Victorian OHS court ruling

Federal entry permits will now need to be held by union officials who are providing occupational health and safety (OHS) assistance to health and safety representatives (HSR) in Victorian workplaces.

WorkSafe Victoria has expressed disappointment over the decision, made by the Federal Court on 2 June.

The decision was handed down in the matter of Australian Building and Construction Commissioner v Powell, which was an appeal of a decision initially made by His Honour Justice Bromberg.

Victoria’s HSRs play a significant role in keeping workplaces safe, and the power they have to seek advice from external safety experts is an important tool in their prevention armoury.

WorkSafe believes the decision has a serious impact on this critical element of the Victorian OHS system.

WorkSafe strongly supports HSRs being able to call on any person with sufficient health and safety knowledge to assist them to resolve OHS risks in the workplace, and continues to maintain that the safety of workers in Victorian workplaces is paramount and should not be constrained.

WorkSafe is considering its options in relation to the Court’s decision.