers under the Comcare scheme needs to be addressed as part of OHS harmonisation and further agreed this would be a matter for consideration at the next meeting. WRMC agreed to convene the next meeting of the Council in June.

Attendees included:

* Deputy Prime Minister the Hon Julia Gillard MP, Minister for Employment and Workplace Relations (Cth)

* The Hon Joseph Tripodi MP, Minister for Finance (NSW)

* The Hon Tim Holding MP, Minister for WorkCover (VIC)

* The Hon Cameron Dick MP, Minister for Industrial Relations (QLD)

* The Hon Paul Caica MP, Minister for Industrial Relations (SA)

* The Hon Troy Buswell MLA, Minister for Commerce (WA)

* The Hon Lisa Singh MP, Minister for Workplace Relations (TAS)

* Ms Liesl Centenera, proxy for Mr John Hargreaves MLA, Minister for Industrial Relations (ACT)

* Ms Laurene Hull, proxy for the Hon Robert Knight MLA, Minister for Public Employment (NT)

Apologies:

* Mr John Hargreaves MLA, Minister for Industrial Relations (ACT)

* The Hon Robert Knight MLA, Minister for Public Employment (NT)

* The Hon John Hatzistergos MLC, Minister for Industrial Relations (NSW)

* The Hon Martin Pakula MP, Minister for Industrial Relations (VIC)

* The Hon Kate Wilkinson MP, Minister of Labour (NZ)

**NEW** Fair Work Briefing Sheet

The Fair Work Bill has now passed through all of the required processes to become law and will become operational from 1 July 2009. This bill will replace the existing Workplace Relations Act which has been used in various forms since 1996. To read more click on the links below.

Fair Work Briefing Sheet 1

Fair Work Briefing Sheet 2

Fair Work Briefing Sheet 3

Fair Work Briefing Sheet 4

**NEW** Award Modernisation - Mobile Crane Hiring Industry

The Commission this morning handed down its Decision and Modern Awards for Stage 2 of the award modernisation process.

We are extremely pleased to be able to advise that the Commission has decided to make a stand-alone modern award for the mobile crane hiring industry - the Mobile Crane Hiring Award 2010 - which substantially reflects the award proposed by the parties.

We attach for your reference links to:

* a copy of the Mobile Crane Hiring Award 2010: http://www.airc.gov.au/awardmod/awards/mobile_crane.pdf

* the accompanying Decision of the AIRC (see in particular pages 30 - 31): http://www.airc.gov.au/awardmod/databases/general/decisions/2009aircfb345.doc

You will note that the Commission has adopted the AiGroup/CICA classification structure. In this respect, we draw your attention to the following paragraph of the Commission's Decision:

[118] The CFMEU and AiGroup/CICA propose slightly different structures in relation to the groupings of employee functions and minimum rates. In relation to the groupings the major differences arise in respect of the level at which slew crane operators are placed and the splitting by the AiGroup/CICA of the rigger function into three levels based on the licenses required. We have adopted the position of the AiGroup/CICA in both respects. Their proposal in relation to slew crane operators better reflects the current award groupings and minimum wage levels. The recognition of licence requirements for riggers results in a more rational structure.

In addition and consistent with the arguments put forward in our submissions, the Commission has excluded a number of allowances that currently apply in one state only, and has simplified the existing award provisions with respect to payment of wages. This is a fantastic outcome for the industry, and we thank you all for the time and resources that were dedicated to the process to make such a result possible.

Kind regards Leanne Leanne Davies Adviser - Workplace Relations Australian Industry Group Phone: 02 9466 5535

**NEW** Australian Crane Hire wins stand alone terms

The Crane Industry Council of Australia (CICA) has succeeded in convincing the Australian Industrial Relations Commission (AIRC) of the importance of continuing a separate stand-alone award for the mobile crane hiring sector.

John Gillespie, CICA President said: "CICA recognised this as a huge issue for members, so we did our homework and stood up to be counted. Importantly we engaged the Australian Industry Group (AiG) who had the industrial relations expertise and resources to put the industry's case while harnessing the input of the CICA board and key members. I was most pleased to work with the AiG team and would like to highlight the outstanding contributions made by CICA board members Albert Smith and Craig Meldrum," added Gillespie. "We were quietly confident that the team had compiled a strong case on behalf of members and the wider industry," said Alan Marshall - CICA chief executive officer. "We also had the in principle support of the CFMEU. However we were mindful that it was still a 'big ask' for the AIRC to recognise our concerns, when award rationalisation has been such a strong Government objective."

