6 minute read
Workplace Consultation
WORKPLACE POLICIES A CONSULTATION PROCESS
NSW is enjoying a beautiful late spring as the COVID-19 lockdowns wind down towards the 15 December deadline, when all people may move freely, and workers will be back in the workplace. For the NSW Building and Construction Industry the end of the lockdowns could not come soon enough. The LGAs of concern and the endlessly complex Public Health Orders will hopefully be just a memory. Now we can get back to what we do best, building the great State of NSW. NSW was able to lead the way out of lockdown directly due to an uptake of the vaccines which far exceeded what was predicted. A few short months ago some experts were wringing their hands and hoping the State would reach 60% full vaccination, now we look set to hit the mark somewhere around the 94% mark, perhaps higher! Now the rush back to work is on, there is one issue that is coming into sharp focus which is this; not everyone chose to get vaccinated. This is leading to many difficult discussions in workplaces across the State. The question of vaccinated and unvaccinated workers working together and the effects on staff health and safety and business viability is arousing passions on all sides of the debate. The issue is a tricky one. When it comes to the workplace, the decision about whether to make COVID-19 vaccination mandatory in that workplace is a decision which will usually fall to the employer. Apart from a few occupations in NSW (e.g., aged care, airport workers etc.) vaccination is not a requirement mandated
by the law. When it comes to determining the question of vaccination against COVID-19 in the workplace, each employer must decide what their position will be on this question. One clear way an employer can set out expectations on this issue is to have a workplace policy concerning COVID-19 vaccination. Once the expectations around vaccination are clearly set out, employers are in a better position to deal with vaccination questions on a case-by-case basis as they arise. This will be of increasing importance after 15 December, so the time to act is now. Workplace policies are important as they have real effects and set out the expectations in a workplace. Workplace policies can be difficult to do properly. They are often put in place by an employer with little or no consultation with the staff and they can range in effect from simply being ignored, right up to termination of employment when employee’s fail to abide by them. MBA NSW experience in workplace policies has repeatedly shown that the best workplace policies are ones that follow a consultation process. In many cases Modern Awards require a consultation process be followed before introducing a major workplace change. The first step an employer should take when they are considering a policy concerning vaccination is to consult with the employees and gauge what the feeling is about COVID-19 vaccination in the workplace. The feedback MBA NSW has received on this question is that most employees are keen on vaccination and express concern about working with unvaccinated people. This is obviously more so when people have loved ones who are ill or elderly or they cannot be vaccinated for medical reasons. This is not a surprising reaction when we consider that over 90% of the State has chosen to vaccinate. Secondly, an employer needs to look at what work the business does to see if a policy is required and will be legally enforceable. For example, does the work involve a high level
of interaction with vulnerable people (e.g., construction workers in hospitals) or the general public, or will a positive COVID-19 case amongst the workforce mean that the entire business may be banned from certain sites? Such indicia may mean that a requirement for the workforce to be vaccinated may be held to be a lawful and reasonable requirement if tested. Employers should also consider their WHS The first step an employer should take when obligations to provide a they are considering a policy concerning safe workplace as far as is reasonably practical. Do vaccination is to consult with the employees... they have any staff who are medically unable to be vaccinated and may require extra protection? What will the business do about employees who refuse vaccination for non-medical reasons? What evidence of vaccination will be required? The questions can be complex. MBA NSW can discuss these questions with Members and assist in the production and implementation of workplace policies as required. Members with questions on this area should call the Industrial Relations Department on 02 8586 6355.
Heritage-listed Residential Building Heritage-listed Residential Building Raised, Re-aligned and Re-supported Raised, Re-aligned and Re-supported with Teretek®with Teretek®
The owner of a 3-storey, split-level block of units contacted The owner of a 3-storey, split-level block of units contacted Mainmark after detecting large cracks in the building’s Mainmark after detecting large cracks in the building’s internal and external walls. The cracks were visible in most internal and external walls. The cracks were visible in most walls and the floors were becoming noticeably uneven. walls and the floors were becoming noticeably uneven. The situation had deteriorated over several months with The situation had deteriorated over several months with significant cracking and unlevel floors indicating major significant cracking and unlevel floors indicating major structural issues due to severe differential settlement. structural issues due to severe differential settlement. A significant degree of building lift was required to raise A significant degree of building lift was required to raise the structure back to within 5mm of its original level. As the the structure back to within 5mm of its original level. As the building was on the State Heritage Register for Residential building was on the State Heritage Register for Residential Flat Buildings, Mainmark also needed to ensure that the Flat Buildings, Mainmark also needed to ensure that the building’s structural aesthetics were not significantly altered. building’s structural aesthetics were not significantly altered. Mainmark’s Teretek resin was injected into the soil beneath Mainmark’s Teretek resin was injected into the soil beneath the building’s foundations in a process like keyhole surgery, the building’s foundations in a process like keyhole surgery, with the solution strategically targeting the weakest points, with the solution strategically targeting the weakest points, allowing Mainmark to achieve its objective of raising the allowing Mainmark to achieve its objective of raising the building back to level. The successful lifting and building back to level. The successful lifting and re-levelling process also helped to reduce the large cracks re-levelling process also helped to reduce the large cracks in the walls, with many cracks narrowing to within a few in the walls, with many cracks narrowing to within a few millimetres. Interior repairs were then undertaken to restore millimetres. Interior repairs were then undertaken to restore the building’s former heritage aesthetic which included the building’s former heritage aesthetic which included structural stitching, rendering, and painting. structural stitching, rendering, and painting. Despite the project complexities, Mainmark successfully Despite the project complexities, Mainmark successfully completed the project in three days. Both the property’s completed the project in three days. Both the property’s owner, and the forensic engineer, Daniel Lee from owner, and the forensic engineer, Daniel Lee from Fairdinkum Technical Services, were really impressed with Fairdinkum Technical Services, were really impressed with Mainmark’s approach to the challenging project. Mainmark’s approach to the challenging project.
For an obligation free, For an obligation free, expert opinion contact us expert opinion contact us 1800 623 312 1800 623 312 www.mainmark.com www.mainmark.com
Mainmark Ground Engineering Pty Ltd Mainmark Ground Engineering Pty Ltd NSW Building Licence NO. 288848C NSW Building Licence NO. 288848C
