Law & Rights
Duty to consult
Fair and effective representation of workers is an essential aspect of the 2004 Act, which now has a new Part setting out the duty of employers to consult. This part, Part 4, came into effect January 1, 2006.
The consultative approach set out in the Act stresses the importance of talking to the people who actually do the work and listening to what they have to say.
Part 4 Duty of Employers to Consult
There are two new Sections in the Act - Sections 35 and 36 - that spell out that the employer must consult with the elected OHS Representative/s (where there is no OHS Rep, then with the employees) about:
- how consultation is going to happen
- identifying and assessing hazards or risks to health or safety at a workplace
- the measures to be taken to control risks
- the adequacy of facilities for the welfare of workers
- how to resolve health and safety issues
- how to monitor the health of workers
- information and training in safe working practices for workers
- the membership of any health and safety committee
- proposed changes that may affect the health and safety of employees including changes to the workplace, the plant, substances or other things used at the workplace or the way work is performed.
Further, the Act makes it clear that consultation must involve:
- sharing information;
- giving workers the opportunity to express their views; and
- taking those views into account.
In other words, consultation is more than your employer telling you what will happen. Consultation means considering your views and reaching an agreement that takes account of your concerns.
The 2007 Regulations also specify HOW the employer is to consult with elected OHS reps. This is covered by section 2.1.5 in the General Duties section of the regulations.
WorkSafe has produced a publication on consultaton: Consultation: A Users Guide
The 2004 Act can be downloaded (in both pdf and Word format) on the Victorian government legislation repository website.