What matters can worker representatives, suitable entities and relevant unions be involved in?
The Work Health and Safety and Other Legislation Amendment Act 2024 introduces changes to clarify who can represent workers and streamlines issue and dispute resolution processes. Learn more about the changes
Persons should be aware that relevant unions can be involved in particular matters in a variety of capacities (either as a suitable entity or in their own capacity as a relevant union).
Learn more about who representatives, suitable entities and relevant unions are.
Matter | When does this start? |
|---|---|
A suitable entity can assist workers in conducting the election of a Health and Safety Representative (HSR). | 20 May 2024 |
A HSR may request assistance from a suitable entity (this allows the suitable entity to have access to a workplace where it is relevant to assisting the HSR). | 20 May 2024 |
A suitable entity representing a HSR or worker can be party to an issue under Part 5, Division 5. This includes for matters such as – the election of HSRs, use of HSR powers, constitution of HSCs etc. | 20 May 2024 |
A suitable entity representing the worker may apply for an order to the Queensland Industrial Relations Commission for civil discriminatory conduct proceedings. | 29 July 2024 |
Matter | Requirements | When does this start? |
|---|---|---|
A relevant union can be party to a dispute under Part 5, Division 7A. | If the relevant union is not named as a party to the dispute in the notice to the industrial registrar, the union may notify the registrar in writing that the union wants to participate in the resolution of the dispute. | 20 May 2024 |
A relevant union can be party to negotiations of workgroup agreements* | Notify the Person in control of a business or undertaking (PCBU) in writing, that they wish to be party to the negotiation and agreement. This includes for negotiations where the relevant union was not previously a party (e.g., variations). | 29 July 2024 |
A relevant union can be party to an issue under Part 5, Division 5. This includes for matters such as – the election of HSRs, use of HSR powers, constitution of HSCs etc.* | In writing notify the PCBU that they wish to be party to the issue. | 29 July 2024 |
A relevant union may apply for an order for a WHS civil penalty provision in relation to sections 126, 144(1), 145, 146, 147(1). | Nil. | 29 July 2024 |
*Note that where a matter has started but not concluded on 29 July 2024, a relevant union will be unable to become a party for those matters.
Matter | Requirements | When does this start? |
|---|---|---|
A worker representative can be involved in work group agreements. | Where authorised by the worker. | 29 July 2024 |
A worker representative can be involved in consultation under Part 5, Division 2 | Where the worker asks the PCBU for the representative to be involved. | 29 July 2024 |