Queensland Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 76

76 Constitution of committee

(1) Subject to subsections (2) to (4) , the constitution of a health and safety committee may be agreed between the person conducting the business or undertaking and the workers at the workplace.

(2) The membership of the committee must include—

(a) if there is a health and safety representative at a workplace and the representative consents to being a member—the representative; and

(b) if there is a work health and safety officer at the workplace—the officer.

(3) If there are 2 or more health and safety representatives at a workplace, those representatives may choose 1 or more of their number (who consent) to be members of the committee.

(4) At least half of the members of the committee must be workers who are not nominated by the person conducting the business or undertaking.

(5) If a party considers that the parties are unlikely to reach agreement within the period mentioned in section 75 (1) , the party may ask the regulator to appoint an inspector for the purposes of this section.

(6) An inspector appointed under subsection (5) must attempt to assist the parties to reach agreement about the constitution of a health and safety committee under this section.

(6A) Subsection (6B) applies if the inspector reasonably believes the parties are unlikely to reach agreement under this section within 7 days after the appointment.

(6B) The inspector must, within 7 days after the appointment—

(a) decide the constitution of the health and safety committee; or

(b) decide that a health and safety committee should not be established.

(7) A decision of an inspector under this section is taken to be an agreement under this section between the parties.

(8) A failure to comply with subsection (6) , (6A) or (6B) does not invalidate a decision or purported decision under subsection (6B) (a) or (b) .