Div 2Health and safety representatives

Division 2—Health and safety representatives 18—Procedures for election of health and safety representatives (1) This regulation sets out minimum procedural requirements for the election of a health and safety representative for a work group for the purposes of section 61(2) of the Act. (2) The person conducting the election must take all reasonable steps to ensure that the following procedures are complied with: (a) each person conducting a business or undertaking in which a worker in the work group works is informed of the date on which the election is to be held as soon as practicable after the date is determined; (b) all workers in the work group are given an opportunity to— (i) nominate for the position of health and safety representative; and (ii) vote in the election; (c) all workers in the work group and all relevant persons conducting a business or undertaking are informed of the outcome of the election. 19—Person conducting business or undertaking must not delay election A person conducting a business or undertaking at a workplace must not unreasonably delay the election of a health and safety representative. 20—Removal of health and safety representatives (1) For the purposes of section 64(2)(d) of the Act, the majority of the members of a work group may remove a health and safety representative for the work group if the members sign a written declaration that the health and safety representative should no longer represent the work group. (2) A member of the work group nominated by the members who signed the declaration must, as soon as practicable— (a) inform the following persons of the removal of the health and safety representative: (i) the health and safety representative who has been removed; (ii) each person conducting a business or undertaking in which a worker in the work group works; and (b) take all reasonable steps to inform all members of the work group of the removal. (3) The removal of the health and safety representative takes effect when the persons referred to in subregulation (2)(a) and the majority of members of the work group have been informed of the removal. 21—Training for health and safety representatives (1) In approving a course of training in work health and safety for the purposes of section 72(1) of the Act, the regulator may have regard to any relevant matters including— (a) the content and quality of the curriculum, including its relevance to the powers and functions of a health and safety representative; and (b) the qualifications, knowledge and experience of the person who is to provide the course. (2) An approval by the regulator of a course of training in work health and safety for the purposes of section 72 may be varied or revoked by the regulator. (3) The regulator may impose conditions on an approval under this regulation and may vary those conditions. (4) For the purposes of section 72(1)(b) of the Act, a health and safety representative is entitled to attend any course of training approved by the regulator under this regulation and 5 days training under section 72(9)(a) of the Act will constitute initial training for the purposes of sections 85(6) and 90(4) of the Act. This regulation prescribes courses of training to which a health and safety representative is entitled. In addition to these courses, the health and safety representative and the person conducting the business or undertaking may agree that the representative will attend or receive further training. Part 2—Issue resolution 22—Agreed procedure—minimum requirements (1) This regulation sets out minimum requirements for an agreed procedure for issue resolution at the workplace. (2) The agreed procedure for issue resolution at a workplace must include the steps set out in regulation 23. (3) A person conducting a business or undertaking at a workplace must ensure that the agreed procedure for issue resolution at the workplace— (a) includes the steps specified in regulation 23; and (b) is set out in writing; and (c) is communicated to all workers to whom the agreed procedure applies. (b) In the case of a body corporate—$18  000. 23—Default procedure (1) This regulation sets out the default procedure for issue resolution for the purposes of section 81(2) of the Act. (2) Any party to the issue may commence the procedure by informing each other party— (a) that there is an issue to be resolved; and (b) the nature and scope of the issue. (3) As soon as parties are informed of the issue, all parties must meet or communicate with each other to attempt to resolve the issue. (4) The parties must have regard to all relevant matters, including the following: (a) the degree and immediacy of risk to workers or other persons involved in the issue; (b) the number and location of workers and other persons affected by the issue; (c) the measures (both temporary and permanent) that must be implemented to resolve the issue; (d) who will be responsible for implementing the resolution measures. (5) A party may, in resolving the issue, be assisted or represented by a person nominated by the party. (6) If the issue is resolved, details of the issue and its resolution must be set out in a written agreement if any party to the issue requests this. Under the Act, parties to an issue include not only a person conducting a business or undertaking, a worker and a health and safety representative, but also representatives of these persons (see section 80 of the Act). (7) If a written agreement is prepared all parties to the issue must be satisfied that the agreement reflects the resolution of the issue. (8) A copy of the written agreement must be given to— (a) all parties to the issue; and (b) if requested, to the health and safety committee for the workplace. (9) To avoid doubt, nothing in this procedure prevents a worker from bringing a work health and safety issue to the attention of the worker's health and safety representative. Part 3—Cessation of unsafe work 24—Continuity of engagement of worker For the purposes of section 88 of the Act, the prescribed purposes are the assessment of eligibility for, or the calculation of benefits for, any benefit or entitlement associated with the worker's engagement, including 1 or more of the following: (a) remuneration and promotion, as affected by seniority; (b) superannuation benefits; (c) leave entitlements; (d) any entitlement to notice of termination of the engagement.