Unions and WHS

Under the both the Fair Work Act 2009 (Cth) and Work Health and Safety (WHS) Act 2011 (Qld), unions have a role in representing members, or persons eligible to be members, in relation to work health and safety (WHS).

WHS entry

A WHS entry permit holder is a union official that holds a Federal entry permit and State WHS entry permit. They may enter a workplace to:

Inquire about a suspected contravention of the WHS Act or the Electrical Safety Act 2002
Inspect employee records/information
Consult or advise workers in relation to WHS matters.

They must give notice of the entry and the suspected contravention to the PCBU and the person with management and control of the workplace, as soon as is reasonably practicable after entering the workplace (unless the notice would defeat the purpose of the entry or cause unreasonable delay in an urgent case).

The requirement to give the notice does not affect the ability of the WHS entry permit holder to enter the workplace before giving the notice. Where a notice sufficiently identifies a person or relevant union it is valid, despite any other formal defect, irregularity, or incorrect spelling or name of a person in the notice.

A WHS entry permit holder may remain at the workplace for the time necessary to exercise their powers (subject to the usual working hours at the workplace).

Under section 117 of the WHS Act, a WHS entry permit holder may:

Inspect any work system, plant, substance, structure or other thing that is relevant to the suspected contravention
Consult with the relevant workers and PCBU about the suspected contravention
Request to look at, and make copies of, records or documents kept at the workplace in hard copy or on a computer, that are directly relevant to the suspected contravention
Warn anyone they believe is exposed to a serious health or safety risk.

Under section 120 of the WHS Act, a WHS entry permit holder may:

Inspect or make copies of employee records
Inspect or make copies of other documents that are directly relevant to the suspected contravention.

Under section 121 of the WHS Act, a WHS entry permit holder may:

Consult and provide advice on WHS matters to one or more relevant workers who wish to participate in the discussions
Warn anyone they believe is exposed to a serious health or safety risk.

Master Builders has developed flowcharts to assist with WHS entry.

WHS disputes

A PCBU, worker or a HSR for a work group who is a party to an issue, may be assisted by a representative in resolving the issue

The role of the representative is generally to provide advice to their party on the issue which is subject to the resolution process and to assist in the discussions with a view to resolving the issue.

Under section 81(3) of the WHS Act entitles a representative of a party to enter the workplace for the purpose of attending discussions with a view to resolving the issue. Effective 29 July 2024, as part of amendments made to the WHS Act, a representative is able to notify a PCBU that they wish to be a party to a WHS issue and will be able to enter and remain at a workplace to attend discussions in relation to the WHS issue.

For assistance please contact us.