(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—
is carried out by fewer than 20 workers; and
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,—
for an individual, to a fine not exceeding $5,000:
for any other person, to a fine not exceeding $25,000.
Compare: Model Work Health and Safety Act (Aust) s 50