Victorian Consolidated Regulations

8 Reg. 9.2.1: S.R. No. 127/2000 as amended by S.R. No. 96/2005. - SECT 2.2.2.

Parties to the resolution of issues

2.2.2. Parties to the resolution of issues



(1) For the purposes of section 73 of the Act, an employer must notify the
employees, any health and safety representative and any health and safety
committee in the appropriate manner and languages-

   (a)  as to whether the employer intends to participate in the resolution of
        an issue personally or to nominate an employer representative; and

   (b)  if an employer representative is to be nominated, of the name and
        position description of the employer representative.

Note Employer representatives must meet the requirements set out in sections
73(2)(a) and 73(2)(b) of the Act.

(2) If an issue arises before an employer representative has been notified in
accordance with subregulation (1) and the employer is not available, the
senior manager employed by the employer in that part of the workplace where
the issue has arisen is to be the employer representative for the purpose of
attempting to resolve the health and safety issue.



(3) Only a health and safety representative, or if there is no health and
safety representative, an employee nominated under subregulation (4), can act
on behalf of employees affected by an issue.

Note Section 57 of the Act states that if a health and safety representative
ceases to hold office or is unable to exercise his or her powers then those
powers may be exercised by a deputy health and safety representative.

(4) If there is no health and safety representative, the employees affected by
an issue may nominate one or more employees to act on their behalf.

(5) At any stage in the resolution of an issue, a party may seek the
assistance of any relevant organisation of employees or of employers to assist
the parties to resolve the issue.