Latest news with #WorkersCompensationAct
West Australian
6 days ago
- Business
- West Australian
‘We have listened': Revised workers compensation reform in NSW passes milestone, challenges remain
Controversial reforms to workers compensation in NSW which brought unions to the steps of Parliament House have passed the first major milestone. A revised version of the proposed plan to reform workers compensation was introduced to parliament on Tuesday by Industrial Relations Minister Sophie Cotsis. The initial proposal faced fierce backlash when it was unveiled earlier this month from unions and industry groups who slammed many of its provisions, including a 31 per cent threshold for damages for permanent impairment from psychological injury. A requirement that someone seeking damages from psychological injury due to sexual or racial harassment or bullying require a court or tribunal finding was removed. The Minns state government hopes the proposal will instil a 'culture of prevention' in the workers compensation scheme, while also securing it financially for years to come. Treasurer Daniel Moohkey told an inquiry into the proposal earlier this month he would no longer be authorising payments to the Treasury managed Fund, the state's self-insurer, into which billions of dollars had been poured by successive governments. Introducing the Bill, Ms Cotsis said that until now 'psychological injury has been left largely undefined in the Workers Compensation Act'. 'The Bill introduces new definitions for psychological injuries to make sure workers and employers have certainty on what the scheme protects,' she said. 'Clear definitions will mean less time spent on disputes and more time on prevention.' Ms Cotsis revealed the government would establish a tripartite review – which had been pushed for by Unions NSW – to review and monitor the changes and 'to help guard against unintended consequences'. 'The review will be run by a panel of experts, with at least one expert recommended from Unions NSW, Business NSW and the NSW government,' who will also determine its terms of reference, Ms Cotsis said. Ms Cotsis outlined the changes to the Bill parliament on Tuesday. 'The relevant event that caused the injury must have a real and direct connection with employment,' she said. 'Real and direct connection does not necessarily mean the relevant event has to occur in the physical workplace. 'New evidentiary requirements will support insurers to make objective and timely decisions in relation to claims. 'Relevant events include, but are not limited to, bullying, sexual harassment and indictable criminal conduct, including threats of violence and assault.' Ms Cotsis said the intent was to target workers compensation toward events and behaviours, and preserved 'in no uncertain times' compensation for PTSD caused by trauma or exposure to traumatic events. She defended the 'objective test' for bullying, excessive work demands, and racial or sexual harassment claims as 'reducing the reliance on the worker's perception', and said the Bill would provide employers with certainty around what is acceptable in the workplace. 'Interpersonal conflict and work stress are typical and reasonably expected to occur on almost a daily basis in all modern workplace,' she said. 'In contrast, bullying, excessive work demands, racial harassment or sexual harassment unacceptable in any workplace and should never be expected. 'The Bill amends the employer defences to psychological injury claims that were the result of reasonable management action.' Psychological claims for bullying or harassment would also be expedited under the Bill, including if there is a dispute to the claim. Addressing concerns about the 31 per cent WPI threshold, Ms Cotsis said 'we are listening' and that there would be a 'stepped transition'. The Bill will not apply to coal miners or frontline service workers, including police and paramedics, save for a few of the amendments. Unions pushback against workers compensation reform Unions NSW and a range of other unions, including the NSW Nurses and Midwives Association and the NSW Teachers Federation, rallied outside of parliament on Monday morning in opposition to the reforms, which they said was being rushed through. Industry groups, including in the legal and sports physiotherapy sectors, as well as activist groups have also voiced opposition to the Bill, with Australians for Mental Health on Tuesday pleading with the government to 'slow down' the proposed reforms. 