Work groups

On this page:

• What is a work group?
• Creating a work group
• Multiple-business work groups

What is a work group?

A work group usually consists of workers who perform similar types of work and have similar health and safety conditions within the workplace.

Work groups are formed so workers can be represented by one or more HSRs. Forming a work group is the first step to take before the election of one or more HSRs for that work group.

They represent the interests of workers and ensure that HSRs are accessible to work group members.

A work group should be structured to ensure that an HSR is able to effectively and conveniently represent group members.

Work groups are determined based on things like group size, work type and hazards, and are decided through negotiation and agreement between a person conducting business or undertaking (PCBU) and workers (or their representatives).

Creating a work group

If a worker requests that one or more HSRs be elected for the workplace, a PCBU must help workers set up one or more work groups.

Within 14 days of this request, the PCBU must begin negotiating with the workers. Associations and unions can assist in forming work groups. Matters to consider include:

• the number of workers
• the views of workers about how work groups are set up or changed
• the nature of each type of work type carried out by the workers
• the number and grouping of workers who carry out the same or similar types of work
• the areas or places where each type of work is carried out
• how much workers need to move from place to place while at work
• the diversity of workers and their work
• the nature of any hazards and risks to health and safety at workplaces
• the nature of the engagement of workers, for example as an employee or as a contractor
• the pattern of work carried out by workers, for example whether the work is full-time, part-time, casual or short-term
• the times at which work is carried out
• arrangements at the workplace or workplaces relating to overtime or shift work.

There is a failure of negotiations if:

• the PCBU has not taken all reasonable steps to start negotiations within 14 days after a request is made or a party to the agreement requests the variation of the agreement, or
• agreement cannot be reached within a reasonable time after negotiations commence.

Should negotiations fail, contact SafeWork NSW on 13 10 50 and an inspector will be appointed to assist with resolving the determination of the work groups.

Multiple-business work groups

If a group of workers carries out work for two or more PCBUs at one or more workplaces, a multiple-business work group may be established.

Examples of multiple-business work groups may include:

• a principal contractor and numerous sub-contractors working together on a construction site
• labour hire staff and the employees at a manufacturing site
• joint venture businesses
• a principal operator engaging workers from PCBUs such as airports, entertainment venues and hospitals.

Formation of multiple-business work groups must be determined by negotiation and agreement. Negotiations concerning work groups must be directed at the following:

• the business or undertaking to which the work groups will apply
• the workplace location/s of work groups
• the number and composition of work groups to be represented by HSRs
• the number of HSRs and deputy HSRs (if any) for each work group.

The aim is to create a practical arrangement that allows workers from different PCBUs to be effectively represented on health and safety matters.