An overwhelming majority of survey respondents highlighted the importance of qualifications in this increasingly complex area, but this was not reflected in the availability of  bachelor-level OHS qualifications.

“Queensland and Western Australia are currently the only states that offer a total of four OHS courses for undergraduates in Australia,” said safesearch Managing Director Julie Honore.

“Clearly these states have felt the demand from the resources companies for qualified safety professionals, while undergraduates in other states have few options.”

Pam Pryor, the Registrar for the Australian OHS Education Accreditation agreed that the lack of undergraduate courses “threatens the supply of technically competent and broadly skilled OHS professionals”. However she noted that graduate diploma and masters programs were continuing to produce a steady stream of OHS graduates.

The volunteer assistance package includes fact sheets, frequently asked questions and useful contacts and is available online at http://safeworkaustralia.gov.au/Legislation/volunteers/Pages/Volunteers.aspx

Safe Work Australia has also set up a Volunteer Assistance Line on 02 6240 4990, so that people can talk to an expert for advice on how the new WHS laws affect volunteers and their activities.

The seminar will be held on 14 February 2012, from 9:30am to 11:30am.

The venue is the WorkCover WA Conference Suite, 2 Bedbrook Place, Shenton Park (corner of Lemnos Street).

The seminar covers a broad range of topics about the fundamentals of the workers’ compensation system and participants will also have the opportunity to direct questions to Workcover’s subject matter experts, and meet with key WorkCover staff.

Some of the topics to be covered at the seminar are:

• Legislative developments;
• The role of the employer;
• Injury management;
• The new Conciliation and Arbitration Services (CAS)
• Calculating premium rates
• Scheme data and statistics

WorkCover WA advises that bookings are essential.

To register for the event, RSVP by 3 February to rsvp@workcover.wa.gov.au or call 08 9388 5580.

Further information is available on WorkCover WA’s website at http://www.workcover.wa.gov.au/News/Free+information+seminar+-+Introduction+to+WorkCover+WA.htm

It is most important for businesses to be able to correctly identify whether people providing services for them are independent contractors or employees. Failing to get this right can mean incurring significant costs including a requirement to backpay superannuation and other entitlements.

The Fair Work Ombudsman (FWO) has provided some guidance to assist in understanding the difference between an independent contractor and employee.

While FWO’s views do not amount to legal advice, they are important to consider as FWO will often be the government agency that investigates complaints related to disputes about employment versus independent contracting.

FWO makes the important point that there is no single factor that will decide whether a person is an employee or independent contractor. A number of factors will be relevant, including:

• Degree of control over how work is performed
• Hours of work
• Expectation of work
• Risk
• Superannuation
• Tools and equipment
• Tax
• Method of payment
• Leave

How each of these factors influence the decision about whether someone is an employee or independent contractor

• Degree of control over how work is performed. An employee performs work under the direction and control of their employer, while an independent contractor has a high level of control in how the work is done.
• Hours of work. An employee generally works standard or agreed hours, while an independent contractor decides what hours are needed to complete the specific task.
• Expectation of work. An employee usually has an ongoing expectation of work (except where specified, such as for fixed-term and casual employees), while an independent contractor is usually engaged for a specific outcome.
• Risk. An employee bears no financial risk, while an independent contractor bears the financial risk associated with performing their contracted services. An independent contractor will usually be responsible for rectifying any errors or faults, as well as any liability for injury sustained while performing the task. Independent contractors generally have their own insurance policies.
• Superannuation. An employee is entitled to have superannuation contributions paid into a nominated superannuation fund by their employer, while an independent contractor is generally responsible for their own superannuation obligations.
• Tools and equipment. Employees’ tools and equipment are generally provided by the employer, while an independent contractor usually provides their own tools and equipment.
• Tax. An employee has income tax deducted by their employer, while an independent contractor is responsible for paying their own income tax and GST.
• Method of payment. An employee is paid regularly through a payroll system, while an independent contractor will submit an invoice for work completed or be paid at the end of the contract or project.
• Leave. An employee is entitled to receive paid leave or receive a loading in lieu of leave entitlements, while an independent contractor is not entitled to paid leave.

A copy of the Fair Work Ombudsman’s fact sheet is available online at http://www.fairwork.gov.au/resources/fact-sheets/workplace-rights/Pages/independent-contractors-and-emplyees-fact-sheet.aspx

The resources, which are free to download and use, include videos, information briefs, photographs and publications.

The resources are available from WorkSafe WA’s SafetyLine website. They include:

• Podcasts covering a range of topics, including guidance on particular safety issues as well as a rundown on the national initiative to harmonise workplace safety laws across the States and Territories
• Videos for download, including a series that can be used as part of the safety induction process for new workers
• Posters and photographs
• Checklists that can be used as a tool in identifying and assessing workplace safety hazards
• 10-minute safety talks – presenter’s notes that can be used to facilitate short workplace training sessions on safety topics

The guide covers:

• the advantages of having a best practice parental leave policy
• the benefits to employers of parental leave
• employees’ entitlements to paid and unpaid parental leave
• what employers can do to make parental leave work for them and their employees
• how employers can assist a new parent whose partner is on parental leave
• implementing best practice return to work policies
• discrimination in relation to pregnancy and parental responsibilities

The guide can be downloaded from the Fair Work Ombudsman website using the following links:

• Best Practice Guide – PDF Format
• Best Practice Guide – MS Word Format

Fair Work Australia advises that the following public holidays will apply in Western Australia in 2012.

New Year’s Day Sunday 1 January, Monday 2 January (Additional public holiday because 1 January is on a Sunday)

Australia Day Thursday 26 January

Labour Day Monday 5 March

Good Friday Friday 6 April

Easter Monday Monday 9 April

Anzac Day Wednesday 25 April

Foundation Day Monday 4 June

Queen’s Birthday Monday 1 October *

Christmas Day Tuesday 25 December

Boxing Day Wednesday 26 December

*Regional areas may celebrate the Queen’s Birthday Public Holiday on an alternative date. These dates are listed on the WA Department of Commerce website.

Photograph: “Helping a Flag“ © 2011 Michael Coghlan. Used under a Creative Commons Attribution-Share alike 2.0 licence.