The Commission’s functions in respect of WHS matters apply to any worker and workplace in NSW.
These functions include the determination of work health and safety disputes, 3 such as disputes relating to work group determinations, cessation of work and health and safety committee matters.
They also extend to external review of certain decisions made by the WHS regulator, including a decision to issue an improvement notice, prohibition notice, non-disturbance notice or prohibited asbestos notice. 4
The Commission is responsible for issuing WHS entry permits under the Work Health and Safety Act 2011 (NSW) (WHS Act). 5
The Commission can hear claims made by an injured worker, or their union on their behalf, for reinstatement where the worker was dismissed because they were not fit for employment as a result of their injury and their employer has refused to reinstate them despite the worker providing the employer with a medical certificate certifying that the worker is fit for the employment they are applying for. 6
The Commission will soon be given jurisdiction to determine whether, in a disputed workers compensation claim involving a psychological injury, the conduct in question amounted to bullying, excessive work demands, racial harassment or sexual harassment. Such a determination will be necessary before a disputed claim can proceed to determination by the Personal Injury Commission.
The Commission can hear bullying claims made by workers, as defined under the WHS Act,7 including contractors and subcontractors, outworkers, apprentices, volunteers, students on placement and police officers, but excluding workers who can access the Fair Work Commission’s (FWC’s) bullying jurisdiction.8
Similarly, the Commission can hear sexual harassment claims made by workers or prospective workers, as defined under the WHS Act, including: contractors, apprentices, volunteers, students on placement and police officers, but excluding national system employees; and persons conducting a business or undertaking but excluding national system employees.9
The Commission resolves disputes and sets conditions that apply to the transport industry. This includes making industry-wide contract determinations and approving contract agreements which set conditions for owner-drivers and determining compensation for the termination of certain contracts of carriage.10
The Commission resolves disputes that arise between a performer and an entertainment industry representative or entertainment industry hirer, the performer, or an industrial organisation acting on behalf of a performer. 11
The Commission’s functions in respect of these industry-specific applications are not limited to public sector and local government workers.
3 Work Health and Safety Act 2011 (NSW) Pt 5, Div 7A.; 4 Work Health and Safety Act 2011 (NSW) s 229.; 5 Work Health and Safety Act 2011 (NSW) s 134.; 6 Workers Compensation Act 1987 (NSW) Pt 8.; 7 Section 7.; 8 Industrial Relations Act 1996 (NSW) Ch 3A, Pt 1.; 9 Industrial Relations Act 1996 (NSW) Ch 3A, Pt 2.; 10 Industrial Relations Act 1996 (NSW) Ch 6.; 11 Entertainment Industry Act 2013 (NSW) s 20.
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