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Contents (2011 - 10)
Work Health and Safety Act 2011 No 10
Current version for 7 July 2017 to date (accessed 18 November 2017 at 15:29)
Part 5 Division 3 Subdivision 3
Subdivision 3 Multiple-business work groups
55   Determination of work groups of multiple businesses
(1)  Work groups may be determined for workers carrying out work for 2 or more persons conducting businesses or undertakings at one or more workplaces.
(2)  The particulars of the work groups are to be determined by negotiation and agreement, in accordance with section 56, between each of the persons conducting the businesses or undertakings and the workers.
(3)  The parties to an agreement concerning the determination of a work group or groups may, at any time, negotiate a variation of the agreement.
(4)  The determination of one or more work groups under this Subdivision does not:
(a)  prevent the determination under this Subdivision or Subdivision 2 of any other work group of the workers concerned, or
(b)  affect any work groups of those workers that have already been determined under this Subdivision or Subdivision 2.
56   Negotiation of agreement for work groups of multiple businesses
(1)  Negotiations concerning work groups under this Subdivision must be directed only at the following:
(a)  the number and composition of work groups to be represented by health and safety representatives,
(b)  the number of health and safety representatives and deputy health and safety representatives (if any) for each work group,
(c)  the workplace or workplaces to which the work groups will apply,
(d)  the businesses or undertakings to which the work groups will apply.
(2)  A person conducting a 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.
(3)  If agreement cannot be reached on a matter relating to the determination of a work group (or a variation of an agreement) within a reasonable time after negotiations commence under this Subdivision, any party to the negotiations may ask the regulator to appoint an inspector to assist the negotiations in relation to that matter.
(4)  The regulations may prescribe the matters that must be taken into account in negotiations for and determination of work groups and variations of agreements.
57   Notice to workers
(1)  A 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)  A 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.
58   Withdrawal from negotiations or agreement involving multiple businesses
(1)  A party to a negotiation for an agreement, or to an agreement, concerning a work group under this Subdivision may withdraw from the negotiation or agreement at any time by giving reasonable notice (in writing) to the other parties.
(2)  If a party withdraws from an agreement concerning a work group under this Subdivision:
(a)  the other parties must negotiate a variation to the agreement in accordance with section 56, and
(b)  the withdrawal does not affect the validity of the agreement between the other parties in the meantime.
59   Effect of Subdivision on other arrangements
To avoid doubt, nothing in this Subdivision affects the capacity of 2 or more persons conducting businesses or undertakings and their workers to enter into other agreements or make other arrangements, in addition to complying with this Part, concerning the representation of those workers.