Health and Safety at Work Act 2015

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