25AElection of health and safety representatives

#### 25A Election of health and safety representatives (1) If: (a) there is a vacancy in the office of health and safety representative for a designated work group; and (b) within a reasonable time after the vacancy occurs, a person has not been selected under paragraph 25(3)(a); the employer of the employees in the designated work group must invite nominations from all employees in the group for election as the health and safety representative of the group. (2) If the office of health and safety representative is vacant and the employer has not invited nominations within a further reasonable time that is no later than 6 months after the vacancy occurred, the Commission may direct the employer in writing to do so. (3) A direction by the Commission under subsection (2) is not a legislative instrument. (4) If there is more than one candidate for election at the close of the nomination period, the employer must conduct, or arrange for the conduct of, an election at the employer’s expense. (5) An election conducted or arranged to be conducted under subsection (4) must be conducted in accordance with regulations made for the purposes of this subsection if this is requested by the lesser of: (a) 100 employees normally in the designated work group; or (b) a majority of the employees normally in the designated work group. (6) If there is only one candidate for election at the close of the nomination period, that person is taken to have been elected. (7) A person cannot be a candidate in the election if he or she is disqualified under section 32. (8) All the employees in the designated work group are entitled to vote in the election. (9) An employer conducting or arranging for the conduct of an election under this section must comply with any relevant directions issued by the Commission.