Commonwealth Numbered Acts

OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991 No. 30, 1991 - SECT 34

34. (1) A health and safety committee must be established in respect of the
employer's employees at a particular workplace if:

   (a)  the number of employees of the employer who work at the workplace is
        normally not less than 50 (whether or not the employees are all at
        work at the workplace at the same time); and

   (b)  the employees are included in one or more designated work groups in
        respect of the employer; and

   (c)  the employer is requested to establish the committee by:

        (i)    a health and safety representative for the
               designated work group or for one of the designated work groups;
               or

        (ii)   an involved union in relation to such a group.

(2) The health and safety committee consists of:

   (a)  the number of members specified in an agreement reached between the
        employer and:

        (i)    the involved unions in relation to the designated work group
               that includes, or the designated work groups that include, all
               of the employees; or

        (ii)   if there are no such involved unions - the employees; or

   (b)  where there is no such agreement - an equal number of members, chosen
        by employees, to represent the interests of the employees and members,
        chosen by the employer, to represent the interests of management.

(3) The agreement referred to in paragraph (2) (a) may:

   (a)  specify the persons who are to be members to represent the interests
        of management; and

   (b)  provide for the manner in which persons who are to be members to
        represent the interests of employees are to be chosen.

(4) Where regulations made for the purposes of this section specify procedures
for the selection of persons as members of health and safety committees, to
represent the interests of employees, an agreement referred to in paragraph
(2) (a) must not provide for such members to be chosen in a manner
inconsistent with the regulations.

(5) A health and safety committee must hold meetings at least once every 3
months.

(6) The procedure at meetings of a health and safety committee must, except to
the extent provided for by the regulations, be the procedure agreed upon by
the committee.

(7) A health and safety committee must cause minutes of its meetings to be
kept, and shall retain those minutes for a period of not less than 3 years.

(8) Nothing in this section is to be taken as preventing an employer from
establishing, in consultation with registered unions or any other persons,
committees concerned with occupational health and safety in relation to
undertakings carried on by the employer.