Work Health and Safety Act 2011

This section applies in relation to a major construction project.

The principal contractor for the major construction project must, before work on the project commences, consult with each eligible union for the project about the following:

the number and composition of work groups to be represented by health and safety representatives on the major construction project;

the number of health and safety representatives and deputy health and safety representatives (if any) to be elected;

anything else prescribed by regulation.

Strict liability applies to each physical element of this offence (see s 12A).

Subsection (2) does not apply if the regulator has, under section 50B, exempted the principal contractor from complying with this section.

For the purposes of subsection (2), the principal contractor must give each eligible union written notice of the major construction project and the requirement to consult with the union about the matters mentioned in subsection (2).

For how documents may be given, see the Legislation Act, pt 19.5.

The notice must include a statement that, if the eligible union wants to participate in the consultation, the union must respond, in writing, to the notice not later than 14 days after receiving the notice.

The principal contractor is taken to have consulted with an eligible union if—

the principal contractor gives the eligible union a notice under subsection (4); and

the union fails to respond to the notice within the time mentioned in subsection (5).

To remove any doubt, this section does not give an eligible union a right of entry to the workplace.