WHS Laws

HSRs are there to represent their fellow workers by raising, monitoring and resolving health and safety matters with their employer (also called PCBU in WHS laws).

It’s important to remember that HSRs are not expected to be the experts but are there to:

• Listen and consult with members of their work group
• Raise workers’ concerns to management
• Use their skills and powers to ensure that improvements are made.

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Health and safety rights and obligations

Below are summaries of basic rights and obligations found in state and territory health and safety laws:

• Work Health and Safety Act in ACT, NT, NSW, QLD, TAS, SA and ComCare
• Victorian OHS Act
• Western Australian S&H Act
• Offshore

These should only be used as a guide.

• Fair Work Act
• Common law: everyone has a common law right to refuse to perform immediately unsafe work
• Workers compensation laws
• Privacy and anti-discrimination laws

The Fair Work Act 2009includes health and safety laws in the definition of workplace rights (Section 340 of the Fair Work Act).

An important Federal Court decision in 2013 reaffirmed the right of HSRs to speak up and take action in efforts to improve health and safety.

The decision relates to the the Occupational Health and Safety Act2004 (Vic), but the principle applies to all health and safety laws.

“The OHS Act plainly contemplates that a HSR may have a different view from the employer as to the appropriate resolution of a particular health and safety issue. The right to advocate such a different view is an important workplace right and the dialogue it promotes serves an important occupational health and safety function. In my opinion, actions taken by a health and safety representative in asserting a particular position on a health and safety issue should not lightly be treated as constituting uncooperative or obstructive conduct.”

AMWU vs Visy Pty Ltd [2013] FCA 526. Justice Murphy paragraph 168.

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Remember: AMWU delegates, organisers and WHS officers are here to support you. Contact the Helpdesk here.

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Electing a HSR? Here are some useful resources

We’ve created a handy guide on how to elect a HSR here.

You can use these forms when forming work groups and electing HSRs: 

• Notice to employer/PCBU to negotiate work group
• Nomination form for HSR election
• Notice for election of HSR
• Notification to employer/PCBU on the election of HSR
• Notification to AMWU of election result
• Request for paid leave to attend approved training

Creating work group to elect HSRs has to be done according to the relevant laws. 

Make sure HSRs are elected by workers and not appointed by management.

Work health and safety laws give health and safety representatives (HSRs) the right to choose the training course they want to attend – including an approved course run by a union.

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To request training:

• Inform your employer you want to attend training
• Inform your employer of your preferred course (one conducted by a union/union’s approved provider) and invite them to suggest alternatives
• Consider the alternatives and (if relevant) give reasons for refusing.

This process comes from a decision of the NSW Industrial Relations Commission. It does not apply to HSRs in Victoria and WA.

You can use this form to request attending a course, in all states except Victoria and Western Australia.

And use this form your employer/PCBU refuses to allow you to attend the training course of your choice.

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TRAINING PROVIDERS