CMPA News (issue 39)

By SARAH ANDREW

Welcome to the first edition of Sand & Stone, the new magazine for the CMPA. Briony and I would love to hear what you think of the new format, so please feel free to drop us a line.

IF IT HAPPENS GET IMMEDIATE ADVICE

Sections 76 through to 78 of the Occupational Health and Safety Act 2004 headed ‘Discrimination against employees or prospective employees’ contain one of only three offences within the legislation that carry a term of imprisonment. It also contains a reverse onus of proof.

It prohibits an employer from causing a detriment to a worker or threatening to do so, for the dominant reason that the worker reported a safety issue or participated in a committee or acted as a HSR.

The provision provides a court with a range of penalties including fines and for natural persons, six months’ imprisonment. Should an employer be found guilty of discrimination, the court has the discretion to award the worker compensation for damages, can order reinstatement, or otherwise rectify the adverse consequences of the discrimination.

If such an offence is raised against you, you should seek immediate legal advice. Associate members Cornwall Stodart (Louise Houlihan ph 03 9608 2273) or Nevett Ford (Andrew Lumb ph 03 9614 7111) would be able to assist.

STACKING TO TEMPLATE

It has been reported that a number of Vic Roads sealing aggregate tenders presently in the market require materials to be stacked to template.

Stacking to template presents extreme OHS risks in that a transport driver can be required to shovel large amounts of material without appropriate safety and support systems readily available.

This was acknowledged 8 years ago when the requirement was removed, and it is very disappointing to see it return to tender conditions. The CMPA will be pursuing this issue.

Members are advised to seriously consider the risks presented by this requirement and ensure strict controls are put in place to protect employees and contractors.

LAND & BIODIVERSITY AT A TIME OF CLIMATE CHANGE

A submission was made by the CMPA on the above mentioned green paper released by the Department of Sustainability and Environment. It was noted in our submission that the current management regime of the state’s environmental resources (and we anticipate that presented in the green paper) is forcing our members’ out of this industry as a result of:

• No clear, commercially attainable arrangements or outcomes
• Complex and cost prohibitive interpretations requiring exorbitant initial, legal and consulting fees throughout the site life-cycle for all business sizes
• An inability to consider the positive environmental benefits of accessing construction material resources resulting in large, highly valuable sites being locked up

A White Paper will be developed following the consideration of all submissions. It was put that our members require the White Paper to:

• Undergo proper parliamentary evaluation of this management system, giving due consideration to the environmental, social and economic implications. This evaluation must be undertaken by a large, reputable firm with wide experience in the financial implications and cumulative legislative burden upon industry.
• Encourage more holistic and flexible policies. For instance, there should be facilities to utilise ideas such as taking a balance sheet approach, giving value to the resource on par with vegetation.
• Recognise the importance to the state and restrictions already placed upon industries, such as ours. That is to say, these operations provide an essential service to the community from a constrained location and return the land in a modified form.

CMPA ANNUAL REPORT

Members would be aware that the association’s Annual Report was considered at the AGM held prior to the Annual Dinner on August 16.

Key matters covered in this annual report included:

• Chairperson’s update including a report on the meetings attended, publications developed and submissions made.
• Associate Chairperson’s report highlighting the importance of members to utilise the Associate members wherever possible.
• Education Chairperson’s report discussing the courses that have been undertaken and reference manuals which have been developed.
• Policy & Special Issues Committee report discussing the progress of its
  projects, namely the Crushing and Screening Manuals and the major
  works contract.
• Treasurer’s report and audited financial statements.
• Secretariat’s report

The annual report will not be supplied in printed form unless requested. Alternatively, it will be available on the CMPA’s website in the member’s only secure area.

CMPA MEMBERSHIP

Members are reminded that memberships are due as soon as possible (all expired on June 30, 2008). The process is the same for all members:

• Confirm the information presented on the datasheet and mark any changes
• Select the appropriate membership fee level and any optional items (i.e. publications or advertising)
• Send this marked up page and any corrections to the CMPA by post, fax or email.

