Part 3Incorporated documents

Part 3—Incorporated documents 13—Documents incorporated as in force when incorporated A reference to any document applied, adopted or incorporated by, or referred to in, these regulations is to be read as a reference to that document as in force at the time the document is applied, adopted, incorporated or referred to unless express provision is made to the contrary. 14—Inconsistencies between provisions If a provision of any document applied, adopted or incorporated by, or referred to in, these regulations is inconsistent with any provision in these regulations, the provision of these regulations prevails. 15—References to standards (1) In these regulations, a reference consisting of the words "Australian Standard" or the letters "AS" followed in either case by a number or a number accompanied by a reference to a calendar year is a reference to the standard so numbered published by or on behalf of Standards Australia. (2) In these regulations, a reference consisting of the expression "Australian/New Zealand Standard" or "AS/NZS" followed in either case by a number or a number accompanied by a reference to a calendar year is a reference to the standard so numbered published jointly by or on behalf of Standards Australia and the Standards Council of New Zealand. A person is only required to comply with an Australian Standard or Australian/New Zealand Standard that is applied, adopted or incorporated by, or otherwise referred to in, a regulation to the extent the regulation provides, whether expressly or by necessary implication. For example, in regulation 5, definition of boiler, there is an exception in paragraph (e)(iii). The definition does not require a person to comply with AS 2593:2004, but equipment must be certified in compliance with AS 2593:2004 in order to fall within that particular exception. The reference to an Australian Standard in this case is part of a description of equipment excluded from the definition of boiler. As a result, the equipment is not covered by particular provisions of these regulations relating to high risk work. Chapter 2—Representation and participation Part 1—Representation Division 1—Work groups 16—Negotiations for and determination of work groups Negotiations for and determination of work groups and variations of work groups must be directed at ensuring that the workers are grouped in a way that— (a) most effectively and conveniently enables the interests of the workers in relation to work health and safety to be represented; and (b) has regard to the need for a health and safety representative for the work group to be readily accessible to each worker in the work group. Under the Act, a work group may be determined for workers at more than one workplace (section 51(3)) or for workers carrying out work for 2 or more persons conducting businesses or undertakings at 1 or more workplaces (Subdivision 3 of Division 3 of Part 5 of the Act). 17—Matters to be taken into account in negotiations For the purposes of sections 52(6) and 56(4) of the Act, negotiations for and determination of work groups and variation of agreements concerning work groups must take into account all relevant matters including the following: (a) the number of workers; (b) the views of workers in relation to the determination and variation of work groups; (c) the nature of each type of work carried out by the workers; (d) the number and grouping of workers who carry out the same or similar types of work; (e) the areas or places where each type of work is carried out; (f) the extent to which any worker must move from place to place while at work; (g) the diversity of workers and their work; (h) the nature of any hazards at the workplace or workplaces; (i) the nature of any risks to health and safety at the workplace or workplaces; (j) the nature of the engagement of each worker, for example as an employee or as a contractor; (k) the pattern of work carried out by workers, for example whether the work is full‑time, part‑time, casual or short‑term; (l) the times at which work is carried out; (m) any arrangements at the workplace or workplaces relating to overtime or shift work.