Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 48

Negotiation of agreement for designated work groups of multiple employers

48. Negotiation of agreement for designated work groups of multiple employers



(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 of the employers 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 any of the employers, 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 a written agreement on the particulars
mentioned in subsection (1), the employers 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 employers 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).