Queensland Numbered Acts

WORK HEALTH AND SAFETY AND OTHER LEGISLATION AMENDMENT ACT 2024 - SECT 17

17 Insertion of new pt 5, div 1AA

Part 5 , before division 1 —
insert—

Division 1AA - Preliminary

45A Definitions for part In this part—

"excluded entity" , for representing or assisting a worker or the health and safety representative for a worker, see section 45B.

"relevant union" , for a worker, whether the worker is a health and safety representative or another worker, means a union—

(a) of which the worker is a member or is eligible to be a member; and

(b) whose rules entitle the union to represent the worker’s industrial interests.

"representative" , in relation to a worker, means—

(a) the health and safety representative for the worker; or

(b) a suitable entity for representing the worker that is authorised by the worker to represent the worker.

"suitable entity" , for representing or assisting a worker or the health and safety representative for a worker, means—

(a) a relevant union for the worker; or

(b) another entity that—

(i) is authorised by the worker or representative to represent or assist the worker or representative; but

(ii) is not an excluded entity for representing or assisting the worker or representative.

45B Meaning of excluded entity

(1) Each of the following entities is an
"excluded entity" for representing or assisting a worker or the health and safety representative for a worker—

(a) the following entities (each an
"excluded body" )—

(i) an entity, other than a union, that is an association of employees or independent contractors, or both;

(ii) an entity, other than a union or an association mentioned in subparagraph (i), that represents, or purports to represent, the industrial interests of the worker or representative;

(iii) an entity that demands or receives a fee from another excluded body, for representing, or purporting to represent, the industrial interests of the worker or representative;

(iv) a union that is not a relevant union for the worker;

(b) an individual who—

(i) is an officer or employee of an excluded body; or

(ii) is acting as an agent of an excluded body; or

(iii) is otherwise representing or purporting to represent an excluded body.

(2) An association of a type mentioned in subsection (1)(a)(i) is an excluded entity whether or not the association is registered or recognised as an association of that type (however described) under a State or Territory industrial law.

(3) Despite subsection (1)(b), an individual is not an excluded entity under subsection (1)(b)(iii) only because the individual is a member of an excluded body.