Comcare is a national system of occupational health and safety and workers compensation laws and was originally established to cover public sector employees.

Last year, the Federal Government forced through legislation that opens up Comcare to private sector big businesses.

Big businesses that are successful in obtaining a license to self-insure under Comcare also pick up Commonwealth OHS legislation. In the last 12 months the Federal Government has continued to strip workers health and safety rights from these Commonwealth OHS laws.

Employees under the Comcare system will no longer have the protections of state and territory OHS and workers compensation law.

Click here to find out more about these changes.

Which Companies have sought to enter the Comcare system?

·        Finance: National Australia Bank (NAB) * Click here to find out more about
·        what's happening with NAB's Comcare plans.
·        Construction: John Holland
·        Communications: Optus
·        Transport: Linfox, K&S Freighters
·        *Chubb: Security, cash handling
(Chubb declared eligible January, 2007 to apply for a Comcare self-insurance license)

Once these companies are operating in the Comcare system, the number of workers will increase from 286,000 to over 330,000.

Why has this happened?

Large Companies have joined forces with the Federal Government to create a national system that suits the needs of big business.

As more Companies from various industries seek to self-insure under Comcare, pressure will be applied to reshape Comcare's workers' compensation system to save on costs. The Federal Government has already agreed that journey and recess claims should be removed from the Comcare scheme.

This will mean that workers in the Comcare scheme will no longer be covered by workers compensation for journey or recess claims (on a break from work), unless the employer has authorised the activity. These changes were made law 27 March, 2007.

The Federal Government has indicated that the changes made to the Safety, Rehabilitation and Compensation Act 1988 will produce savings to the Comcare system.

The removal of "journey injury" and "tightening the employment contribution test for disease", alone, is expected to save an estimated $1.8 million dollars for Comcare self-insurers.

How does a Company enter the Comcare System?

Firstly, a company must first be declared eligible to be granted a license by the Federal Minister for Employment and Workplace Relations. Mr Joe Hockey is the current relevant Minister responsible for the granting of such licenses.

(Any private business that is deemed to be in competition with the Commonwealth or former Commonwealth Agency is eligible to apply for a Comcare self-insurers license).

In addition to the companies that have already sought to enter the Comcare system, other potential industries identified recently in industry seminars that could be affected include:

·        Other finance companies besides banks
·        Printing & distribution
·        Retail
·        Transport -air, road, rail & shipping
·        Waste removal
·        Drug production and sales
·        Forest products
·        Computer software and data transfer and storage
·        Weapons systems and aircraft design and construction
·        Recruitment and labor hire
·        Coal mining

Secondly, if the Minister declares the Company eligible, the Company then makes application for a license to the Commonwealth's Safety Rehabilitation Compensation Commission, (SRCC). The Commission holds a meeting to decide whether the license should be granted. In determining to grant a license the SRCC considers, among other criteria, whether the Company has the financial capacity to be able to manage their own claims and whether their employees' interests will be adversely affected if the license is granted.

Currently, there are no public hearings to ensure that transparency and fairness occurs when assessing the employee interest test.

What is Comcare's Safety Inspectorate capacity?

Currently, Comcare has only 31 Inspectors, compared to hundreds of Inspectors employed by WorkCover Authorities in other jurisdictions.

What is Comcare's recent enforcement record?

The following Table identifies Comcare's enforcement activity compared to State and Territory WorkCover Authorities for the period *2004-2005.

What Union Right of Entry and OHS Consultation processes apply under Comcare?

There is no Union Right of Entry under the Commonwealth OHS legislation. Consultation processes are dealt with under Health and Safety Management Arrangements (HSMA's). HSMA's are developed by employers in consultation with their employees.

In NSW, Qld and Victoria, Unions have right of entry on occupational health and safety grounds. In NSW, Unions may prosecute employers who have failed to provide their employees with a safe and healthy workplace. In the State and Territory jurisdictions, the law recognises that Unions may assist workers regarding the establishment of OHS consultative practices and to represent workers' interests in this process.

Click here to read more about the 2006 amendments to the OHS (CE) Act 2006.

What other changes are proposed to the Comcare system?

The OH&S (CE) Amendment (Promoting Safer Workplaces) Bill 2005 proposes to exclude industrial manslaughter laws in the Commonwealth OHS jurisdiction. The Bill is currently before Federal Parliament.

The Federal Government's Department of Employment and Workplace Relations (DEWR) has conducted a review of the Commonwealth OHS Act, 1991. In this Review the Department raises a number of questions on whether certain rights/protections for employees performing the role of Health and Safety Representative (HSR) should be removed, including, but not limited to:

·        Should the Act be amended to provide greater clarity around paid time off for 
·        HSR's, if the employee would otherwise not have been at work?

·        Should employers be allowed to seek compensation against HSR's for damages
·        /loss caused by the HSR or flowing from HSR's action that may provide a basis 
·        for disqualification of the HSR?

·        Should the Act be amended to provide for situations where HSR's have 
·        unreasonably directed an employee to cease work?

·        Should Provisional Improvement Notice (PIN) powers be removed from HSR's?

·        Should it be mandatory for a written report to be produced for every 
·        investigation or could other means be adopted at the discretion of Comcare?

FSU will keep members posted when DEWR's report is handed down.
For more information click here


What can members do if you hear your Employer is going to Comcare?

Recently, some employers have announced an intention to seek to enter the Comcare scheme at short notice. This has reduced the workplace safety rights and entitlements of workers.

Any company proposing to move to the Comcare system has an obligation to properly consult with employees and ensure that any move would not be adverse to your interests. To assist members determine whether your interests would be adversely affected, the Company should provide you with a detailed comparison of the main differences in conditions between the state and territory systems and schemes compared to Comcare.

FSU can assist you and your employee OHS Representatives campaign to protect your health and safety conditions at work.

If your employer proposes either by letter, through the OHS Committee or through other meeting processes with employees to move to Comcare, contact the FSU immediately on 1300 366 378.

For more information contact: Debra Hannan or Cath Noye