(1) Negotiations
concerning work groups under this Subdivision must be directed only at the
following —
(a) the
number and composition of work groups to be represented by health and safety
representatives;
(b) the
number of health and safety representatives and deputy health and safety
representatives (if any) for each work group;
(c) the
workplace or workplaces to which the work groups will apply;
(d) the
businesses or undertakings to which the work groups will apply.
(2) A person
conducting a business or undertaking must, if asked by a worker, negotiate
with the worker’s representative in negotiations under this section
(including negotiations for a variation of an agreement) and must not exclude
the representative from those negotiations.
Penalty for this subsection:
(a) for
an individual, a fine of $12 500;
(b) for
a body corporate, a fine of $55 000.
(3) If agreement
cannot be reached on a matter relating to the determination of a work group
(or a variation of an agreement) within a reasonable time after negotiations
commence under this Subdivision, any party to the negotiations may ask the
regulator to appoint an inspector to assist the negotiations in relation to
that matter.
(4) The regulations
may prescribe the matters that must be taken into account in negotiations for
and determination of work groups and variations of agreements.