'We welcome the revisions the government has made. It shows our policymakers are listening, but still requiring someone to be so unwell that they can barely function before receiving the long-term support they need is alarming,' chief executive Chris Gambian said. 'We agree the current workers compensation system is unsustainable, but overhauling it so quickly could take away vital support for the likes of first responders, teachers, nurses and social workers; people who are exposed to traumatic experiences every day.' At the same time, the NSW government will also propose sweeping changes to workplace health and safety. Among the proposed changes are plans to empower the NSW Industrial Relations Commission to issue 'stop-bullying' orders as well as the Tribunal's ability to resolve industrial disputes, give new powers and manpower to SafeWork NSW – in particular, around compliance – and codify workplace accountability and codes of practise. The changes come after an $344m package from the state government and were welcomed by Ms Cotsis as a way to 'further strength the Industrial Relations Commission's ability to resolve disputes and to now resolve issues arising from Work Health and Safety legislation. 'It proposes major reform particularly around gender equality. The elimination of workplace bullying and sexual harassment are new key objectives of the IR Act. 'Workplace bullying causes serious harm to worker health and organisations. According to the Productivity Commission, bullying is estimated to cost up to $36bn annually in Australia. 'The amendments establish a 'one-stop shop' for handling complaints through the IRC and enhance its powers to resolve disputes and support injured workers' return to work. 'This legislation follows the passing of laws in 2023 which restored the independent industrial umpire, creating the structure needed to deliver meaningful improvements to the working lives of hundreds and thousands of workers in the state.'
Perth Now
6 days ago
- Business
- Perth Now
Milestone for reviled workers comp plan
Controversial reforms to workers compensation in NSW which brought unions to the steps of Parliament House have passed the first major milestone. A revised version of the proposed plan to reform workers compensation was introduced to parliament on Tuesday by Industrial Relations Minister Sophie Cotsis. The initial proposal faced fierce backlash when it was unveiled earlier this month from unions and industry groups who slammed many of its provisions, including a 31 per cent threshold for damages for permanent impairment from psychological injury. The Minns government's original proposal to overhaul the state's workers compensation plan angered unions, forcing a backdown. Photo: NewsWire/ Gaye Gerard Credit: News Corp Australia A requirement that someone seeking damages from psychological injury due to sexual or racial harassment or bullying require a court or tribunal finding was removed. The Minns state government hopes the proposal will instil a 'culture of prevention' in the workers compensation scheme, while also securing it financially for years to come. Treasurer Daniel Moohkey told an inquiry into the proposal earlier this month he would no longer be authorising payments to the Treasury managed Fund, the state's self-insurer, into which billions of dollars had been poured by successive governments. Introducing the Bill, Ms Cotsis said that until now 'psychological injury has been left largely undefined in the Workers Compensation Act'. 'The Bill introduces new definitions for psychological injuries to make sure workers and employers have certainty on what the scheme protects,' she said. 'Clear definitions will mean less time spent on disputes and more time on prevention.' Ms Cotsis revealed the government would establish a tripartite review – which had been pushed for by Unions NSW – to review and monitor the changes and 'to help guard against unintended consequences'. 'The review will be run by a panel of experts, with at least one expert recommended from Unions NSW, Business NSW and the NSW government,' who will also determine its terms of reference, Ms Cotsis said. Sophie Cotsis said the state government would establish tripartite review into the changes. NewsWire / Jeremy Piper Credit: News Corp Australia Ms Cotsis outlined the changes to the Bill parliament on Tuesday. 'The relevant event that caused the injury must have a real and direct connection with employment,' she said. 