WORK HEALTH AND SAFETY ACT 2011 - SECT 52 Negotiations for agreement for work group
WORK HEALTH AND SAFETY ACT 2011 - SECT 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 are proposed to 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—
(a) for a major construction project—when work on the project commences; or
(b) in any other case—within 14 days after the day a request is made under section 50 (Request for election of health and safety representative).
(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.
(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.
Note Strict liability applies to each physical element of this offence (see s 12A).
(6) A regulation 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.
(7) In this section:
"person conducting a business or undertaking" includes the principal contractor for a major construction project.