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Contents (2011 - 674)
Work Health and Safety Regulation 2011
Repealed version for 1 July 2017 to 31 August 2017 (accessed 22 November 2017 at 20:11)
Chapter 2 Part 2.1
Part 2.1 Representation
Division 1 Work groups
16   Negotiations for and determination of work groups
Negotiations for and determination of work groups and variations of work groups must be directed at ensuring that the workers are grouped in a way that:
(a)  most effectively and conveniently enables the interests of the workers, in relation to work health and safety, to be represented, and
(b)  has regard to the need for a health and safety representative for the work group to be readily accessible to each worker in the work group.
Note.
 Under the Act, a work group may be determined for workers at more than 1 workplace (section 51 (3)) or for workers carrying out work for 2 or more persons conducting businesses or undertakings at 1 or more workplaces (Subdivision 3 of Division 3 of Part 5 of the Act).
17   Matters to be taken into account in negotiations
For the purposes of sections 52 (6) and 56 (4) of the Act, negotiations for and determination of work groups and variation of agreements concerning work groups must take into account all relevant matters, including the following:
(a)  the number of workers,
(b)  the views of workers in relation to the determination and variation of work groups,
(c)  the nature of each type of work carried out by the workers,
(d)  the number and grouping of workers who carry out the same or similar types of work,
(e)  the areas or places where each type of work is carried out,
(f)  the extent to which any worker must move from place to place while at work,
(g)  the diversity of workers and their work,
(h)  the nature of any hazards at the workplace or workplaces,
(i)  the nature of any risks to health and safety at the workplace or workplaces,
(j)  the nature of the engagement of each worker, for example as an employee or as a contractor,
(k)  the pattern of work carried out by workers, for example whether the work is full-time, part-time, casual or short-term,
(l)  the times at which work is carried out,
(m)  any arrangements at the workplace or workplaces relating to overtime or shift work.
Division 2 Health and safety representatives
18   Procedures for election of health and safety representatives
(1)  This clause sets out minimum procedural requirements for the election of a health and safety representative for a work group for the purposes of section 61 (2) of the Act.
(2)  The person conducting the election must take all reasonable steps to ensure that the following procedures are complied with:
(a)  each person conducting a business or undertaking in which a worker in the work group works is informed of the date on which the election is to be held as soon as practicable after the date is determined,
(b)  all workers in the work group are given an opportunity to:
(i)  nominate for the position of health and safety representative, and
(ii)  vote in the election,
(c)  all workers in the work group and all relevant persons conducting a business or undertaking are informed of the outcome of the election.
19   Person conducting business or undertaking must not delay election
A person conducting a business or undertaking at a workplace must not unreasonably delay the election of a health and safety representative.
Maximum penalty:
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
20   Removal of health and safety representatives
(1)  For the purposes of section 64 (2) (d) of the Act, the majority of the members of a work group may remove a health and safety representative for the work group if the members sign a written declaration that the health and safety representative should no longer represent the work group.
(2)  A member of the work group nominated by the members who signed the declaration must, as soon as practicable:
(a)  inform the following persons of the removal of the health and safety representative:
(i)  the health and safety representative who has been removed,
(ii)  each person conducting a business or undertaking in which a worker in the work group works, and
(b)  take all reasonable steps to inform all members of the work group of the removal.
(3)  The removal of the health and safety representative takes effect when the persons referred to in subclause (2) (a) and the majority of members of the work group have been informed of the removal.
21   Training for health and safety representatives
(1)  For the purposes of section 72 (1) of the Act, a health and safety representative is entitled to attend the following courses of training in work health and safety:
(a)  an initial course of training of 5 days,
(b)  1 day’s refresher training each year, with the entitlement to the first refresher training commencing 1 year after the initial training.
(2)  In approving a course of training in work health and safety for the purposes of section 72 (1) of the Act, the regulator may have regard to any relevant matters, including:
(a)  the content and quality of the curriculum, including its relevance to the powers and functions of a health and safety representative, and
(b)  the qualifications, knowledge and experience of the person who is to provide the course.
(3)  The regulator may revoke or vary an approval under this clause.
(4)  The regulator may impose conditions on an approval under this clause and may vary those conditions.
Note.
 This clause prescribes courses of training to which a health and safety representative is entitled. In addition to these courses, the health and safety representative and the person conducting the business or undertaking may agree that the representative will attend or receive further training.