Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 44

Negotiation of agreement concerning designated work groups

44. Negotiation of agreement concerning designated work groups



(1) Negotiations concerning designated work groups under this Division must be
directed only at the following-

   (a)  the manner of grouping, into one or more designated work groups,
        employees at one or more workplaces that-

   (i)  best and most conveniently enables the interests of those employees
        relating to occupational health and safety to be represented and
        safeguarded; and

   (ii) best takes account of the need for a health and safety representative
        for the designated work group or groups to be accessible to each
        member of the group;

   (b)  the number (which must be at least one) of health and safety
        representatives for each designated work group;

   (c)  the number of deputy health and safety representatives (if any) for
        each designated work group;

   (d)  the term of office (not exceeding 3 years) of each health and safety
        representative and deputy health and safety representative (if any);

   (e)  whether the health and safety representative or representatives for
        the designated work group or groups are authorised also to represent
        independent contractors, or a class of independent contractors,
        engaged by the employer, and any employees of such independent
        contractors, who work at a workplace at which members of the
        designated work group or groups work.

(2) If the negotiations result in agreement on the particulars mentioned in
subsection (1), the employer must establish the designated work group or
groups (as agreed) by giving written notice to the employees.

Penalty: 10 penalty units for a natural person; 50 penalty units for a body
corporate.

(3) The parties to an agreement concerning a designated work group or groups
may, at any time, negotiate a variation of the agreement.

(4) If a variation is agreed, the employer must vary the agreement by giving
written notice to the employees.

Penalty: 10 penalty units for a natural person; 50 penalty units for a body
corporate.

(5) In negotiations concerning a designated work group or groups (including
negotiations for a variation of an agreement), an employee or a group of
employees may be represented by any person authorised by the employee or group
(as the case may be).

(6) An agreement concerning a designated work group or groups must only deal
with the particulars mentioned in subsection (1).

Note Certain matters must be taken into account in negotiations for an
agreement or a variation of an agreement (see section 46).