'Real and direct connection does not necessarily mean the relevant event has to occur in the physical workplace. 'New evidentiary requirements will support insurers to make objective and timely decisions in relation to claims. 'Relevant events include, but are not limited to, bullying, sexual harassment and indictable criminal conduct, including threats of violence and assault.' Ms Cotsis said the intent was to target workers compensation toward events and behaviours, and preserved 'in no uncertain times' compensation for PTSD caused by trauma or exposure to traumatic events. She defended the 'objective test' for bullying, excessive work demands, and racial or sexual harassment claims as 'reducing the reliance on the worker's perception', and said the Bill would provide employers with certainty around what is acceptable in the workplace. 'Interpersonal conflict and work stress are typical and reasonably expected to occur on almost a daily basis in all modern workplace,' she said. 'In contrast, bullying, excessive work demands, racial harassment or sexual harassment unacceptable in any workplace and should never be expected. 'The Bill amends the employer defences to psychological injury claims that were the result of reasonable management action.' NSW Treasurer Daniel Mookhey previously said he would crackdown on payments to the TMF. NewsWire / Nikki Short Credit: News Corp Australia Psychological claims for bullying or harassment would also be expedited under the Bill, including if there is a dispute to the claim. Addressing concerns about the 31 per cent WPI threshold, Ms Cotsis said 'we are listening' and that there would be a 'stepped transition'. The Bill will not apply to coal miners or frontline service workers, including police and paramedics, save for a few of the amendments. Unions pushback against workers compensation reform Unions NSW and a range of other unions, including the NSW Nurses and Midwives Association and the NSW Teachers Federation, rallied outside of parliament on Monday morning in opposition to the reforms, which they said was being rushed through. Industry groups, including in the legal and sports physiotherapy sectors, as well as activist groups have also voiced opposition to the Bill, with Australians for Mental Health on Tuesday pleading with the government to 'slow down' the proposed reforms. 'We welcome the revisions the government has made. It shows our policymakers are listening, but still requiring someone to be so unwell that they can barely function before receiving the long-term support they need is alarming,' chief executive Chris Gambian said. 'We agree the current workers compensation system is unsustainable, but overhauling it so quickly could take away vital support for the likes of first responders, teachers, nurses and social workers; people who are exposed to traumatic experiences every day.' At the same time, the NSW government will also propose sweeping changes to workplace health and safety. NSW Premier Chris Minns has faced months of union-driven work action. NewsWire / Nikki Short Credit: News Corp Australia Among the proposed changes are plans to empower the NSW Industrial Relations Commission to issue 'stop-bullying' orders as well as the Tribunal's ability to resolve industrial disputes, give new powers and manpower to SafeWork NSW – in particular, around compliance – and codify workplace accountability and codes of practise. The changes come after an $344m package from the state government and were welcomed by Ms Cotsis as a way to 'further strength the Industrial Relations Commission's ability to resolve disputes and to now resolve issues arising from Work Health and Safety legislation. 'It proposes major reform particularly around gender equality. The elimination of workplace bullying and sexual harassment are new key objectives of the IR Act. 'Workplace bullying causes serious harm to worker health and organisations. According to the Productivity Commission, bullying is estimated to cost up to $36bn annually in Australia. 'The amendments establish a 'one-stop shop' for handling complaints through the IRC and enhance its powers to resolve disputes and support injured workers' return to work. 'This legislation follows the passing of laws in 2023 which restored the independent industrial umpire, creating the structure needed to deliver meaningful improvements to the working lives of hundreds and thousands of workers in the state.'
