Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 36

How employees are to be consulted

36. How employees are to be consulted



(1) An employer who is required to consult with employees must do so by-

   (a)  sharing with the employees information about the matter on which the
        employer is required to consult; and

   (b)  giving the employees a reasonable opportunity to express their views
        about the matter; and

   (c)  taking into account those views.

(2) If the employees are represented by a health and safety representative,
the consultation must involve that representative (with or without the
involvement of the employees directly).

(3) Subject to subsections (1) and (2), if the employer and the employees have
agreed to procedures for undertaking consultations, the consultation must be
undertaken in accordance with those procedures.

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