Div 7AWork health and safety disputes

Division 7A—Work health and safety disputes 102A—Definitions for Division dispute means a dispute about a WHS matter that exists between any of the following persons: (a) a person conducting a business or undertaking; (b) a worker affected by the WHS matter (or the personal representative of a deceased worker who was affected by the WHS matter); (c) a health and safety representative affected by the WHS matter; (d) a relevant union for the WHS matter; relevant union for a WHS matter, means a union— (a) of which a worker who works at the workplace is a member or eligible to be a member; and (b) whose rules entitle the union to represent the worker's industrial interests; WHS matter means any of the following matters: (a) access to information by a health and safety representative under section 70(1)(c); (b) a request by a health and safety representative for an assistant to have access to the workplace under section 70(1)(g); (c) a matter about work health and safety that is an issue to which Division 5 applies; (d) an issue about cessation of work under Division 6. 102B—Notice of dispute may be given to SAET (1) This section applies if a dispute remains unresolved at least 24 hours after any of the parties to the dispute has, under another provision of this Part, asked the regulator to appoint an inspector to assist in resolving the dispute. (2) A party to the dispute may give SAET written notice of the dispute. (3) The notice must state each of the following matters: (a) the names of the parties to the dispute; (b) the workplace where the dispute exists; (c) the WHS matter the subject of the dispute; (d) if, under this Part, an inspector has been appointed to assist the parties to reach an agreement or resolve the dispute—whether a decision made by the inspector to exercise, or not to exercise, compliance powers under Part 10 is being reviewed under Part 12. (4) On receiving the notice, SAET must publish it on a website prescribed by rules made under the South Australian Employment Tribunal Act 2014. (5) If a relevant union for a worker affected by the WHS matter is not named as a party to the dispute in the notice, the union may notify SAET, in writing, that the union wants to participate in the resolution of the dispute. (6) A relevant union that gives notice under subsection (5) is taken to be a party to the dispute for the purposes of this Division. 102C—Action for settling dispute (1) This section applies if notice of a dispute has been given under section 102B. (2) SAET (constituted as an industrial relations commission) may deal with the dispute in any way it thinks fit for the prompt settlement of the dispute, including— (a) by means of mediation, conciliation or arbitration; or (b) by making a recommendation or expressing an opinion; or (c) if there are reasonable grounds to believe that an offence has been committed under this Act, by referring a matter to the regulator for potential investigation. (3) Without limiting subsection (2), if SAET deals with the dispute by arbitration, SAET may make any order it considers appropriate for the prompt settlement of the dispute. (4) A person must not contravene an order made under subsection (3). (b) in the case of a body corporate—$100 000. 102D—Review of particular decisions made by inspector (1) In dealing with the dispute, SAET (constituted as an industrial relations commission) may review a decision (a compliance decision) made by an inspector to exercise, or not to exercise, compliance powers under Part 10 to assist in resolving the dispute. (2) If SAET reviews a compliance decision under subsection (1), SAET— (a) may decide to— (i) confirm or vary the compliance decision; or (ii) set aside the compliance decision and substitute another decision that SAET considers appropriate; or (iii) set aside the compliance decision and return the matter to the inspector who made it with directions that SAET considers appropriate; and (b) must give the regulator notice of— (i) SAET's decision to review the compliance decision; and (ii) any decision made by SAET under paragraph (a) (the review decision). (3) A notice mentioned in subsection (2)(b)(i) must state that any review of the compliance decision, or any stay of the operation of the compliance decision, under Part 12 ends on the making of SAET's decision to review the compliance decision under this section. (4) Despite section 102C(3), SAET must not make an order staying the operation of the compliance decision. (5) A compliance decision reviewed by SAET under this section is, from the time SAET decides to review the decision, taken not to be a reviewable decision under section 223. (6) If the compliance decision is or has been the subject of review proceedings under Part 12— (a) any review of the compliance decision, or any stay of the operation of the compliance decision, under that Part ends when SAET decides to review the compliance decision; and (b) subsection (5) does not affect the validity of any action taken under Part 12 before the making of SAET's decision to review the compliance decision. 102E—Decision not to deal with dispute (1) SAET (constituted as an industrial relations commission) may decide not to deal with a dispute about a WHS matter if— (a) notice of the dispute was not given in accordance with section 102B; or (b) SAET considers the WHS matter the subject of the dispute is frivolous, vexatious, misconceived or lacking in substance. (2) Subsection (1) does not limit the grounds on which SAET may decide not to deal with the dispute. (3) SAET may make a decision under subsection (1) on its own initiative. 102F—Costs (1) A party to a dispute notified to SAET under this Division must bear the party's own costs in relation to the dispute. (2) However, SAET may order a party (the first party) to pay costs incurred by another party in relation to the dispute if SAET is satisfied— (a) the WHS matter the subject of the dispute is frivolous, vexatious, misconceived or lacking in substance; and (b) the first party notified the dispute to SAET or has otherwise acted without reasonable cause in relation to the dispute. (3) If SAET orders the payment of costs, the amount ordered may be recovered in a court of competent jurisdiction as a debt.