Welcome to the September edition of Occupational Health and Safety News, HopgoodGanim’s regular email bulletin on developments in OHS laws throughout Australia.

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A Victorian Magistrate has fined a packaging company a total of $100,000 for breaches of that State’s occupational health and safety legislation in relation to injuries to migrant workers.  The decision highlights the importance of ensuring all employees are trained in their OH&S obligations, irrespective of their visa status.

To read the full article, please click on the PDF.

The New South Wales Administrative Decisions Tribunal (ADT) has found that a 60-year-old, Macedonian-born employee was subject to indirect racial discrimination when he was demoted by his employer from a supervisory role on account of his low literacy skills.  

To read the article, please click on the PDF.

In a recent case before the South Australian Industrial Relations Court, an appeal by a labour hire company against an OHS fine was upheld on the basis that the company had less control over the work site compared to the host employer, such that the company should be considered less culpable for the worker's injury.

To read the full article, please click on the PDF.

The Australian Industrial Relations Commission recently upheld a decision by Coles to terminate an employee who was unable to perform the inherent requirements of his position.  Medical evidence was presented that demonstrated that the employee was unable to perform all the requirements of his position.  In reaching its decision, the AIRC found it important that Coles had followed a fair process in terminating the employee. 

To read the full article, please click on the PDF.