Commonwealth Numbered Acts

OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991 No. 30, 1991 - SECT 25

25. (1) One health and safety representative may be selected for each
designated work group.

(2) A person is not eligible for selection as the health and safety
representative for a designated work group unless the person is an employee
included in the group.

(3) A person is to be taken to have been selected as the health and safety
representative for a designated work group if:

   (a)  all of the employees included in the group unanimously agree to the
        selection of the person as the health and safety representative of the
        group; or

   (b)  the person is elected as the health and safety representative of the
        group.

(4) An election for a health and safety representative for the designated
work group may be conducted:

   (a)  if there is only one involved union in relation to the group - 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 group - by a person
        authorised by the Commission to conduct elections under this section.

(5) An employee in the designated work group may be a candidate in the
election if and only if:

   (a)  the employee is not disqualified under section 32; and

   (b)  where an involved union in relation to the group is conducting the
        election - the employee is nominated by an involved unionin relation
        to the group.

(6) All the employees in the designated work group are entitled to vote in the
election.

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

(8) Where a person is selected as the health and safety representative for a
designated work group:

   (a)  if the person is selected by agreement in accordance with paragraph
        (3) (a) - the person; and

   (b)  if the person is selected by election in accordance with paragraph (3)
        (b) - the involved union or other person authorised under subsection
        (4) to conduct the election; must, as soon as practicable after the
        person has been so selected, inform the employer of all the employees
        included in the group of the name of the person so selected.

(9) As soon as practicable after being so informed, the employer must cause a
notice that the person so selected is the health and safety representative for
the group to be displayed in a prominent place at such workplaces, under the
employer's control, as will allow all of the employees in the group to be
notified of the selection.   (10) An employer must prepare and keep up to date
a list of all the health and safety representatives of designated work groups
comprising employees performing work for the employer, and must ensure that
that list is at all reasonable times available for inspection by:

   (a)  the employees; and

   (b)  involved unions in relation to the designated work groups; and

   (c)  investigators.