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Work Health and Safety Act 2011
52Negotiations for agreement for work group
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52 Negotiations for agreement for work group
(1) A work group is to be determined by negotiation and agreement
between—
(a) the person conducting the business or undertaking; and
(b) the workers who are proposed to form the work group or their
representatives.
(2) The person conducting the business or undertaking must take all
reasonable steps to commence negotiations with the workers—
(a) for a major construction project—when work on the project
commences; or
(b) in any other case—within 14 days after the day a request is
made under section 50 (Request for election of health and
safety representative).
(3) The purpose of the negotiations is to determine—
by health and safety representatives; and
health and safety representatives (if any) to be elected; and
(c) the workplace or workplaces to which the work groups will
apply.
(4) The parties to an agreement concerning the determination of a work
group or groups may, at any time, negotiate a variation of the
(5) The person conducting the business or undertaking must, if asked by
a worker, negotiate with the worker’s representative in negotiations
under this section (including negotiations for a variation of an
agreement) and must not exclude the representative from those
negotiations.
(6) A regulation may prescribe the matters that must be taken into
account in negotiations for, and determination of, work groups and
variations of agreements concerning work groups.
(7) In this section:
person conducting a business or undertaking includes the principal
contractor for a major construction project.