159   Conduct of election of site check inspectors

(1)  An election for a site check inspector for a coal operation may be conducted:

(a)  if there is only one involved union in relation to the coal operation—by that involved union, or

(b)  if there is more than one involved union and all the involved unions are in agreement that a specified one of those unions should conduct the election—by that specified union, or

(c)  if there is no involved union in relation to the coal operation or agreement under paragraph (b) cannot be reached—by a person authorised by the Chief Inspector to conduct elections under this section.

(2)  A person employed in or about the coal operation may be a candidate in the election if and only if:

(a)  the person is not disqualified under section 161, and

(b)  the person is employed at the coal operation and has at least 3 years’ experience working at the coal operation or at a coal operation of the same type or has the other practical experience required by the regulations.

(3)  However, a person with less than 3 years’ experience may be a candidate for election if the Chief Inspector determines that the 3-year requirement is impractical in a particular case.

(4)  Subject to the regulations, all individuals employed in or about the coal operation are entitled to vote in the election.

(5)  Where there is only one candidate for the election, that person is taken to have been elected.

(6)  Where a person is elected as the site check inspector for a coal operation, the involved union or other person authorised under subsection (1) to conduct the election must, as soon as practicable after the person has been so elected, inform the Chief Inspector, the industry check inspector and the operator of the coal operation.

(7)  As soon as practicable after being so informed, the operator of the coal operation must cause a notice that the person so elected is the site check inspector for the coal operation to be displayed in a prominent place at the coal operation, that will allow all of the persons working in or about the coal operation to be notified of the election.

Maximum penalty: 10 penalty units.