Dispute resolution

The dispute resolution provisions are located in Part 5, Division 7A of the Work Health and Safety Act 2011 (the WHS Act). These provisions facilitate timely resolution of work health and safety (WHS) disputes and provide certainty for parties where a dispute remains unresolved.

The dispute resolution process does not replace other issue resolution procedures under the WHS Act, but rather provides a subsequent avenue for disputes where they remain unresolved.

This means that parties to a WHS dispute must continue to make reasonable efforts to resolve the matter themselves, or with the assistance of an inspector, prior to resolution being sought under Part 5, Division 7A. This ensures that the intention of the WHS Act, to encourage parties to resolve issues at the workplace without need for escalation to either the regulator or an external tribunal, is achieved.

For more information on the general issue resolution process, view the issue resolution (PDF, 0.34 MB) fact sheet.

Who can be involved in dispute resolution under Part 5, Division 7A?

Parties in relation to a dispute, for the purposes of Part 5, Division 7A of the WHS Act, are limited to:

• the person conducting a business or undertaking involved with the dispute
• a worker affected by the WHS issue
• a health and safety representative affected by the WHS issue and
• a relevant union (i.e. a union who has members or is eligible to represent workers involved with the WHS issue).

In some circumstances, parties may also include a person’s representative or a suitable entity representing either worker(s) in a workgroup or a health and safety representative.

When do the dispute resolution provisions apply?

The dispute resolution provisions apply to any of the following categories of disputes under the WHS Act:

• matters about work health and safety that is subject to the issue resolution process under Part 5, Division 5 of the WHS Act
• access to information by health and safety representatives under section 70(1)(c) of the WHS Act
• a request by a health and safety representative for a 'suitable entity' to have access to a workplace under section 70(1)(g) of the WHS Act
• a matter about work health and safety that is subject to the issue resolution process under Part 5, Division 5
• cessation of work under Part 5, Division 6 of the WHS Act
• the giving of a notice or information to a health and safety representative under section 70(1)(cb) or (cc)
• matters relating to training for a health and safety representative (e.g. choice of training, attending training, payment of training costs and payment of the health and safety representative).

If a dispute is about the determination of work groups, variation of an agreement about the determination of work groups or a health and safety committee matter, then party to a dispute can also give notice to the industrial registrar of the Queensland Industrial Relations Commission (QIRC) for resolution if:

• an inspector has been appointed to assist the parties to the dispute to reach an agreement about the matter, and
• the inspector has made a decision about the dispute.

This means that, for disputes about the determination of work groups, variation of an agreement about the determination of work groups or a health and safety committee matter, unless a party to the issue has requested the assistance of an inspector, the dispute resolution provisions under Part 5, Division 7A of the WHS Act do not apply.

What happens if the dispute resolution provisions under Part 5, Division 7A do apply?

Where a WHS issue remains unresolved, a party to the issue may give the QIRC notice of the dispute.

Notice of the dispute must be in writing and include information on:

• the names of the parties involved in the dispute;
• the workplace where the dispute exists;
• the WHS matter being disputed; and
• whether a decision made by an inspector to exercise, or not exercise, their compliance powers under Part 10 of the WHS Act (i.e. to issue an improvement or prohibition notice to assist in resolving a dispute) is subject to review under Part 12 of the WHS Act.

A copy of the notice form can be found at: www.qirc.qld.gov.au (Form 73A).

If a relevant union for a worker affected by the WHS matter has not been named as a party to dispute in the notice to the QIRC, the union may notify the industrial registrar, in writing, that the union wants to participate in the resolution of the dispute.

Resolving a work health and safety dispute

In dealing with a dispute about a WHS issue, the QIRC may:

• consider the matter by means of mediation, conciliation or arbitration and, if dealt with by arbitration, make any order it considers appropriate for the prompt settlement of the dispute;
• review a decision made by an inspector to use their compliance powers to assist in resolving the issue, i.e. if an inspector issues an improvement notice to assist with resolving a dispute, the QIRC can review the inspector's decision and confirm, vary or set aside the inspectors decision; and
• decide not to deal with a dispute, and order costs, if they consider the matter to be frivolous, vexatious, misconceived or lacking substance.

Further information

For more information regarding the dispute resolution process visit the Queensland Industrial Relations Commission website at www.qirc.qld.gov.au/ or call 1300 592 987.