44Negotiation of agreement concerning designated work groups

44 Negotiation of agreement concerning designated work groups (1) Negotiations concerning designated work groups under this Division must be directed only at the following— (a) the manner of grouping, into one or more designated work groups, employees at one or more workplaces that— (i) best and most conveniently enables the interests of those employees relating to occupational health and safety to be represented and safeguarded; and (ii) best takes account of the need for a health and safety representative for the designated work group or groups to be accessible to each member of the group; (b) the number (which must be at least one) of health and safety representatives for each designated work group; (c) the number of deputy health and safety representatives (if any) for each designated work group; (d) the term of office (not exceeding 3 years) of each health and safety representative and deputy health and safety representative (if any); (e) whether the health and safety representative or representatives for the designated work group or groups are authorised also to represent independent contractors, or a class of independent contractors, engaged by the employer, and any employees of such independent contractors, who work at a workplace at which members of the designated work group or groups work. (2) If the negotiations result in agreement on the particulars mentioned in subsection (1), the employer must establish the designated work group or groups (as agreed) by giving written notice to the employees. (3) The parties to an agreement concerning a designated work group or groups may, at any time, negotiate a variation of the agreement. (4) If a variation is agreed, the employer must vary the agreement by giving written notice to the employees. (5) In negotiations concerning a designated work group or groups (including negotiations for a variation of an agreement), an employee or a group of employees may be represented by any person authorised by the employee or group (as the case may be). (6) An agreement concerning a designated work group or groups must only deal with the particulars mentioned in subsection (1). Certain matters must be taken into account in negotiations for an agreement or a variation of an agreement (see section 46).