Following the 2022 Review of Queensland’s Work Health and Safety Act 2011, and consideration of recommendations from the national 2018 Review of the Model Work Health and Safety Laws, the Queensland Government in March this year passed The Work Health and Safety and Other Legislation Amendment Act 2024 (WHSOLA Act). The Government is taking a staged approach to the introduction of these changes that will allow organisations time to make any necessary workplace preparations. This article is Part 1 of 2 in a series that looks at the amendments that come into effect from 20 May 2024, specifically relating to the support and representation for workers and Health and Safety Representatives (HSRs).
From May 20, only one amendment comes into force relating to worker representation and consultation, and this is will provide clarification regarding who can be involved in addressing WHS issues at a workplace, and in particular, which “entities” can represent HSRs and workers. A “suitable entity” for representing or assisting a worker or HSR, is defined as “a relevant union for the worker, or another entity authorised by the worker or representative to represent or assist them”. It’s important to note the relevant union being refereed to here is the union for which the worker or HSR is a member, or eligible to be a member.
As is the case with most legislation, there are exceptions/exclusions to the definition, and at times it is probably easier to understand these exceptions/exclusions to better understand what is allowed under the Act. In the example above, if the union is a different union to that for which the worker/HSR is a member or eligible to be a member, then that union is excluded from representing the worker/HSR. There are other exclusions, however, the intention of these amendments is to clarify who can and who can’t represent workers and HSRs for consultation on WHS matters.
One of the keys to effective WHS consultation and better management of WHS in general is via the inputs and knowledge of workers and HSRs. Proactively engaging with these stakeholders and understanding their powers under the Act and those of the entities who may represent workers and HSRs is essential to keeping communication channels open and effective, and will help to prevent the escalation of issues outside of the organisation.
In Part 2 in the June issue of Insight, we will take a more detailed look at the changes that come into effect on 29 July 2024 around WHS consultation, the regulatory powers of HSRs, and the intent to establish a more streamlined resolution process for WHS issues that are not able to be resolved at a workplace.
Please contact QRMC for more information or assistance.
