Consultation with employees

Employers to consult with employees (section 35)

Employers must, so far as is reasonably practicable, consult with employees on certain matters related to health or safety that directly affect, or are likely to directly affect them. If employees are represented by an HSR, the consultation must involve that HSR (with or without the involvement of the employees directly). Unless it is not reasonably practicable to do so, the HSR should be involved a reasonable time before involving the employees.

The duty to consult also extends to independent contractors (including any employees of the independent contractor) engaged by the employer in relation to matters over which the employer has control.

The duty to consult with employees and independent contractors includes, for example, when an employer is:

• identifying or assessing hazards or risks to health or safety at a workplace under the employer’s management and control, or arising from the conduct of the undertaking of the employer
• making decisions about measures to control such risks
• making decisions about the adequacy of facilities for the welfare of employees of the employer
• proposing the following changes that may affect the health and safety of employees:
  • changes at a workplace under the employer's management and control
  • changes to plant or substances used at such a workplace
  • changes to the conduct of the work performed at such a workplace.

Employers who are required to consult with employees must share information about the matter with employees, including independent contractors and any HSRs. Employees must be given a reasonable opportunity to express their views and those views must be taken into account. If the employer and the employees have agreed to procedures for undertaking consultation about health and safety matters, the consultation must be undertaken in accordance with those procedures.

It is an offence not to comply with this section and penalties apply.

Employers to consult with other employers about duties relating to labour hire (section 35A)

Labour hire providers and host employers who have duties towards labour hire workers must, so far as is reasonably practicable, consult, cooperate and coordinate activities with other people who have a duty to the same worker.

It is an offence not to comply with this section and penalties apply.