The Secretariat will raise an invoice for you to pay within 30 days (unless otherwise arranged).

Membership packs will be sent to all readers who are not presently CMPA members in the coming weeks. Your support of the association is essential to ensure the CMPA is able to represent the best interest of the industry.

Please contact the Secretariat if you would like further information.

NATIVE VEGETATION GUIDELINES

Regular readers would be aware that the Department of Primary Industries, Department of Sustainability & Environment and industry have been working on a set of guidelines covering the issue of native vegetation for some time.

According to our latest update, a draft will be presented to the working group in the coming weeks. Members will be sent advice of this once we receive it.

AGG. STANDARDS REVISED

Australian Standards has just released a number of revised standards from the 1141 series outlining methods of sampling and testing aggregates. Th is included:

• AS 1141.11.2-2008 Methods for sampling and testing aggregates – Particle size distribution for vision sizing systems
• AS 1141.22-2008 Methods for sampling and testing aggregates – Wet/dry strength variation
• AS 1141.26-2008 Methods for sampling and testing aggregates – Secondary minerals content in igneous rocks
• AS 1141.32-2008 Methods for sampling and testing aggregates – Weak particles (including clay lumps, soft and friable particles) in coarse aggregates
• AS 1141.52-2008 Methods for sampling and testing aggregates – Unconfined cohesion of compacted pavement materials
• AS 1141.65-2008 Methods for sampling and testing aggregates – Alkali aggregate reactivity – Qualitative petrological screening for potential alkali-silica reaction

These Standards provide detailed instructions on how such tests are conducted on aggregates and sands. Each covers a particular test method. In addition to these revision, AS 2758.62008 “Aggregates and rock for engineering purposes – Guidelines for the specification of armourstone” has also been revised.

This Standard provides designers and specifiers with a basis for developing the criteria for selection of natural, boulder sized rock materials for use as armourstone on sea walls, harbour and river foreshores or dam walls.

To purchase any of these standards or for further information, visit www.saiglobal.com.au

2008 WAGE REVIEW

On Tuesday 8 July 2008, the Australian Fair Pay Commission (“the AFPC”) handed down their 2008 Wage – Setting Decision (“the Decision”). The Decision provided for:

• An increase of $21.66 per week ($0.57 per hour) to the standard Federal Minimum Wage, bringing the weekly rate to $543.78 ($14.31 per hour); and
• An increase of approx. $21.66 ($0.57 per hour) in adult Pay Scales, the AFPC Increase will also flow to junior employees, employees to whom training arrangements apply, casual employees and basic piece rates of pay.

The Decision also confirmed that the increases only apply to minimum wage rates (pay scales). The increase can be absorbed into any amounts now being paid in excess of those minimum wage rates (pay scales).

The Decision only applies to a business that is an incorporated body or constitutional corporations i.e a Pty Ltd Company. The Australian Industrial Relations Commission (“the AIRC”) covers organisations that are not incorporated – or constitutional corporations i.e. partnerships, sole traders.

The AIRC has not, at this stage, made public the timetable for the conduct of the AIRC’s National Wage Case.

Please contact VECCI’s Telephone Information Centre on ph: 1800 672 731 or ph: 03 8662 5222 if you have any questions about this issue.

RECENT EVENTS

Remaining accountable to members the CMPA has attended these events over the last two months:

• VicRoads: Meeting to discuss revisions to section 801
• WorkSafe: Meeting to discuss explosive licence reviews
• CMPA Mobile plant workshop
• Training: Meeting with Box Hill Institute of TAFE and Lockers to discuss the screening manual
• DPI: Attended Information day
• Briefing: CASANZ – PEM (Mining & Extractive Industries)
• Training: Sarah attended a public speaking course
• Training: Meeting with Caterpillar Institute to discuss the mobile plant units
• DPI: Meeting with the Minister for Energy & Resources
• DPI: EIDA Review Forum
• WorkSafe: Meeting regards small business consulting program
• WorkSafe: Earth Resources Tripartite Safety Forum
• Training: Box Hill Institute of TAFE’s award night
• DPI: Stakeholders Forum

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