Alexandra Smith
State Politics
May 10, 2011
THE president of the NSW Industrial Relations Commission has accused the state government of holding one of the shortest consultation periods in ''recorded history'' to deliberately keep plans for new workplace safety laws a secret.
In a scathing letter to the Industrial Relations Minister, Greg Pearce, Justice Roger Boland said yesterday he was ''incredulous'' that Mr Pearce claimed he could not discuss the new laws with him because Justice Boland was on leave.
Last week the government introduced a bill to bring the state's workplace safety laws into line with national standards, which would include the commission no longer hearing occupational health and safety cases.
Justice Boland said he was only on leave for two weeks, as he had indicated to Mr Pearce in a letter last month, and he had provided the minister with phone numbers should Mr Pearce wish to contact him in that period.
''In any event, a brief inquiry with the office of Industrial Relations would have revealed that the Industrial Relations Act 1996 provides that in my absence the vice-president will be acting president,'' the letter said.
Justice Boland said the commission's vice-president did not receive any communication from Mr Pearce.
''I am afraid that I am left to conclude that you had no intention of meeting with me or consulting with this institution regarding the changes to the OH&S laws and, in particular, the transfer of the jurisdiction,'' Justice Boland wrote. ''I am simply puzzled as to why you saw the need for such secrecy.''
Yesterday the Greens MP David Shoebridge said Mr Pearce told Parliament that he had consulted the chief judge of the District Court and the chief justice of the Supreme Court but no representative of the commission.
'It is now clear that this government never intended to consult with the [commission] before gutting its jurisdiction,'' Mr Shoebridge said.
''This looks like the first step by the government in killing off the Industrial Relations Commission and
ending a separate state industrial system.
''Nurses, firefighters, public servants and local government workers should be very concerned at this development.''
Read more: http://www.smh.com.au/nsw/workplace-adjudicator-puzzled-over-secrecy-20110509-1efvm.html#ixzz1M1JCm0VL
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