Australian Capital Territory Numbered Acts

WORK HEALTH AND SAFETY AMENDMENT ACT 2018 (NO. 26 OF 2018) - SECT 5

in subdivision 5.3.1, insert

50A     Consultation with eligible unions—major construction project

    (1)     This section applies in relation to a major construction project.

    (2)     The principal contractor for the major construction project must, before work on the project commences, consult with each eligible union for the project about the following:

        (a)     the number and composition of work groups to be represented by health and safety representatives on the major construction project;

        (b)     the number of health and safety representatives and deputy health and safety representatives (if any) to be elected;

        (c)     anything else prescribed by regulation.

Maximum penalty:

        (a)     in the case of an individual—$10 000; or

        (b)     in the case of a body corporate—$50 000.

Note     Strict liability applies to each physical element of this offence (see s 12A).

    (3)     Subsection (2) does not apply if the regulator has, under section 50B, exempted the principal contractor from complying with this section.

    (4)     For the purposes of subsection (2), the principal contractor must give each eligible union written notice of the major construction project and the requirement to consult with the union about the matters mentioned in subsection (2).

Note     For how documents may be given, see the Legislation Act

, pt 19.5.

    (5)     The notice must include a statement that, if the eligible union wants to participate in the consultation, the union must respond, in writing, to the notice not later than 14 days after receiving the notice.

    (6)     The principal contractor is taken to have consulted with an eligible union if—

        (a)     the principal contractor gives the eligible union a notice under subsection (4); and

        (b)     the union fails to respond to the notice within the time mentioned in subsection (5).

    (7)     To remove any doubt, this section does not give an eligible union a right of entry to the workplace.

50B     Exemption from certain requirements under this part

    (1)     On application by the principal contractor for a major construction project, the regulator may, by written notice, exempt the principal contractor from complying with 1 or more of the following sections:

        (a)     section 50A;

        (b)     section 50C;

        (c)     section 52 (2) (a) (Negotiations for agreement for work group);

        (d)     section 72A (Obligation to train health and safety representatives—major construction project);

        (e)     a regulation under section 75 (Health and safety committees) requiring the principal contractor to establish a health and safety committee;

        (f)     section 79A (Obligation to train health and safety committee members—major construction project).

    (2)     The exemption is subject to the conditions stated in the notice of exemption.

    (3)     The regulator may issue guidelines in relation to the matters that may be taken into account when deciding whether to exempt the principal contractor for a major construction project from complying with section 50A.

    (4)     A guideline is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act

.

50C     Election of health and safety representatives—major construction project

    (1)     This section applies in relation to a major construction project.

    (2)     The principal contractor for the major construction project must, when work starts at the project, facilitate the conduct of an election of 1 or more health and safety representatives to represent workers who carry out work for the project.