Determination of work groups

64 Determination of work groups

(1)

If a worker makes a request or the PCBU initiates the election of a health and safety representative under section 62, the PCBU must determine 1 or more work groups, in accordance with either subsection (2) or (3).

(2)

Unless a PCBU determines otherwise in accordance with subsection (3), a work group comprises all the workers in the business or undertaking.

(3)

A PCBU may determine 1 or more work groups if the PCBU considers that the work group described in subsection (2) would be inappropriate having regard to the structure of the business or undertaking.

(4)

If subsection (3) applies, the PCBU must—

(a)

ensure that the workers are grouped in a way that—

(i)

most effectively enables the health and safety interests of the workers to be represented; and

(ii)

takes account of the need for a health and safety representative to be accessible to the workers that he or she represents; and

(b)

have regard to any prescribed requirements.

(5)

Two or more PCBUs may, by agreement, determine 1 or more work groups that comprise workers who carry out work for any PCBU who is party to the agreement (a multiple PCBU work group arrangement)—

(a)

in accordance with subsection (3); and

(b)

subject to any prescribed requirements.

Compare: Model Work Health and Safety Act (Aust) s 51(1), (2), (3)