Related links
Overview of the Relevant Legislation
Summary of Consultative Provisions
Designated Work Groups
Role of Health and Safety Representatives
HSR Training Courses
Health and Safety Representatives : Designated Work Groups
Clauses 9 to 24 of Schedule 3 relates to Designated Work Groups, and are summarised below. A key feature is that the clauses enables the whole workforce at a facility to be included in one or more designated work groups. It does not limit any work group to the employees of a particular employer.
Any member of the workforce at a facility, or a workforce representative (if requested by a member of the workforce) may request the operator of the facility to enter into consultations about establishing or varying designated work groups at the facility. The operator is then obliged to commence these consultations within 14 days. Even if no such request is made, an operator may decide to commence consultations to establish or vary designated work groups at any time.
The consultation must involve the member of the workforce and/or workforce representative who made the request. It must also involve any current health and safety representatives and any employers of members of the workforce who may be affected.
The consultations must attempt to arrive at a grouping of the members of the workforce that "best and most conveniently enables their interests relating to OHS to be represented and safeguarded" and that "best takes account of the need for any health and safety representative selected for a designated work group to be accessible to each group member".
The consultations must have particular regard to:
- The number of members of the workforce at the facility to which the consultation relates;
- The nature of each type of work performed by the workforce;
- The number and grouping of persons who perform the same or similar work;
- The workplaces where each type of work is performed;
- The nature of any risks to health and safety at each workplace; and
- Any overtime or shift working arrangements.
If there is a disagreement during the consultations, any party to the consultations may refer the matter to the Australian Industrial Relations Commission.
Although these clauses have been written as if they apply to a single facility, the Schedule does not appear to prevent designated work groups being formed across a group of related facilities.
top