Western Australian Consolidated Acts Western Australian Consolidated Acts (1) An employer shall,
within 21 days of being given notice under section 29 requiring the
election of a safety and health representative, invite the employees who work
at the workplace in respect of which the notice is given to appoint a delegate
or delegates in accordance with subsection (3).
(2) An employer may,
at any time the employer requires the election of a safety and health
representative for a workplace of the employer, invite the employees who work
at the workplace to appoint a delegate or delegates in accordance with
subsection (3).
(3) The employees who
work at a workplace may, upon being invited under this section to do so,
appoint a delegate or delegates from amongst their number to represent them.
(3a) An employer shall
consult with the delegate or delegates, as the case requires, appointed under
this section as to the matters which are required to be determined under this
section.
(4) The matters
requiring to be determined under this section in relation to an election
are —
(a) the
number of safety and health representatives to be elected;
(b) the
matters, areas or kinds of work in respect of which each safety and health
representative is to exercise functions, so far as those things are not to be
dealt with by provision of a kind mentioned in section 30B(2) or (3);
(ba) how
a vacancy in an office of safety and health representative that occurs in the
circumstances mentioned in section 32(2)(b), (ba), (c) or (d) is to be
dealt with; and
(c) the
person by whom and the manner in which the election is to be conducted.
(4a) The employer and
the delegate or delegates consulting under subsection (3a) may determine
that provision of a kind mentioned in section 30B(2) or (3) should be
made.
(5) For the purposes
of subsection (4)(c), but without limiting the generality of that
provision, the employer and the delegate or delegates consulting under
subsection (3a) may determine that —
(a) the
Electoral Commissioner appointed under the Electoral Act 1907 ; or
(b) an
organisation registered under Part II Division 4 of the
Industrial Relations Act 1979 ,
is to be requested to
conduct an election.
(6) Any matter
mentioned in subsection (4) that remains unresolved notwithstanding
attempts to resolve it under subsection (3a) may be referred to the
Commissioner who shall, if unable to resolve the matter to the satisfaction of
each of the parties concerned, refer the matter to the Tribunal for
determination.
(7) If an employer
contravenes subsection (1) or (3a), the employer commits an offence.
[Section 30 inserted by No. 43 of 1987
s. 13; amended by No. 30 of 1995 s. 23 and 47; No. 51 of 2004
s. 41, 69(1) and 85.]