Western Australian Consolidated Acts

MINES SAFETY AND INSPECTION ACT 1994 - SECT 55

55 .         Consultation on matters relevant to elections

        (1)         An employer must, within 21 days of being given notice under section 54 requiring the election of a safety and health representative, invite the employees who work at the mine in respect of which the notice is given to appoint a delegate or delegates in accordance with subsection (3).

        (2)         An employer may, at any time the employer requires the election of a safety and health representative for a mine, invite the employees who work at the mine to appoint a delegate or delegates in accordance with subsection (3).

        (3)         The employees who work at a mine may, upon being invited under this section to do so, appoint a delegate or delegates from amongst their number to represent them.

        (3a)         An employer must consult with the delegate or delegates, as the case requires, appointed under this section as to the matters which are required to be determined under this section.

        (4)         The matters which are required to be determined under this section in relation to an election are —

            (a)         the number of safety and health representatives to be elected for the mine; and

        [(b)         deleted]

            (ba)         the matters, areas or kinds of work in respect of which each safety and health representative is to perform functions, so far as those things are not to be dealt with by provision of a kind mentioned in section 55B(2) or (3); and

            (bb)         how a vacancy in an office of safety and health representative that occurs in the circumstances mentioned in section 57(2)(b), (ba), (c) or (d) is to be dealt with; and

            (c)         the person by whom and the manner in which the election is to be conducted.

        (4a)         The employer and the delegate or delegates consulting under subsection (3a) may determine that provision of a kind mentioned in section 55B(2) or (3) should be made.

        (5)         For the purposes of subsection (4)(c), but without limiting the generality of that provision, the employer and the delegate or delegates consulting under subsection (3a) may determine that —

            (a)         the Electoral Commissioner; or

            (b)         an organisation registered under Part II Division 4 of the Industrial Relations Act 1979 ,

                is to be requested to conduct an election.

        (6)         Any matter mentioned in subsection (4) that remains unresolved notwithstanding attempts to resolve it under subsection (3a) may be referred to the State mining engineer who must, if unable to resolve the matter to the satisfaction of each of the parties concerned, refer the matter to the Tribunal for determination.

        (7)         An employer who contravenes subsection (1) or (3a) commits an offence.

        [Section 55 amended by No. 30 of 1995 s. 62 and 76(4); No. 68 of 2004 s. 54 and 84(1); No. 16 of 2008 s. 23.]