173Election and removal of mine safety and health representatives—the WHS (MPS) Act, s 39(1)

173 Election and removal of mine safety and health representatives—the WHS (MPS) Act, s 39(1)

173 Election and removal of mine safety and health representatives—the WHS (MPS) Act, s 39(1)

(1) This section sets out procedural requirements for the election of a mine safety and health representative for a coal mine for the purposes of the WHS (MPS) Act, section 39(1).

(2) The mine operator of the mine, a union that represents workers at the mine and the majority of workers at the mine must determine how the election of mine safety and health representatives for the mine must be conducted.

(3) The regulator may, if reasonably satisfied an agreement cannot be reached—

(a) give a direction as to how the election must be conducted, and

(b) if necessary, direct the mine operator to appoint an independent person to conduct the election, being a person who—

(i) is specified in the direction, or

(ii) belongs to a class specified in the direction.

(4) Each person conducting a business or undertaking at the mine must be informed of the date on which the election must be held as soon as reasonably practicable after the date is determined.

(5) All workers at the mine must be given an opportunity to—

(a) nominate for the position to be elected, if eligible to be appointed to the position, and

(b) vote in the election.

(6) All workers at the mine and all relevant persons conducting a business or undertaking at the mine must be informed of the outcome of the election.

(7) For the WHS (MPS) Act, section 40(2)(d), the majority of the workers at a mine may remove a mine safety and health representative for the mine if the workers sign a written declaration that the representative should no longer represent the workers.

(8) A worker nominated by the workers who signed the declaration must, as soon as reasonably practicable—

(a) inform the mine safety and health representative who has been removed, and

(b) inform the mine operator of the mine of the removal, and