Greening Australian Workplaces

United Nations Environment Programme , Labour and the Environment: A Natural Synergy (2007) <unep.org/labour_environment/PDFs/UNEP-labourenv-synergy.pdf> at 26 April 2009.

Fair Work Act 2009 (Cth) s 176.

Fair Work Act 2009 (Cth) s 3. This was also the principal object of the previous Act, Workplace Relations Act 1996 (Cth) s 3.

Gailey Greig , ‘Productivity the new focus’, The Age (Melbourne), 31 March 2009. The Business Council of Australia commissioned three influential reports from 1989 to 1993. See Industrial Relations Study Commission , ‘Enterprise-based bargaining units, a better way of working, (1989). For a critique of the reports see O'Brien John , ‘McKinsey, Hilmer and the BCA: The “New Management” Model of Labour Market’ (1994) 36(4) Journal of Industrial Relations 468–490.

Research has shown that enterprise bargaining has been used in a narrow way in Australia, even in areas where the content is legally permitted under the relevant industrial relations law. See Briggs Chris and Buchanan John , ‘Australian Labour Market Deregulation: A Critical Assessment,’ Research Paper 21, Commonwealth, (1999–2000) 3; Mitchell Richard , ‘Enterprise Bargaining: What has it got to do with Workplace Partnerships?’ (Centre for Employment and Labour Relations Law, The University of Melbourne, 2004).

Fair Work Act 2009 (Cth) s 172.1).

Fair Work Act 2009 (Cth) s 172.1)(a).

Fair Work Act 2009 (Cth) s 172.1)(a).

Creighton Breen and Stewart Andrew , Labour Law (4th ed, 2005) [4.26–4.31].

Ibid [4.30].

R v Kelly; Ex Parte Victoria (1950) 81 CLR 64.

Creighton and Stewart, above n 9 [4.29].

Standing Committee on Education, Employment and Workplace Relations, The Senate, Fair Work Bill [Provisions] (2009) [4.55–4.60].

Professor Stewart Andrew , Submission to the Senate Education, Employment and Workplace Relations Committee Inquiry to the Fair Work Bill 2008, Submission 98, 4; see also Australian Council of Trade Unions , Submission 13, 31; Professor Peetz David , Submission 132, 13; Unions Western Australia , Submission 70, 11; Textile Clothing and Footwear Union of Australia , Submission 11, 16–17; Buchanan John Dr , Submission 150, 4.

Commonwealth Final Report, n 13 [4.65].

See cases discussed in Stewart Andrew , Stewart's Guide to Employment Law (2009) [8.28 – 8.29].

Fair Work Act 2009 (Cth) s 172.1)(b).

(1974) 3 ALR 305.

Creighton and Stewart , above n 9, [4.29].

Application for variation by State Electricity Commission of Victoria (1992) 34 AILR 242.

UNEP , above n 1, 70–73 and 74–81.

See Tooma Michael , Safety, Security, Health and Environment Law (2008) ch 1.

Ibid.

UNEP , above n 1, 67.

Climate change adaptation focuses on dealing with the unavoidable impacts of climate change. See National Climate Change Adaptation Framework <coag.gov.au/coag_meeting_outcomes/2007-04-13/docs/national_climate_change_adaption_framework.pdf> at 27 April 2009. It mentions human health generally but not related to the workplace.

See Occupational Health and Safety Act 2000 (NSW); Occupational Health and Safety Act 2004 (Vic); Workplace Health and Safety Act 1995 (Qld); Occupational Health Safety and Welfare Act 1986 (SA); Workplace Health and Safety Act 1995 (TAS); Occupational Health and Safety Act 1984 (WA); Occupational Health and Safety Act 1989 (ACT); Work Health Act 1986 (NT); Occupational Health and Safety Act 1991 (Cth).

Victorian Workcover Authority , Memorandum of Understanding Victorian Workcover Authority and Environment Protection Agency (2008) <worksafe.vic.gov.au/wps/wcm/resources/file/ebf68006c18630e/MoU_Environmental_Protection_Authority_June_2008w.pdf> at 27 April 2009. See also Occupational Health and Safety Act (Major Hazard Facilities) Regulations 2000 (Vic).

See Occupational Health and Safety Act 2004 (Vic) s 22.2)(e) and ss 35–36.

See Occupational Health and Safety Act 2004 (Vic) s 21.

See Occupational Health and Safety Act 2004 (Vic) ss 20–21 and 23.

See Occupational Health and Safety Act 2004 (Vic) ss 54–55.

UNEP , above n 1, 35.

For an examination on environmental regulation and how it intersects with health and safety in the workplace see generally Tooma, above n 22.

UNEP , above n 1, 35.

Fair Work Act 2009 (Cth) s 172.1)(a).

Tooma , above n 22, 1–4.

Ibid 1.

For a detailed examination of CSR principles see McBarnet Doreen , Voiculescu Aurora and Campbell Tom (eds), The New Corporate Accountability: Corporate Social Responsibility and the Law (2007); Parker Christine , The Open Corporation: Effective Self-Regulation and Democracy (2002).

Corporations and Markets Advisory Committee (CAMAC) Report , The Social Responsibility of Corporations, December 2006, 15.

For a discussion of the laws see CAMAC , above n 39, ch 3; Also see Simmons Belinda , ‘Corporate Social Responsibility: Have recent reforms safeguarded the future?’ (2008)(1) National Environmental Law Review 55–60.

Corporations Act 2001 (Cth) s 299.1)(f) and s 299.

Greenhalgh v Arderne Cinemas Ltd [1951] 2 All ER 1120 at 1126.

Provident International Corporation v International Leasing Corp Ltd [1969] 1 NSWR 424, 440.

CAMAC , above n 39, 84–85.

UNEP (2007), above n 1, 92–102.

Ibid 78.

Companies Act 2006 (UK) s 172.

See Bottomley Stephen and Forsyth Anthony , ‘The New Corporate Law: Corporate Social Responsibility and Employees' Interests’ in McBarnet Doreen , Voiculescu Aurora and Campbell Tom (eds), The New Corporate Accountability: Corporate Social Responsibility and the Law (2007) 307–35, 331–3.

See generally, CAMAC Report, above n 39.