Issues an Inspector can decide

Work groups for a single business

If there is a failure of negotiations over an agreement or a variation to an agreement for work group(s) within a single business or undertaking, an inspector can be appointed to make a decision on the agreement. An inspector can only help resolve issues involving multiple businesses or undertakings.

An inspector may decide:

  • the number and composition of work groups
  • the number of health and safety representatives (HSR) and deputies to be elected
  • the workplace/s the work groups will apply to
  • the business or undertaking the work group/s will apply to
  • anything that is the subject of the proposed variation
  • that the work group should not be formed
  • that the agreement should not be varied.

If the request is being made by a person authorised to represent a worker or group of workers, verbal or written confirmation of the authorisation will be required.

Health and safety representatives (HSRs)

If agreement can’t be reached between the PCBU and the HSR within three months, an inspector can be appointed to decide the matter.

An inspector may decide:

  • the course the HSR should attend
  • issues related to paid time off work to attend the course
  • payment of course fees and any other reasonable costs associated with attending the course
  • the time period since the HSR requested training.

If the HSR training has been requested by people entitled to request the training, confirmation details will be required.

Health and safety committees

If agreement can’t be reached about the constitution of a health and safety committee within a reasonable time, an inspector may be appointed to decide the constitution — or that the committee should not be established.

An inspector may also be appointed to decide any matters about the constitution of committees under repealed legislation which have not been adjusted to comply with the Work Health and Safety Act 2012.

Provisional improvement notices (PINs)

Within 7 days of a PIN being issued, the person (worker) who it was issued to or the PCBU at the workplace may ask an inspector to review the notice.

The PIN remains operational until the inspector makes a decision on the review.

An inspector can review a PIN even if the period for compliance with the notice has expired.

The inspector will review the PIN and will enquire into the circumstances of the PIN. The inspector will either:

  • confirm the PIN
  • confirm the PIN with changes
  • cancel the PIN.

A copy of the inspector’s decision will be given to the person who requested the review and the HSR who issued the notice.

The person requesting the review of the PIN will need to provide information confirming that:

  • the PIN is within the 7 day period after it was issued
  • the HSR who issued the PIN is duly elected under the WHS Act
  • the HSR has completed PIN training.