(1) For the purposes
of this Division, the following persons are parties to an issue —
(a) any
person conducting a business or undertaking that is involved in the issue;
(b) any
representative of a person or persons referred to in paragraph (a) who is
representing the person or persons in relation to the issue;
(c) any
worker affected by the issue;
(d) any
representative of a worker or workers referred to in paragraph (c) who is
representing the worker or workers in relation to the issue.
(2) A person
conducting a business or undertaking must ensure that the person’s
representative referred to in subsection (1)(b) (if any) —
(a) is
not a health and safety representative; and
(b) has
an appropriate level of seniority, and is sufficiently competent, to act as
the person’s representative.