Safety Matters - Rail, Tram and Bus Union of NSW

should collaborate closely to ensure that employee’s health and safety issues
and concerns are being addressed.
Note. Section 17 (3) of the Act provides that a Federal or State industrial
organisation of employees (that is, a State or Federal Union) may, on request,
represent employees for the purposes of consultation on occupational health,
safety and welfare under other agreed arrangements. This is enlarged in Clause
26 of the OHS Regulation.
This clause applies to other agreed arrangements for consultation referred to in
section 17 (3) of the Act, and provides that:
SECTION TWO
Safety Matters A Guide for Workplace OHS Representatives
Other agreed arrangements may comprise arrangements negotiated at
an industry level. Any such arrangements may be used by a particular
employer in the industry if the arrangements are agreed to by a majority
of the employees and, in their application to that employer, comply with
the requirements for consultation of the Act and this Regulation.
The Occupational Health and Safety Regulation 2001 (Chapter 3) specifies the
related obligations of the employer with respect to duty to consult
An employer has the following obligations in connection with OHS consultation
arrangements of the employer:
• to provide members of OHS committees or OHS representatives with
reasonable access to the employees they represent during working hours for
the purposes of communication (Clause 27 (1) (c))
• to provide reasonable facilities, and access during working hours to the
workplace, for the purposes of OHS consultation arrangements (including
for the purposes of conducting or holding elections, meetings and inspections)
((Clause 27 (1) (d))
• to ensure that employer representatives on an OHS committee participate in
the work of the committee on a regular basis,
• to ensure that employees participating in consultation (and in training for
consultation) in accordance with OHS consultation arrangements are paid
as if they were engaged in the duties of their employment (whether they
participate as representatives of employees or of the employer), (Clause 27
(1) (f))
• to pay the costs reasonably and necessarily incurred by employees in
connection with their participation in that consultation or training ( Clause 27
(1) (g))
Monitoring OHS Programs and Procedures
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