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This paper deals with the governance, organisational workplace law implications surrounding the use of contractors who have become common place as a result of a lazy operational management syndrome to avoid headcount disclosure and manage workplace size fluctuation.
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SIA Queensland Conference 2011SIA Queensland Conference 2011
Presentation by Andrew DouglasPresentation by Andrew Douglas
Relevant stat’s
• 7 day week work:– 10% independent contractors– 4% employees
• Longer hours:– Contractors work longer hours than employees– 24% of contractors worked 49 hours or more per week
• 38% contractors with host 10 years or more• One third people engaged construction industry –
contractors• 1.1million people engaged as contractor as main jobs• 55% of technology sector – contractors
Why contractors?
• Flexibility
• Cost
Why contractors – reality?
• Casualisation myth
• Headcount
• Lazy operations managers
OHS – moving towards safe workplace
• Capability
• Shared values
• Shared commitments / goals
• Shared culture
• Accountable measurement
OHS risk
• Disengaged / disconnected workers
• Non-aligned / value / goal / culture workers
• Transient workers, youth and low safety capability workers
• Low accountability workers - unmeasured
Contractors business benefit???
• Williams v McMahon [2011] – casuals• On Call Interpreters [2011] – contractors• Sham contractors – ABCC Enquiry [2010] –
Fair Work Act• Dual employment doctrine – unfair termination• Similar protection to workers (OHS workers’
compensation and EO legislation)• Similar taxing liability (payroll / superannuation,
ITAA)• Industrial levelling – EA clauses / union push
Safety Management System
• Capability
• Induction
• Training
• Competency
Chain of Command Courage
• Do I need them?
• Safety first!
• Resourcing contractor safety
• Chain of command accountability
Questions