Document ID: chunk:federal_register_of_legislation:C2007C00176:clause:1_16b
Version: federal_register_of_legislation:C2007C00176
Segment Type: clause
Provision Reference: sch 1 cl 16B
Character Range: 9056–11327

16B  Certificate evidencing employee representative's entitlement to be involved in consultations

 (1) If the Chief Executive Officer of Comcare is satisfied, on application by an employee representative, that an employee in relation to the employee representative has requested:
 (a) that the employee representative represent the employee in consultations held by an employer in the course of developing or varying health and safety management arrangements; and
 (b) that the identity of the employee not be revealed;
the Chief Executive Officer may issue a certificate to the effect that the employee representative is entitled to represent the employee in such consultations.

 (2) The application must be in the prescribed form.

 (3) The certificate must not identify any of the employees concerned. However, it must identify the employee representative, the employer and the proposed consultations.

 (4) An employee representative in relation to whom a certificate has been issued must not reveal the identity of an employee whom the employee representative is authorised by the certificate to represent.

 (5) The certificate ceases to have effect at the earlier of:
 (a) the time when the Chief Executive Officer of Comcare considers that each of the employees who requested to be represented by the employee representative in consultations identified by the certificate has requested that the certificate cease to have effect; and
 (b) the end of the 12 month period that started when the certificate was issued.

 (6) If a certificate ceases to have effect under paragraph (5)(a), the Chief Executive Officer of Comcare must notify the employee representative, and the employer, in writing.

 (7) A notification under subsection (6) is not a legislative instrument.

 (8) A certificate is, for all purposes of this Act, prima facie evidence of the matters stated in it.

 (9) The Chief Executive Officer of Comcare may delegate to the Deputy Chief Executive Officer of Comcare his or her power under subsection (1). The delegation must be in writing.

 (10) Nothing in this section implies that an employee representative in respect of whom a certificate has not been issued cannot represent employees in consultations with the employer of those employees.