(1) The workers in a
work group may determine how an election of a health and safety representative
for the work group is to be conducted.
(2) However, an
election must comply with the procedures (if any) prescribed by the
regulations.
(3) If a majority of
the workers in a work group so determine, the election may be conducted with
the assistance of a union or other person or organisation.
(4) The person
conducting the business or undertaking to which the work group relates must
provide any resources, facilities and assistance that are reasonably necessary
or are prescribed by the regulations to enable elections to be conducted.
Penalty for this subsection:
(a) for
an individual, a fine of $12 500;
(b) for
a body corporate, a fine of $55 000.