Health and safety representation, work groups and HSR elections

If such a request is received, the Person Conducting Business or Undertaking (PCBU) must facilitate the formation of at least one work group for the HSR to represent.

Forming work groups

• Work groups are formed by negotiation and agreement between the PCBU and the workers who are proposed to form the work group or their representatives.
• A PCBU must take all reasonable steps to commence negotiations with the workers within 14 days after a request to elect a HSR is made.
• Negotiations will decide:
  • the number and composition of work groups to be represented by HSRs
  • the number of HSRs and deputy HSRs (if any) to be elected
  • the workplace to which the work groups will apply
  • the businesses to which the work groups apply.
• When forming or changing work groups, consider:
  • the number of workers
  • the views of the workers
  • the type of work carried out
  • 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
  • the extent to which any worker must move from place to place while at work
  • the diversity of workers and their work
  • the hazards and risks to health and safety at the workplace
  • whether workers are employees or contractors
  • whether the work is full-time, part-time, casual or short term
  • the times at which work is carried out and any arrangements at the workplace relating to overtime or shift work.
• After negotiations are complete, the PCBU must notify the workers of the outcome of the negotiations.
• Parties to an agreement on work groups may negotiate a variation at any time.

HSR elections

• The workers in a work group may decide how an election of a HSR is to be run.
• Any Persons Conducting Business or Undertaking must be informed of the election date as soon as practicable after the date has been decided.
• The election process may include consideration of the process to be followed where there is a tied vote. This is decided by the workers from the work group. Options may include the tied nominees determining who is the HSR, a recount of the votes, a fresh vote or pulling the name out of a hat.
• The PCBU must take all reasonable steps to ensure:
• all workers in the work group have the chance to nominate themselves or another member of the work group for the position of HSR (unless they have been disqualified) and vote in the election
• all workers in the work group and all relevant Persons Conducting Business or Undertaking are informed of the election outcome.
• If there is more than one work group, there must be separate HSR elections for each one.
• If the majority of workers in the work group agree, a union or other person or organisation may assist in conducting the election.
• The PCBU must provide reasonably necessary resources, facilities and assistance to enable elections to be conducted.
• An election is not required if the number of HSR nominees equals the number of HSR vacancies.
• A HSR for a work group holds office for three years.