Document ID: chunk:federal_register_of_legislation:F2016L00408:body:0:p12
Version: federal_register_of_legislation:F2016L00408
Segment Type: other
Provision Reference: 
Character Range: 28926–31978

how and when consultation must occur. The agreed consultation procedures should clarify key responsibilities of people in the workplace and clearly state when consultation is necessary.
Before consultation procedures can be agreed, you must genuinely consult about the proposed procedures with all affected workers, including any health and safety representatives for the relevant workers.
If procedures for consultation are agreed, they must be consistent with the requirements of the WHS Act and the consultation must be conducted in accordance with those procedures. For example, the procedures must include sharing of information, allowing workers a reasonable opportunity to express their views and cannot remove the powers of any health and safety representatives or the functions of any health and safety committee established for the workplace.
Agreed consultation procedures are likely to be most effective if they include:
    * the matters that require consultation
    * who will be consulted
    * the ways consultation will occur, for example, through regular meetings, tool-box talks or health and safety representatives
    * how information will be shared with workers and health and safety representatives
    * what opportunities will be provided for workers and health and safety representatives to give their views on proposed matters
    * how feedback will be given to workers and health and safety representatives
    * how consultation will occur with any workers who have special language and literacy needs
    * timeframes for reviewing the procedures.
The procedures may also include the provision of practical assistance for affected workers and health and safety representatives to facilitate the consultation process.  For example, opportunities may be made available for affected workers and their health and safety representatives to come together to consider the information that has been provided, to discuss the issues and form their views.
While more detailed procedures will assist in providing consistency and certainty of approach, the procedures should be flexible enough to respond to different circumstances (such as urgency).
In a small business with few workers, effective informal agreed procedures that are understood by everyone in the business should be sufficient, though these should be discussed and reinforced regularly. In larger workplaces, documented procedures are appropriate.
Consultation procedures should be monitored and reviewed to ensure they continue to be effective.

4.3        Consulting using health and safety representatives and committees

Health and safety representatives

A worker may ask you for the election of a health and safety representative to represent them on work health and safety matters. If a worker makes this request, 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