ARTICLE · 02 NOVEMBER 2007

Control Of A Workplace For Construction And Maintenance Purposes

Clayton Utz

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Notwithstanding an agreed allocation of occupational health and safety risk, the Occupational Health and Safety (Commonwealth Employees) Act 1991 (Cth) may operate to alter that risk allocation.

AustraliaEmployment and HR

Trevor Thomas

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The decision of the Australian Industrial Relations Commission in Telstra v Comcare [2007] AIRC 136 should ring alarm bells in the ears of those involved in Commonwealth construction and maintenance contracts.

This case involved an injury to Mr X, whose hand was caught in a pulley system which severed three of his fingers. The pulley system was attached to an air-conditioning unit and at the time of the injury, Mr X was involved in cleaning the plant room associated with that air-conditioning unit. The parties admitted that the injury occurred because of inadequate guarding – which was subsequently rectified.

Mr X was an employee of Trilogy, which was a subcontractor to a joint venture (the "Contractor"). The Contractor was engaged by Telstra Corporation Limited to provide facilities management services pursuant to a Facilities Management Agreement.

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