Subdiv 6Obligations of person conducting business or undertaking to health and safety representatives

Subdivision 6—Obligations of person conducting business or undertaking to health and safety representatives 70—General obligations of person conducting business or undertaking (1) The person conducting a business or undertaking must— (a) consult, so far as is reasonably practicable, on work health and safety matters with any health and safety representative for a work group of workers carrying out work for the business or undertaking; and (b) confer with a health and safety representative for a work group, whenever reasonably requested by the representative, for the purpose of ensuring the health and safety of the workers in the work group; and (c) allow any health and safety representative for the work group to have access to information that the person has relating to— (i) hazards (including associated risks) at the workplace affecting workers in the work group; and (ii) the health and safety of the workers in the work group; and (d) with the consent of a worker that the health and safety representative represents, allow the health and safety representative to be present at an interview concerning work health and safety between the worker and— (e) with the consent of one or more workers that the health and safety representative represents, allow the health and safety representative to be present at an interview concerning work health and safety between a group of workers, which includes the workers who gave the consent, and— (f) provide any resources, facilities and assistance to a health and safety representative for the work group that are reasonably necessary or prescribed by the regulations to enable the representative to exercise his or her powers or perform his or her functions under this Act; and (g) allow a person assisting a health and safety representative for the work group to have access to the workplace if that is necessary to enable the assistance to be provided; and (h) permit a health and safety representative for the work group to accompany an inspector during an inspection of any part of the workplace where a worker in the work group works; and (i) provide any other assistance to the health and safety representative for the work group that may be required by the regulations. (2) The person conducting a business or undertaking must allow a health and safety representative to spend such time as is reasonably necessary to exercise his or her powers and perform his or her functions under this Act. (3) Any time that a health and safety representative spends for the purposes of exercising his or her powers or performing his or her functions under this Act must be with the pay that he or she would otherwise be entitled to receive for performing his or her normal duties during that period. 71—Exceptions from obligations under section 70(1) (1) This section applies despite section 70(1). (2) The person conducting a business or undertaking must not allow a health and safety representative to have access to any personal or medical information concerning a worker without the worker's consent unless the information is in a form that— (3) The person conducting a business or undertaking is not required to give financial assistance to a health and safety representative for the purpose of the assistance referred to in section 70(1)(g). (4) The person conducting a business or undertaking is not required to allow a person assisting a health and safety representative for a work group to have access to the workplace— (a) if the assistant has had his or her WHS entry permit revoked; or (b) during any period that the assistant's WHS entry permit is suspended or the assistant is disqualified from holding a WHS entry permit. (5) The person conducting a business or undertaking may refuse on reasonable grounds to grant access to the workplace to a person assisting a health and safety representative for a work group. (6) If access is refused to a person assisting a health and safety representative under subsection (5), the health and safety representative may ask the regulator to appoint an inspector to assist in resolving the matter. 72—Obligation to train health and safety representatives (1) A health and safety representative is entitled to take at least the prescribed number of days per year off work for the purposes of attending a course of training in work health and safety that is— (a) approved by the regulator; and (b) a course that the health and safety representative is entitled under the regulations to attend; and (c) subject to subsection (6), chosen by the health and safety representative, in consultation with the person conducting the relevant business or undertaking. (2) The person conducting a business or undertaking must, at the request of a health and safety representative for a work group for that business or undertaking, allow the health and safety representative to attend a course of training under subsection (1) (after undertaking the consultation referred to in subsection (1)(c)). (3) The person conducting the business or undertaking must— (a) as soon as practicable within the period of 3 months after the request is made, allow the health and safety representative time off work to attend the course of training; and (b) pay the course fees and any other reasonable costs associated with the health and safety representative's attendance at the course of training. (4) If— (a) a health and safety representative represents a work group of the workers of more than one business or undertaking; and (b) the person conducting any of those businesses or undertakings has complied with this section in relation to the representative, each of the persons conducting those businesses or undertakings is to be taken to have complied with this section in relation to the representative. (5) Any time that a health and safety representative is given off work to attend the course of training must be with the pay that he or she would otherwise be entitled to receive for performing his or her normal duties during that period. (6) If agreement cannot be reached between the person conducting the business or undertaking and the health and safety representative within the time required by subsection (3) as to the matters set out in subsections (1)(c) and (3), either party may ask the regulator to appoint an inspector to decide the matter. (7) The inspector may decide the matter in accordance with this section. (8) A person conducting a business or undertaking must allow a health and safety representative to attend a course decided by the inspector and pay the costs decided by the inspector under subsection (7). (9) For the purposes of this section, the prescribed number of days, in relation to a health and safety representative, is— (a) during the first year of the health and safety representative's term of office—5 days; and (b) during the second year of the health and safety representative's term of office—3 days; and (c) during the third year of the health and safety representative's term of office—2 days, (and if the health and safety representative is re‑elected at the end of a term of office then paragraphs (a), (b) and (c) will again apply during that new term of office). 