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Victoria and Tasmania assert the rights of workers to a safe workplace

Protesters at the Wombat State Forest. Picture: Wombat Forestcare Facebook page.

The Australian Forest Contractors Association has welcomed the Victorian Government’s initial steps this week to strengthen workplace laws protecting Victorian forestry workers from workplace trespass. Source: Timberbiz

The Sustainable Forests Timber Amendment (Timber Harvesting Safety Zones) Bill 2022, introduced into State Parliament this week, will make protestors who illegally enter coupes in Victoria and dangerously interfere with workers or their machinery subject to stronger penalties including maximum fines of more than $21,000 or 12-months imprisonment.

And PVC and metal pipes, which can be used in dangerous protest activities, will be added to the prohibited items list meaning they potentially attract extra fines if used to hinder or obstruct timber harvesting operations.

The Bill came about through effective consultation with AFCA and other industry groups.

AFCA’s members continue to be impacted by these workplace invasions and have so for many years. There are significant costs associated with these unsafe workplace interruptions such as forfeited work hours, paid production and increasing health and safety concerns.

“Changes to strengthen penalties to illegal and dangerous acts and groups is welcomed,” AFCA general manager Carlie Porteous said.

“Our members have endured this sort of activity for many years, not just in Victoria, but in other states. It is good to see Victoria is now strengthening its position on this issue.”

AFCA will continue to keep its membership informed on the changes to the Bill as it progresses.

The Victorian Bill comes as laws strengthening of workplace safety in Tasmania passed the Lower House this week.

This is the second time the government has attempted to get the Bill through both Houses after it failed in the upper House in March last year.

If successful, protesters could be slapped with harsher fines or longer jail terms for action that obstructs streets or causes a nuisance to workplaces, where penalties would be more severe if a person is convicted of trespassing.

Corporate entities would also be included and could pay penalties of more than $100,000.

“We have been elected at three consecutive elections with policies designed to protect the rights of workers and to deter unlawful interference with workplaces,” Resources Minister Guy Barnett said.

“We have listened to the needs of business, and we have seen the impact of unlawful protests on businesses and their employees. It costs money, it creates risk, and it can cause stress for the workers.

“In some cases, there is potential for physical harm,” he said.

“I want to reassure Tasmanians and be very clear, we respect every Tasmanians right to free speech and the legislation will not put in place anything that will limit lawful protesting.”

Mr Barnett said the Bill would not stop lawful protests outside hospitals, schools or restrict those wanting to make their views known on issues such as climate change. Nor would it interrupt the democratic processes or limit people’s ability to contribute to the state’s political and regulatory decision-making.

“Tasmanians will still be entitled to protest and have their say,” he said.

“What we want is to protect Tasmanian workers and their right to earn a living and I acknowledge Labor’s support for the Bill.

“Intimidating, threatening, and endangering employees is not acceptable, and we are pleased to have taken an important step to ensure our legislation is updated to stamp this out.”

Shadow Minister for Workplace Relations Sarah Lovell said Labor supported the right to protest but not when it placed workers at risk.

She said the Opposition had sought to amend Workplace Protections Bill to remove public annoyance provisions and include protections for workers engaged in industrial action, disputes or campaigns.

But she said the government had used its numbers to “unnecessarily guillotine the debate on this significant issue”.

“Labor will continue to pursue its amendments in the Legislative Council where the Government can’t shut down debate,” Ms Lovell said.

“Labor have made it clear that protection for industrial activity by workers and unions is non‑negotiable.

“Additionally, the public annoyance provisions are a complete overreach and have nothing to do with the stated intent of the Bill which is to keep workers safe in their workplace.”

Mr Lovell said Labor would always fight for the rights of all workers to a safe workplace and will support provisions that protect workers put at risk by radical green protests.

“After six years of Minister Barnett using worker’s safety in a political game it is time that the government actually took action to improve protection for workers,” she said.