How inspectors deal with specific issues

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Determining unresolved particulars in DWG negotiations Agreement in DWG negotiations Section 44(2) of the OHS Act provides that if the negotiations result in agreement on the particulars listed in sub-section (1), the employer must establish the DWG by giving written notice to the employees. This means that the employer must provide a written statement setting out all of the particulars that have been agreed (or determined by an inspector) in relation to all DWGs at the workplace. This statement can be provided to all employees either by letter and/or, if available by email. Merely posting the document on a noticeboard is not considered to be sufficient. If there is a disagreement about the employee representative arrangements then either party can seek to negotiate a variation of the agreement in accordance with section 44(3) of the OHS Act. WorkSafe Victoria A guide for workplaces How inspectors deal with specific issues 14
7. Inspectors conducting an election of HSRs and/or deputy HSRs Section 54(4) of the OHS Act provides that members of a DWG can determine how an election for an HSR and deputy HSR is to be conducted. The employer has no role in determining how an election is to be conducted except where an employer who is a natural person is part of the relevant DWG. For guidance on conducting an election see worksafe. vic.gov.au and More information about electing HSRs (available at worksafe.vic.gov.au). Section 54(4) of the OHS Act also provides that if members of a DWG, whether of a single employer or multiple employers, cannot reach agreement within a reasonable time on how to elect their HSR or deputy HSR, any member of the DWG may ask WorkSafe to arrange for an inspector to conduct the election. The only other role under the OHS Act for inspectors is the provision of guidance or advice on election matters. The election process is the same for both the election of an HSR and deputy HSR. However, if an election is required of both roles and an inspector is requested to assist, the inspector will run two parallel but separate elections. A person may wish to nominate for a deputy HSR, if they are not elected as HSR. This would involve two elections, one following the other. Section 54(5) of the OHS Act provides that an election must be conducted in accordance with the procedures (if any) prescribed by the OHS Regulations. There are currently no such regulations. In either case, the election timing and venue will be determined, the role of DWG members confirmed, and notification will be sent to all DWG members calling for nominations. If only one nomination is received for the positions, the nominated DWG member will be declared elected. If there is more than one nomination for the positions, the candidates’ positions on the ballot paper will be determined by draw in the presence of an employee representative, voting will occur, and the votes will be counted using the preferential voting system (with candidates present if they wish to be). The successful candidates will be declared elected and the inspector (or VEC or other appointed person as relevant) will advise all relevant parties. Appointment of another person to conduct the election The inspector (with endorsement of the relevant WorkSafe manager) may appoint VEC or another person to conduct the elections on WorkSafe’s behalf. A decision made by an inspector to appoint a person to conduct an election of an HSR is a reviewable decision. It is WorkSafe policy that inspectors inform the relevant workplace parties of this right and provide a copy of the Internal review application form if requested to do so (available at worksafe.vic.gov.au). An inspector’s involvement in the election process The inspector, having determined the request was made by a DWG member, will meet first with the DWG member making the request and then separately with other relevant members of the DWG to obtain views about the disagreement. The inspector will provide advice on the conduct of elections. If the DWG members reach agreement during discussions, the inspector will ask the requesting party to withdraw their request for an inspector to conduct the elections. Otherwise, the inspector will proceed to conduct the elections or have the Victorian Electoral Commission (VEC) or other person appointed to conduct the elections. WorkSafe Victoria A guide for workplaces How inspectors deal with specific issues 15
Page 1 and 2: A guide for workplaces How inspecto
Page 3 and 4: Definitions: The following is a lis
Page 5 and 6: Inspectors entry to a workplace Co
Page 7 and 8: Entry reports and notices Prohibit
Page 9 and 10: 3. Application of Victorian OHS leg
Page 11 and 12: 5. Failure to consult on OHS matter
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Page 17 and 18: 9. Work cessations under section 74
Page 19 and 20: 10. Disputed PIN Section 60 of the
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Page 23 and 24: 12. Allegations of discrimination
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Page 33 and 34: Notes WorkSafe Victoria A guide for
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