IR Q&A Issue 12

Posted 1 February 2019

IR Q&A Issue 12

Q: I have an Enterprise Agreement that is due to expire shortly. Will this agreement continue to operate after this date?

A: Yes, the Fair Work Act 2009 (Cth) provides that an Enterprise Agreement will continue to operate after the nominal expiry date until such time as it is either replaced or terminated by application to the Fair Work Commission.

Q: What are my obligations as an employer for reporting a serious incident under the WHS legislation?

A: As a PCBU you have a number of obligations under the Work, Health and Safety Act 2011 (ACT). This includes the obligation to report a notifiable incident.

A notifiable incident is described as:

  • A dangerous incident; and/or
  • A serious injury or illness of a person; and/or
  • The death of a person.

You must notify WorkSafe ACT immediately after becoming aware of the incident and there are penalties for non-compliance under the legislation. WorkSafe ACT can be contacted on 02 6207 3000.

There are also rules in relation to site preservation (where the incident occurred) and what records are to be kept in regards to the incident.

Further information about your obligations to report a workplace incident can be found here or you can call Mick Kelly, WHS Manager on 02 6175 5900 or

If you have any queries or would like to ask a question, please contact me on 6175 5919 or email

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