Winnipeg Free Press
02-05-2025
- Business
- Winnipeg Free Press
WCB's $122-M rebates to to employers misdirected, unions complain
Manitoba's unions are questioning the decision by the Workers Compensation Board to distribute $122 million in rebates to employers — and the NDP's decision to tout the rebates as a way to support those employers during a trade war. 'There are very clear needs for the WCB to do much more to prevent workplace injuries and deaths,' the Manitoba Federation of Labour said in a news release. The provincial government issued a news release Thursday announcing that it has provided approximately $962 million in relief and support for workers and businesses impacted by tariffs from China and the United States. MIKE DEAL / FREE PRESS FILES It said payroll and retail sales tax deferrals announced March 10 provided businesses approximately $840 million of liquidity for February, March and April. In the release, Finance Minister Adrien Sala said the Workers Compensation Board is issuing $122 million in rebates 'for all employers to support businesses and help keep workers on the job.' 'We are concerned that the NDP government is touting this payout as some sort of business-support program,' MFL president Kevin Rebeck said. 'Last time I checked, the WCB does not have a mandate to provide business subsidies or economic development support. Instead, the WCB's job is to keep workers safe and to support workers and their families with workplace injuries and deaths.' Sala was not available to comment Thursday. The WCB was established in 1917 after passage of the Workers Compensation Act. Injured workers gave up the right to sue employers in exchange for guaranteed no-fault benefits, and employers agreed to fund the system in return for protection from lawsuits. The WCB insures more than 40,000 employers and covers 73 per cent of Manitoba's workforce. It's governed by a board of 10 directors appointed by the provincial government from nominations submitted by labour, employers and the public. The WCB said Thursday eligible employers will receive a credit equivalent to 50 per cent of their 2024 premium. Individual premiums are, in part, based on each employer's claims experience, it said. The $122 million surplus is the result of WCB 'maintaining financial stability due to strong investment and financial management,' the board said. Labour Minister Malaya Marcelino, the minister responsible for the WCB, said the province doesn't tell the board what to do with a surplus. 'This decision was made by the WCB board,' Marcelino said. The government news release touting tax deferrals and WCB rebates 'was an acknowledgment that Manitoba businesses are going through a difficult time right now,' she said. 'It's no secret that there might be a recession coming and it's not an easy time for Manitoba businesses,' she said. Businesses are facing rising input costs, labour shortages and low consumer demand, said Brianna Solberg, prairie spokesperson for the Canadian Federation of Independent Business. The CFIB wants legislation mandating that all WCB surplus funds are returned to employers. 'Workers' compensation premiums are one of the most burdensome taxes for small firms because they're profit-insensitive,' said CFIB policy analyst Tyler Slobogian. 'Business owners appreciate getting some of that money back, but they shouldn't have to wait and hope for discretionary rebates.' The federation also wants Manitoba to get rid of the payroll tax, not just defer it. The province is preparing for a 10-year legislative review of the Workers Compensation Act that will hear from workers, the board and employers, Marcelino said. Wednesdays A weekly look towards a post-pandemic future. 'Our goal is always to have labour peace. We can accomplish that by working together and having proper consultation,' she said. 'We do get a lot of concerns from workers about whether or not the WCB is fairly compensating them. It's important that we're standing up for workers' safety, health, their rights.' In 2024, Manitoba recorded 18 workplace-related deaths, the MFL said. In the last decade, there have been 236 fatalities. Manitoba averages about 25,000 workplace injuries a year. In 2023, 25,624 were reported. Rebeck said the WCB surplus would be better spent on preventing workplace injuries, illnesses, deaths and supporting injured workers. Carol SandersLegislature reporter Carol Sanders is a reporter at the Free Press legislature bureau. The former general assignment reporter and copy editor joined the paper in 1997. Read more about Carol. Every piece of reporting Carol produces is reviewed by an editing team before it is posted online or published in print — part of the Free Press's tradition, since 1872, of producing reliable independent journalism. Read more about Free Press's history and mandate, and learn how our newsroom operates. Our newsroom depends on a growing audience of readers to power our journalism. If you are not a paid reader, please consider becoming a subscriber. Our newsroom depends on its audience of readers to power our journalism. Thank you for your support.
Yahoo
01-04-2025
- Yahoo
Motion filed to dismiss lawsuit filed over death of journalist Dylan Lyons
A lawsuit recently filed in the death of a Spectrum News reporter is being challenged. Spectrum News filed a motion on Monday to have a lawsuit dismissed over the killing of journalist Dylan Lyons. Lyons and two others were allegedly shot and killed by Keith Moses in 2023. Spectrum's parent company, Charter Communications, said it is not liable under Florida's Workers Compensation Act. Attorneys for Lyons' family argue the case involves gross negligence and 'systematic failures' that put the journalist at risk. Click here to download our free news, weather and smart TV apps. And click here to stream Channel 9 Eyewitness News live.