Following the AIRC's decision a new modern award will be established called the Mobile Crane Hiring Award 2010, which adopts the AiG / CICA classification structure - The AIRC's decision states: "The CFMEU and the AiGroup / CICA propose slightly different structures in relation to the groupings of employee functions and minimum rates. …. We have adopted the position of the AiGroup / CICA in both respects. Their proposal in relation to slew crane operators better reflects the current award groupings and minimum wage levels. The recognition of licence requirements for riggers results in a more rational structure."

Vertikal Comment The benefit of maintaining a crane hire award is that the industry is not lumped in with a related but unconnected industry, such as Construction with structures, grades, rates and terms that could be wholly unsuited to the challenges of running a competitive crane rental business. At the same time a national standard lays down common minimum terms of pay and conditions creating, if not a level playing field and least a level foundation for the industry.

CICA Media Release

Downloadable word document

Mobile Crane Hiring Award

* CICA: Standards Australia Draft for Comment - DR AS 1418.5 (Rev)

The draft AS1418.5 Mobile crane standard is now available for public comment.

This standard will be of most interest to manufacturers and importers of mobile cranes. Some notable items of interest would be changes made to following sections of the Standard:

1. Section 6 Factors of Safety for Ropes

2. Section 7 Requirement for Lateral Slope Indicators

3. Requirement of Rated capacity limiters for cranes >1 tonne capacity

4. Section 11 Stability testing

Members are invited to submit comments before the closing date. It will also be beneficial if there is any concern with the draft that a submission is submitted from VCA and CICA. A free copy of the draft can be downloaded from www.standards.org.au. Please ensure that you select the 'Drafts for Public Comment' tab. Alternatively, you can send any comments directly to Alan Marshall from CICA on admin@cranesafe.com.au and he will pass them on to the CICA / VCA Committees.

 

* National Review into Model OHS Laws

In accordance with clause 13 of the terms of reference for the National Review into Model Occupational Health and Safety (OHS) Laws, we submit to you, in your capacity as the Chair of the Workplace Relations Ministers’ Council, our second report containing findings and recommendations on the optimal content of a model OHS Act in the following areas:

• scope and coverage, including definitions;

• workplace-based consultation, participation and representation provisions, including the appointment, powers and functions of health and safety representatives and/or committees;

• enforcement and compliance, including the role and powers of OHS inspectors, and the application of enforcement tools including codes of practice;

• regulation-making powers and administrative processes, including mechanisms for improving cross-jurisdictional cooperation and dispute resolution;

• permits and licensing arrangements for those engaged in high risk work and the use of certain plant and hazardous substances;

• the role of OHS regulatory agencies in providing education, advice and assistance to duty holders; and

• other matters the review panel has identified as being important to health and safety that should be addressed in a model OHS Act.

Together, our two reports (the first of which was submitted on 31 October 2008) discuss and make recommendations for the optimal structure and content of a model OHS Act.

To view the full report please click here.

 

* PRELIMINARY PUBLIC COMMENT PERIOD FOR PLANT REGULATION NOW OPEN

The Australian Safety and Compensation Council (ASCC) today announced a three month public comment period is open for a discussion paper on Safety Requirements for the Design, Manufacture and Conformity Assessment of Plant. The discussion paper proposes strategies to address current issues associated with the design and manufacture of plant. ASCC Chairman, Mr Bill Scales AO, said: "The public comment period provides interested parties with an opportunity to have their say on this important occupational health and safety issue".

To read more click here

To download the documents for your submission please click on the following links:

* Discussion paper

* Editorial

* Essential Safety Outcomes

* Public Comment Submission Cover Sheet

* Public Submission Cover Sheet

* Public Submission Template

 

* SMALL BUSINESS AND GENERAL BUSINESS TAX BREAK - To support jobs and Australian Businesses - especially small business - the Government will fund an investment tax break for all Australian businesses.

To read more about this tax break click here

 

* The 2009 CICA Conference/Trade Show (incl. the Crane Display/AGM/Industry Forum), will be held at the National Convention Centre in Canberra, ACT on 30/9/09 - 2/10/09 (Wed-Frid). Mark these dates in your diary/calendar! (While these dates were not our first choice, it has been necessary to adjust them to fit in with the available dates to secure the 'best' venue in Canberra, while avoiding any direct clash with sporting events such as the AFL and NFL grand finals.) A 2009 Conference Committee (Small Working Group) in liaison with CIA NSW (state hosts) will be set up shortly and of course Members can expect further details via the CICA Newsletters and Website as we progress the 2009 event over the next few months.

 

* News Alert from Transport Certification Australia

* 2008 Bauma China International Trade Fair

* Freeway access for cranes (24 May 2008)

* Crane Assessment Program (15 April 2008)

CraneSafe Western Australia Preamble

* New Arrangements for heavy vehicles (25 March 2008)