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[2001] NSWIRComm 331
Industrial Relations Commission (NSW)
2001-07-01
Walton J, Grayson DP, Mr J
Original judgment source is linked above.
220 The parties are directed to confer as to the appropriate method of implementing this decision. We direct the Association to file and serve short minutes of order reflecting this decision by 25 January 2002. The matter will be listed before the Full Bench at 2.00pm on Monday 4 February 2002 to settle those minutes and finalise the orders of the Full Bench.
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172 This Commission, and it predecessors, have long had regard to considerations of health and safety when setting terms and conditions of employment for workers. In Re Government Railways and Tramways (Construction) Award [1926] AR 92 at 94, Commissioner Piddington stated: The principle to be followed in all cases by the Commission is not that unhealthy conditions be allowed to continue and a palliative sought in reduced hours, or a solatium in increased wages, but that the organised service of medical and engineering knowledge ought to be employed to abolish, as far as possible, the unhealthiness of the conditions.
173 In Re Cold Storage and Ice Employees (Cumberland) Award [1940] AR 191, the Full Commission expressed the view that, in making awards, the effect of the terms and conditions of work on the health of employees was a paramount consideration. The Full Commission stated (at 196): We take the view that, while the company should be encouraged to introduce new methods which are calculated to improve the quality of the product and increase the efficiency of the plant, every precaution should be taken that the health and well-being of the employees are safeguarded. Progress in industrial efficiency should not be discouraged, but when such progress might only be attained by causing some harm to the employees concerned in the industry, then the paramount consideration is the welfare of the employees.
175 In Re Glass Makers (Australian Window Glass Proprietary Ltd) Award (No 2) [1939] AR 164, for example, Ferguson J considered an application for the variation of an award in consideration of injury to the health of employees which might have arisen as a result of exposure to dust. In the circumstances of the case, his Honour concluded (at 177): In any event, I am of the opinion that the increase of rates of pay is not a proper method of dealing with a health hazard if such be found to exist. The proper remedy for such, if established, seems to me to be either reduction of hours or extension of annual leave, or both, or, best of all, the minimising or removal of the cause of danger of ill-health.
(1993) 52 IR 243
(2000) 100 IR 447
(2001) 104 IR 168
(2001) 104 IR 438
(1991) 36 IR 362
(1996) 95 IR 126
(1987) 163 CLR 117
(1996) 85 IR 158