Western Australian Consolidated Acts

OCCUPATIONAL SAFETY AND HEALTH ACT 1984 - SECT 31

31 .         Election of safety and health representatives

        (1)         In this section —

        election means an election required for the purpose of electing a safety and health representative following —

            (a)         the giving of a notice under section 29 in relation to a workplace; or

            (b)         a decision of an employer under section 30(2);

        relevant employee , in relation to an election, means —

            (a)         an employee who works at the workplace to which the election relates; or

            (b)         if a scheme has been established under section 30A for the election, an employee who —

                  (i)         works at a workplace; or

                  (ii)         is a member of a group of employees,

                to which the scheme applies.

        [(2)-(5)         deleted]

        (6)         Subject to this section, an election shall be conducted and safety and health representatives shall be elected in accordance with —

            (a)         any determination under section 30; and

            (b)         if applicable, a scheme established under section 30A.

        (6a)         If there is any inconsistency between a determination under section 30 and a scheme established under section 30A, the latter prevails.

        (7)         An election shall be by secret ballot.

        (8)         Every relevant employee is entitled to vote at an election.

        (8a)         Only a relevant employee is eligible to be elected as a safety and health representative at an election.

        (9)         If, after the relevant steps provided for by or under this Division have been taken, only one eligible candidate is nominated for election to an office of safety and health representative — 

            (a)         a ballot need not to be held; and

            (b)         that candidate shall be deemed to have been duly elected.

        (10)         The person conducting an election shall notify the Commissioner and the employer concerned of the results of the election.

        (11)         Where a question relating to an election arises, the matter may be referred by any person interested in the question to the Commissioner who shall, if he or she is unable to resolve the matter to the satisfaction of the persons concerned, refer the matter to the Tribunal for determination.

        [Section 31 inserted by No. 43 of 1987 s. 13; amended by No. 30 of 1995 s. 24 and 47; No. 51 of 2004 s. 43, 69(1) and 102(1).]