Work Health and Safety Amendment (Standalone Regulator) Bill 2025

By Greg Warren MP

18 March 2025

Mr GREG WARREN (Campbelltown) (15:01): I am delighted to contribute to debate on the Work Health and Safety Amendment (Standalone Regulator) Bill 2025. I acknowledge the Minister and all parties involved in the very important reforms. All legislative change is important, but there is no more important legislation than the one that looks after workers, which makes changes to a system to ensure that they get home in the same condition they go to work in. Workers are all too often overlooked by some members in this House. Our industries and workforce are vital to drive our economy, so we must work for them.

The Work Health and Safety Amendment (Standalone Regulator) Bill 2025 amends the Work Health and Safety Act 2011 to establish a SafeWork Commissioner as a regulator under the Work Health and Safety Act and a dedicated SafeWork advisory council. As mentioned previously in this debate, the independent review of SafeWork by the Hon. Robert McDougall, KC, in 2023 highlighted the need for structural and governance reforms to increase public confidence in, and access to, SafeWork NSW, to allow for appropriate stakeholder representation and voice, and to promote transparency and accountability for the State's work health and safety regulator.

An administrative arrangements order will be progressed concurrently with this bill to establish SafeWork NSW as a public service executive agency related to the Department of Customer Service from 1 July 2025, with the SafeWork Commissioner as the head of the agency. The legislation amends the Work Health and Safety Act to, firstly, establish the SafeWork Commissioner as a regulator under the Work Health and Safety Act; secondly, establish a SafeWork advisory council and outline its functions, the necessary provisions of membership, the appointment of members and procedures of the advisory council; and, thirdly, require a review of the amendments three years after the commencement date to ensure the new model is operating as intended.

The bill has been informed by consultation with SafeWork NSW, the Cabinet Office and the Parliamentary Counsel's Office, as well as important stakeholders in the unions and business groups. The system that was in place was inadequate and the former Government did not give it enough attention. That is why this Government began the long journey of reforming work health and safety in New South Wales. After years of inadequate support, it is clear to us that this bill is necessary not just to ensure the safety of our workers, which is paramount, but also because its amendments should have occurred a long time ago. That is why the Government is introducing a bill to reform SafeWork to be a tough and effective regulator.

The Government has taken SafeWork out of the Better Regulation division. Previous governments saw work health and safety as red tape and not as an essential right that all workers deserve. Every worker has the right to go home in the same condition they went to work in. I do not know the exact figures of workers dying on site, on the shop floor, or wherever they may be, but I do know it is still way too high. My son Bailey is an electrician. He finished his electrical apprenticeship last year and now works at Western Sydney airport. He has worked at a number of places with the company that employs him. Some of the worksites have adequate safety measures in place, but it is still very dangerous work. We must never forget that. We can have all the laws and safety provisions in place, but many workplaces are very dangerous.

Many members would be aware that in a previous life I drove coal trucks for a few years while I began my studies and had my young family. I would drive up and down Appin Road, or up to Denman or wherever else I had to go. That was before there was a campaign by the Transport Workers' Union [TWU], of which I am a proud member, called Safe Rates. That campaign was started by the then general secretary of the TWU, my good mate the late Steve Hutchins who went on to become a Federal Senator. Another good mate Tony Sheldon took over his role and he now is in the Federal Senate doing wonderful work. That Safe Rates campaign was important to ensure that truckies have a safe workplace. That industry remains a very risky and dangerous one, despite the legislative reform over time.

The Government has introduced the bill to ensure that workers have safe workplaces so they can return home in the same condition they went to work in. I have no doubt that Minister Cotsis, a very diligent, hardworking and worker-sympathetic Minister, who is from the shop floor, will continue to review legislation. Where amendments are required, that is precisely what she will do. After the passage of the bill, SafeWork will become a standalone regulator in the form of an executive agency, with a dedicated SafeWork Commissioner at its head, which I referred to in my opening remarks. Two reviews— one by the Hon. Robert McDougall and another by the Audit Office—condemned how SafeWork functioned under the former Government.

Members on this side of the House, and indeed all my Labor colleagues, always have been, and always will be, friends of the worker. In the last term of Parliament, and in years gone by, we heard statements made in this House by members opposite that propagandised being friends of the worker. When they are in this place they may say they are friends of the worker, but when it comes to legislative reform and providing a safe workplace, they are absent. It is only the Labor Party that always has and always will prioritise the safety of workers. That said, I know a number of Opposition members are passionate about making sure that provisions for safe work are in place. I note the contribution of the shadow Minister and thank him and Opposition members for their support. When I refer to members opposite, I am referring to members of the previous Government. The shadow Minister's passion to see reform in this area is deeply appreciated. [Extension of time]

The functions of the executive agency will be the same as the functions of the regulator, which are outlined in part 8 of the Work Health and Safety Act. The Minister for Work Health and Safety will be able to exercise direction and control over the agency, except in relation to the contents of advice and decisions relating to proceedings for offences under the Work Health and Safety Act or a work health and safety undertaking. Those restrictions on ministerial direction and control already exist in the Act. The bill also establishes a SafeWork Advisory Council and sets out its functions. The board will be comprised of representatives from business and unions, at least one expert in the field of workplace health and safety, and a representative from an organisation representing families of injured workers. The primary role and priority of the advisory council will be to monitor emerging risks and trends in the field of work health and safety whilst providing advice to the commissioner on strategic direction and priorities for SafeWork NSW, as well as to advise the commissioner on the effectiveness of SafeWork NSW's operations.

When in opposition, Labor fought tooth and nail to change SafeWork. Now in government, it has followed through and is doing what is necessary to ensure that SafeWork is the most effective regulator it can be. This is yet another example of this Government saying what it means and meaning what it says. From the Premier down to each and every one of my colleagues, if we give an undertaking to do something then we do it. Can we do everything right now? No, we cannot. But we are pragmatic and honest with the people of New South Wales. Realistically, no government can be everything to everyone all the time. But we can be honest with the people of New South Wales all the time, respect our unions and business community, and collaborate with them, because members on this side of the House know that the best outcomes are achieved by working together. Every worker in this State has an indisputable right to return home safely to their families every day.

Earlier I referred to driving coal trucks. I did the tar cutter turnaround down the Hume for a bit. When I finished my studies, I went on to be an allocator and an operations manager. I was blessed and fortunate to move up into leadership roles. I have sustained good relationships with my union brothers and sisters from the Transport Workers' Union and the Australian Workers' Union, for whom I have the deepest respect. It is very easy for people to be critical of our unions, but since this great nation's federation the mighty trade union movement has been a bastion of fighting to ensure that workers get home safely. They must be credited for that. No-one can take that away from them.

Can we do everything for all workers all the time? No, we cannot. Will we forever try to? Yes, we will. This bill brings us one step closer. I have faith that my good friend the Minister will continue to review legislation and consult with the union movement, industry and business, and where reforms are required that is precisely what she will do. This Government and the Minister deeply care about the safety of workers whilst driving our State's economy, ensuring that industry remains progressive, profitable and prosperous into the future. To conclude, I have mentioned that this Government is honest with the people of New South Wales. We cannot do everything all the time. But what we can do all the time is our best.