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Contents (2011 - 10)
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Work Health and Safety Act 2011 No 10
Current version for 8 June 2017 to date (accessed 26 June 2017 at 06:47)
Part 5 Division 3 Subdivision 2
Subdivision 2 Determination of work groups
51   Determination of work groups
(1)  If a request is made under section 50, the person conducting the business or undertaking must facilitate the determination of one or more work groups of workers.
(2)  The purpose of determining a work group is to facilitate the representation of workers in the work group by one or more health and safety representatives.
(3)  A work group may be determined for workers at one or more workplaces.
52   Negotiations for agreement for work group
(1)  A work group is to be determined by negotiation and agreement between:
(a)  the person conducting the business or undertaking, and
(b)  the workers who will form the work group or their representatives.
(2)  The person conducting the business or undertaking must take all reasonable steps to commence negotiations with the workers within 14 days after a request is made under section 50.
(3)  The purpose of the negotiations is to determine:
(a)  the number and composition of work groups to be represented by health and safety representatives, and
(b)  the number of health and safety representatives and deputy health and safety representatives (if any) to be elected, and
(c)  the workplace or workplaces to which the work groups will apply, and
(d)  the businesses or undertakings to which the work groups will apply.
(4)  The parties to an agreement concerning the determination of a work group or groups may, at any time, negotiate a variation of the agreement.
(5)  The person conducting the business or undertaking must, if asked by a worker, negotiate with the worker’s representative in negotiations under this section (including negotiations for a variation of an agreement) and must not exclude the representative from those negotiations.
Maximum penalty:
(a)  in the case of an individual—$10,000, or
(b)  in the case of a body corporate—$50,000.
(6)  The regulations may prescribe the matters that must be taken into account in negotiations for and determination of work groups and variations of agreements concerning work groups.
53   Notice to workers
(1)  The person conducting a business or undertaking involved in negotiations to determine a work group must, as soon as practicable after the negotiations are completed, notify the workers of the outcome of the negotiations and of any work groups determined by agreement.
Maximum penalty:
(a)  in the case of an individual—$2,000, or
(b)  in the case of a body corporate—$10,000.
(2)  The person conducting a business or undertaking involved in negotiations for the variation of an agreement concerning the determination of a work group or groups must, as soon as practicable after the negotiations are completed, notify the workers of the outcome of the negotiations and of the variation (if any) to the agreement.
Maximum penalty:
(a)  in the case of an individual—$2,000, or
(b)  in the case of a body corporate—$10,000.
54   Failure of negotiations
(1)  If there is a failure of negotiations (including negotiations concerning the variation of an agreement), any person who is or would be a party to the negotiations may ask the regulator to appoint an inspector for the purposes of this section.
(2)  An inspector appointed under subsection (1) may decide:
(a)  the matters referred to in section 52 (3), or any of those matters which is the subject of the proposed variation (as the case requires), or
(b)  that work groups should not be determined or that the agreement should not be varied (as the case requires).
(3)  For the purposes of this section, there is a failure of negotiations if:
(a)  the person conducting the business or undertaking has not taken all reasonable steps to commence negotiations with the workers and negotiations have not commenced within 14 days after:
(i)  a request is made under section 50, or
(ii)  a party to the agreement requests the variation of the agreement, or
(b)  agreement cannot be reached on a matter relating to the determination of a work group (or the variation of an agreement concerning a work group) within a reasonable time after negotiations commence.
(4)  A decision under this section is taken to be an agreement under section 52.