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WORK HEALTH AND SAFETY AND OTHER LEGISLATION AMENDMENT ACT 2024 - SECT 27
Amendment of s 72 (Obligation to train health and safety representatives)
27 Amendment of s 72 (Obligation to train health and safety representatives)
(1) Section 72 (2) , before paragraph (a) —
insert— (aa) allow a health and safety representative to choose the
training; and
(2) Section 72 (2) (a) , ‘time off work’—
omit.
(3) Section 72 (4) —
omit, insert— (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.
(4) Section 72 —
insert— (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).
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