Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:3_41
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 3 cl 41
Character Range: 2261644–2264147

41  Health and safety committees

Establishment
 (1) A health and safety committee must be established in relation to the members of the workforce at a facility if:
 (a) the number of those members normally present at the facility is not less than 50 (whether or not those members are all at work at the facility at the same time); and
 (b) the members of the workforce are included in one or more designated work groups; and
 (c) the operator is requested to establish the committee by the health and safety representative for the designated work group or for one of the designated work groups.

Constitution
 (2) The health and safety committee consists of:
 (a) the number of members specified in an agreement reached between the operator and the members of the workforce; or
 (b) if there is no such agreement—an equal number of:
 (i) members, chosen by the members of the workforce, to represent the interests of members of the workforce; and
 (ii) members, chosen by the operator, to represent the interests of the operator and the employers (other than the operator) of members of the workforce.
 (3) The agreement referred to in paragraph (2)(a) may:
 (a) specify the persons who are to be members to represent the interests of the operator and employers (other than the operator) of members of the workforce; and
 (b) provide for the way in which persons who are to be members to represent the interests of members of the workforce are to be chosen.

Selection of members
 (4) If regulations made for the purposes of this clause specify procedures for the selection of persons as members of health and safety committees, to represent the interests of members of the workforce, an agreement referred to in paragraph (2)(a) must not provide for such members to be chosen in a way inconsistent with the regulations.

Meetings
 (5) A health and safety committee must hold meetings at least once every 3 months.
 (6) The procedure at meetings of a health and safety committee must, except to the extent provided for by the regulations, be the procedure agreed upon by the committee.
 (7) A health and safety committee must cause minutes of its meetings to be kept, and must retain those minutes for a period of not less than 3 years.

Other committees
 (8) This clause does not prevent an operator from establishing, in consultation with members of the workforce or any other persons, committees concerned with occupational health and safety in relation to undertakings carried on by the operator.