Document ID: chunk:federal_register_of_legislation:F2016L00408:body:0:p13
Version: federal_register_of_legislation:F2016L00408
Segment Type: other
Provision Reference: 
Character Range: 31735–34506

work groups must be established
to facilitate the election. The process requires you and your workers to negotiate and agree on the formation of work groups.

Section 52(3): The purpose of the negotiations is to determine:
    * the number and composition of work groups to be represented by health and safety representatives;
    * the number of health and safety representatives and deputy health and safety representatives (if any) to be elected;
    * the workplace or workplaces to which the work groups will apply, and
    * the businesses or undertakings to which the work groups will apply.
A work group may operate across multiple businesses if all parties agree to such an arrangement.

Section 52-53: To establish a work group, the person conducting the business or undertaking must:

    * Take all reasonable steps to commence negotiations with the workers within 14 days after a worker makes the request.
    * Negotiate with a worker's representative (such as a union official) if a worker asks you to do so.
    * Notify the workers of the outcome of the negotiations and of any work groups determined by agreement as soon as practicable after negotiations are complete.

Section 54: If negotiations fail, you or a work group member can ask the regulator to appoint an inspector to assist negotiations and determine certain matters if negotiations remain unresolved.

Even if your workers do not make a request you can alert your workers to their rights to be consulted and to elect health and safety representatives under the WHS Act.
Where health and safety representatives have been elected, they must always be included in any consultation that affects, or is likely to affect, the health and safety of members of their work group.
The WHS Act and Regulations contain further provisions regarding health and safety representatives including the determination of work groups, conduct of elections and their functions and powers.

Health and safety committees

A health and safety committee brings together workers and management to assist in the development and review of health and safety policies and procedures for the workplace.

Section 75: A person conducting a business or undertaking must establish a health and safety committee within two months after being requested to do so by 5 or more workers, or by a health and safety representative, at the workplace.

Section 76: Health and safety representatives may choose to be members of the health and safety committee.  In total, at least half of the members of the committee must be workers who are not nominated by management.

If you and your workers cannot agree about the health and safety committee in a reasonable time, either party can ask the regulator to appoint an inspector to decide