Queensland Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 52

52 Negotiations for agreement for work group

(1) A work group must be determined by negotiation and agreement among the following parties—

(a) the person conducting the business or undertaking;

(b) the workers who are proposed to form the work group or their representatives;

(c) a relevant union for a worker who is proposed to form part of the work group if the union notifies the person conducting the business or undertaking, in writing, that the union wants to be a party to the negotiation and agreement.

(2) The person conducting the business or undertaking must take all reasonable steps to complete the negotiations within 14 days after a request is made under section 50 .

(3) The purpose of the negotiations is to determine—

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

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

(c) the workplace or workplaces to which the work groups will apply; and

(d) the businesses or undertakings to which the work groups will apply.

(4) The parties to an agreement concerning the determination of a work group or groups may, at any time, negotiate a variation of the agreement.

(4A) Subsection (4B) applies if—

(a) negotiations for a variation of an agreement concerning the determination of a work group or groups are started by the parties to the agreement; and

(b) a relevant union is not a party to the agreement.

(4B) The relevant union may become a party to the negotiations by notifying the person conducting the business or undertaking, in writing, that the union wants to be a party to the negotiations.

(5) For negotiations under subsection (1) or (4) , the person conducting the business or undertaking must negotiate with and must not exclude from the negotiations—

(a) if a worker has asked the person to negotiate with a representative of the worker—the worker’s representative; or

(b) if a relevant union has become a party to the negotiations under subsection (1) (c) or (4B) —the relevant union.

Penalty—

Maximum penalty—100 penalty units.

(5A) Subsection (5B) applies if—

(a) a representative for a worker or a relevant union is a party to the negotiations under subsection (1) or (4) ; and

(b) the parties to the negotiations agree that the negotiations are to be carried out at a workplace where 1 or more of the workers work.

(5B) The parties must—

(a) agree on when and where in the workplace the negotiations are to be carried out; and

(b) carry out the negotiations only at the agreed time and place.

(5C) The parties to the negotiations under subsection (1) or (4) may agree to extend the period for the negotiations.

(6) A regulation may prescribe the matters that must be taken into account in negotiations for and determination of work groups and variations of agreements concerning work groups.