The Work Health and Safety and Other Legislation Amendment Act 2024 has introduced a requirement into the Work Health and Safety Act 2011 for Persons in Control of a Business or Undertaking (PCBU) to:
- notify workers in writing about their entitlement to request an election for 1 or more health and safety representatives
- explain the process for the determination of workgroups
- explain who may represent the workers in negotiations
- explain the process for the election of health and safety representatives
- explain the powers and functions of health and safety representatives, and
- invite the workers to ask the person to facilitate an election for 1 or more health and safety representatives if they would like to do so.
So if you are a PCBU and you don't have any Health & Safety Reps in your business, the term of your current HSR's has concluded, or they have stepped down, you best start writing up your announcements to all workers.
If anyone would like assistance with how to go about this, please contact our office, and one of our lovely consultants will be able to assist.
Below is the actual wording of section 50B of the Act.
50B Invitation to request election of health and safety representatives
(1) This section applies to a person conducting a business or undertaking if—(a) a health and safety representative has not been elected to represent workers who carry out work for the business or undertaking; or(b) the term of office of a health and safety representative for a work group ends under section 64(1); or(c) a health and safety representative for a work group ceases to hold office under section 64(2).
(2) The person conducting the business or undertaking must, at the time or within the period required under subsection (3)—(a) notify the workers who work for the business or undertaking in writing about the following matters—(i) that a worker may request an election for 1 or more health and safety representatives under section 50;(ii) the process for the determination of work groups;(iii) who may represent the workers in negotiations under section 52;(iv) the process for the election of health and safety representatives;(v) the powers and functions of health and safety representatives; and(b) invite the workers to ask the person to facilitate an election for 1 or more health and safety representatives under section 50.
(3) The person conducting the business or undertaking must take the action mentioned in subsection (2)(a) and (b)—(a) if subsection (1)(a) applies—(i) as soon as possible after the business or undertaking is first conducted; or(ii) as soon as possible after the commencement; or(iii) if a notification and invitation mentioned in subsection (2) have been given to the workers—within 1 year after the notification and invitation were last given; or(b) if subsection (1)(b) applies—as soon as reasonably practicable after the day the term of office of the health and safety representative ends; or(c) if subsection (1)(c) applies—as soon as reasonably practicable after the day the health and safety representative ceased to hold office.