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Work Health and Safety (Work Health and Safety Consultation, Co-operation and Co-ordination) Code of Practice 2015

made under the

Work Health and Safety Act 2011, section 274 (Approved Codes of Practice)

1 Name of instrument

This instrument is the Work Health and Safety (Work Health and Safety Consultation, Co-operation and Co-ordination) Code of Practice 2015.

2 Commencement

This instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.

3 Code of Practice Approval

I approve the Work Health and Safety Consultation, Co-operation and Co-ordination Code of Practice. I am satisfied that this code of practice was developed by a process described in section 274(2) of the Work Health and Safety Act 2011.

Michaelia Cash
Minister for Employment

17 December 2015

Date

WORK HEALTH AND SAFETY CONSULTATION, CO-OPERATION AND CO-ORDINATION

Code of Practice

TABLE OF CONTENTS

FOREWORD
1. INTRODUCTION
    1.1 Who has duties in relation to consultation, co-operation and co-ordination?
    1.2 Why is consultation important?
2. WHEN TO CONSULT with workers
    2.1 Managing risks
    2.2 Deciding on welfare facilities
    2.3 Making changes
    2.4 Developing procedures
3. WHAT IS EFFECTIVE CONSULTATIOn?
    3.1 Sharing information
    3.2 Providing reasonable opportunities to express views and contribute
    3.3 Taking views into account
    3.4 Advising outcomes of consultation
    3.5 To what extent should I consult?
    3.6 Must consultation be documented?
4. HOW to consult with workers
    4.1 What kind of consultation is best for your workplace?
    4.2 Agreeing on consultation procedures
    4.3 Consulting using health and safety representatives and committees
    4.4 Sharing consultation arrangements with other duty holders
    4.5 How should the consultation arrangements be reviewed?
5. HOw to consult, co-operate and co-ordinate activities with other duty holders
    5.1 Who must consult, co-operate and co-ordinate and with whom
    5.2 When must you consult, co-operate and co-ordinate with others?
    5.3 What is meant by consultation with other duty holders?
    5.4 What is meant by co-operation?
    5.5 What is meant by co-ordination?
    5.6 What if another duty holder refuses to consult or co-operate or co-ordinate?
APPENDIX A – EXAMPLES OF CONSULTATION ARRANGEMENTS
APPENDIX B – CONSULTATION CHECKLIST
APPENDIX C – CONSULTING, CO-OPERATING AND CO-ORDINATING ACTIVITIES

FOREWORD
This Code of Practice on how to meet the requirements for consultation, co-operation and co-ordination on work health and safety matters is an approved code of practice under section 274
of the Work Health and Safety Act (the WHS Act).
An approved code of practice is a practical guide to achieving the standards of health, safety and welfare required under the WHS Act and the Work Health and Safety Regulations (the WHS Regulations).
A code of practice applies to anyone who has a duty of care in the circumstances described in the code. In most cases, following