Queensland Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 72

72 Obligation to train health and safety representatives

(1) The person conducting a business or undertaking must ensure, so far as is reasonably practicable, a health and safety representative for a work group for that business or undertaking has completed the training prescribed by regulation.

Penalty—

Maximum penalty—100 penalty units.

(2) The person conducting a business or undertaking must—

(aa) allow a health and safety representative to choose the training; and

(a) allow a health and safety representative to attend the training; and

(b) pay the training fees and any other reasonable costs associated with the health and safety representative’s attendance at the training.

Penalty—

Maximum penalty—100 penalty units.

(3) If—

(a) a health and safety representative represents a work group of the workers of more than 1 business or undertaking; and

(b) the person conducting any of those businesses or undertakings has complied with this section in relation to the representative;

each of the persons conducting those businesses or undertakings is to be taken to have complied with this section in relation to the representative.

(4) The person conducting the business or undertaking must pay a health and safety representative for a day (a
"relevant day" ) the health and safety representative attends a course of training—

(a) if the health and safety representative usually works for the person on the relevant day—the amount, including any overtime, penalties or allowances, the health and safety representative would otherwise be entitled to receive if the representative performed their normal duties for the person on that day; or

(b) if the health and safety representative usually works for the person on a weekend day but attends training on the relevant day instead of working on the weekend day—the amount, including any overtime, penalties or allowances, the health and safety representative would otherwise be entitled to receive if the representative worked on the weekend day for the person; or

(c) if paragraphs (a) and (b) do not apply—the amount the health and safety representative would be entitled to receive if the representative performed their normal duties for the person during the hours the representative attends the training.

(5) If agreement can not be reached between the person conducting a business or undertaking and a health and safety representative about a matter mentioned in subsection (2) (aa) , (a) or (b) or (4) (a) , (b) or (c) , either party may ask the regulator to appoint an inspector to assist in resolving the matter.

Note—

The issue resolution procedures in division 5 , and the dispute resolution process in division 7A , can also be used to resolve an issue in relation to a matter mentioned in subsection (2) (aa) , (a) or (b) or (4) (a) , (b) or (c) .