Subpart 2—Health and safety representatives and health and safety committees

Election of health and safety representatives

62 Election of health and safety representatives

(1)

A worker who carries out work for a business or undertaking may notify the PCBU that the worker wishes 1 or more health and safety representatives to be elected to represent workers who carry out work for that business or undertaking.

(2)

Subject to subsection (4), if a PCBU receives a notification under subsection (1), the PCBU must initiate the election of 1 or more health and safety representatives to represent workers who carry out work for that business or undertaking, within the time prescribed by regulations.

(3)

A PCBU may, on the PCBU’s own initiative, initiate the election of 1 or more health and safety representatives to represent workers who carry out work for that business or undertaking.

(4)

A PCBU is not required to initiate the election of 1 or more health and safety representatives, if the work of the business or undertaking—

(a)

is carried out by fewer than 20 workers; and

(b)

is not within the scope of any high-risk sector or industry prescribed by regulations for the purposes of this section.

(5)

A PCBU who seeks to rely on subsection (4) to refuse a worker’s request for the election of 1 or more health and safety representatives under subsection (1) must give written notice to that effect within a reasonable time to that worker.

(6)

The PCBU’s obligation to hold an election in response to a worker’s request for the election of 1 or more health and safety representatives under subsection (1) applies only in relation to holding an election for the work group to which that worker belongs.

(7)

A person who contravenes subsection (2) or (5) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $5,000:

(b)

for any other person, to a fine not exceeding $25,000.

Compare: Model Work Health and Safety Act (Aust) s 50