Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:3_21
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 3 cl 21
Character Range: 2232301–2234341

21  Variation of designated work groups by request

Request
 (1) A request to the operator of a facility to enter into consultations to vary designated work groups that have already been established in relation to the members of the workforce at the facility may be made by:
 (a) any member of the workforce; or
 (b) if a member of the workforce requests a workforce representative in relation to the member to make the request to the operator—that workforce representative.

Consultations
 (2) The operator of a facility must, within 14 days after receiving a request under subclause (1), enter into consultations with:
 (a) if any member of the workforce made a request to vary designated work groups:
 (i) that member of the workforce; and
 (ii) the health and safety representative of each designated work group affected by the proposed variation; and
 (iii) each work group employer (if any) in relation to each designated work group affected by the proposed variation; and
 (b) if a workforce representative made a request to vary designated work groups:
 (i) if a member of a designated work group affected by the proposed variation requests that the operator enter into consultations with a workforce representative in relation to the group—that workforce representative; and
 (ii) the health and safety representative of each designated work group affected by the proposed variation; and
 (iii) each work group employer (if any) in relation to each designated work group affected by the proposed variation.

Variation
 (3) If:
 (a) consultations take place about the variation of designated work groups that have already been established; and
 (b) as a result of the consultations, it has been determined that the variation of some or all of those designated work groups is justified;
then, within 14 days after the completion of the consultations, the operator must, by notifying the members of the workforce who are affected by the variation, vary the designated work groups in accordance with the outcome of the consultations.