73—Obligation to share costs if multiple businesses or undertakings (1) If a health and safety representative, or deputy health and safety representative (if any), represents a work group of workers carrying out work for 2 or more persons conducting businesses or undertakings— (a) the costs of the representative exercising powers and performing functions under this Act; and (b) the costs referred to in section 72(3)(b), for which any of the persons conducting those businesses or undertakings are liable must be apportioned equally between each of those persons unless they agree otherwise. (2) An agreement to apportion the costs in another way may be varied at any time by negotiation and agreement between each of the persons conducting the businesses or undertakings. 74—List of health and safety representatives (1) A person conducting a business or undertaking must ensure that— (a) a list of each health and safety representative and deputy health and safety representative (if any) for each work group of workers carrying out work for the business or undertaking is prepared and kept up to date; and (b) a copy of the up‑to‑date list is displayed— (i) at the principal place of business of the business or undertaking; and (ii) at any other workplace that is appropriate taking into account the constitution of the relevant work group or work groups, in a manner that is readily accessible to workers in the relevant work group or work groups. (2) A person conducting a business or undertaking must provide a copy of the up‑to‑date list prepared under subsection (1) to the regulator as soon as practicable after it is prepared. Division 4—Health and safety committees 75—Health and safety committees (1) The person conducting a business or undertaking at a workplace must establish a health and safety committee for the business or undertaking or part of the business or undertaking— (a) within 2 months after being requested to do so by— (i) a health and safety representative for a work group of workers carrying out work at that workplace; or (ii) 5 or more workers at that workplace; or (b) if required by the regulations to do so, within the time prescribed by the regulations. (2) A person conducting a business or undertaking at a workplace may establish a health and safety committee for the workplace or part of the workplace on the person's own initiative. If a health and safety committee is not required to be established, other consultation procedures can be established for a workplace—see Division 2 of this Part. 76—Constitution of committee (1) Subject to subsections (2) to (4), the constitution of a health and safety committee may be agreed between the person conducting the business or undertaking and the workers at the workplace. (2) If there is a health and safety representative at a workplace, that representative, if he or she consents, is a member of the committee. (3) If there are 2 or more health and safety representatives at a workplace, those representatives may choose one or more of their number (who consent) to be members of the committee. (4) At least half of the members of the committee must be workers who are not nominated by the person conducting the business or undertaking. (5) If agreement is not reached under this section within a reasonable time, any party may ask the regulator to appoint an inspector to decide the matter. (6) An inspector appointed on a request under subsection (5) may decide the constitution of the health and safety committee or that the committee should not be established. (7) A decision of an inspector under this section is taken to be an agreement under this section between the parties. 77—Functions of committee The functions of a health and safety committee are— (a) to facilitate co‑operation between the person conducting a business or undertaking and workers in instigating, developing and carrying out measures designed to ensure the workers' health and safety at work; and (b) to assist in developing standards, rules and procedures relating to health and safety that are to be followed or complied with at the workplace; and (c) any other functions prescribed by the regulations or agreed between the person conducting the business or undertaking and the committee. 78—Meetings of committee A health and safety committee must meet— (a) at least once every 3 months; and (b) at any reasonable time at the request of at least half of the members of the committee. 79—Duties of person conducting business or undertaking (1) The person conducting a business or undertaking must allow each member of the health and safety committee to spend the time that is reasonably necessary to attend meetings of the committee or to carry out functions as a member of the committee. (2) Any time that a member of a health and safety committee spends for the purposes set out in subsection (1) must be with the pay that he or she would otherwise be entitled to receive for performing his or her normal duties during that period. (3) The person conducting a business or undertaking must allow the health and safety committee for a workplace to have access to information that the person has relating to— (a) hazards (including associated risks) at the workplace; and (b) the health and safety of the workers at the workplace. (4) Despite subsection (3), the person conducting a business or undertaking must not allow the health and safety committee to have access to any personal or medical information concerning a worker without the worker's consent unless the information is in a form that— Division 5—Issue resolution 80—Parties to an issue (1) In this Division— parties, in relation to an issue, means the following: (a) the person conducting the business or undertaking or the person's representative; (b) if the issue involves more than one business or undertaking, the person conducting each business or undertaking or the person's representative; (c) if the worker or workers affected by the issue are in a work group, the health and safety representative for that work group or his or her representative; (d) if the worker or workers affected by the issue are not in a work group, the worker or workers or their representative. (2) A person conducting a business or undertaking must ensure that the person's representative (if any) for the purposes of this Division— (a) is not a health and safety representative; and (b) has an appropriate level of seniority, and is sufficiently competent, to act as the person's representative. 81—Resolution of health and safety issues (1) This section applies if a matter about work health and safety arises at a workplace or from the conduct of a business or undertaking and the matter is not resolved after discussion between the parties to the issue. (2) The parties must make reasonable efforts to achieve a timely, final and effective resolution of the issue in accordance with the relevant agreed procedure, or if there is no agreed procedure, the default procedure prescribed in the regulations. (3) A representative of a party to an issue may enter the workplace for the purpose of attending discussions with a view to resolving the issue. 82—Referral of issue to regulator for resolution by inspector (1) This section applies if an issue has not been resolved after reasonable efforts have been made to achieve an effective resolution of the issue. (2) A party to the issue may ask the regulator to appoint an inspector to attend the workplace to assist in resolving the issue. (3) A request to the regulator under this section does not prevent— (a) a worker from exercising the right under Division 6 of this Part to cease work; or (b) a health and safety representative from issuing a provisional improvement notice or a direction under Division 6 of this Part to cease work. (4) On attending a workplace under this section, an inspector may exercise any of the inspector's compliance powers under this Act in relation to the workplace.