The
Workers Rehabilitation and Compensation Act 1986 and the WorkCover
Corporation Act 1994 have been passed in State Parliament.
The
Legislation introduced by Premier Rann attacks the rights, and cuts
the pay, of injured workers by a range of measures, which
include:
* Cutting wages to 90%
after 13 weeks
* Cutting wages to
80% after 26 weeks
* Removing most
workers off the scheme after 2.5 years
*
Restricting access to lump sum compensation
*
Allowing the cessation of workers' weekly payments where there is a
dispute
The new Legislation does
contain a wide range of changes to processes and entitlements and
their likely impact will become clearer once the Legislation is in
place.
The majority of
amendments will commence on 1 July 2008, with some commencing 1
January 2009 and some 1 April 2009.
The
new step downs to 90% and 80% will only apply to new claims from 1
July 2008.
Arbitration will be
abolished from 1 January 2009.
WorkCapacity
Reviews (the 2.5 year review), and Section 43 Changes and Medical
Panels will be effective from 1 April 2009.
PSA
members carrying out the Government's policies, will have their
protections reduced if they are injured.
An
injured worker earning $800 per week will be over $5,000 worse off in
the first 12 months under Premier Rann's proposals.
The
amendments will be reviewed early 2011.
Whilst
the legislation has been passed, the campaign is not over. As with
the Federal Government's WorkChoices legislation, although the
legislation was implemented and operational, unions campaigned
heavily and influenced the outcome of the 2008 Federal Election. The
new Federal Labor Government was elected on a platform to repeal
WorkChoices and ensure equity and fairness was restored to the
Industrial Relations system.
Now,
South Australian workers need to campaign to have these changes
reversed. In the lead up to the next State Election in 2010 all
politicians and parties need to commit to review the impact of these
changes on workers and implement a decent WorkCover system.
Public
Sector workers now need to look after their interests. PSA members
should not put themselves at risk carrying out the Government's
policies. Employees should consider doubling up if they are likely to
be confronted by a potentially dangerous situation. The PSA will
continue to advocate for the safety and welfare of members to be of
paramount importance, and ensure workers are protected and not
penalised if they are injured at work.
For
further information please contact Gayle Peak, Assistant Chief
Industrial Officer on gp@cpsu.asn.au
PSA
WORKING FOR SAFE WORK PLACES
23 June 2008