Hi Renata – “All of the HSRs at my workplace are shift workers and our employer will not adjust our rosters to allow us to meet unless it is a meeting with management. We want to be rostered off our usual work for a short period once a month so that we can meet in person, but management are refusing.”
HSRs have many rights and powers in the workplace – including the right to consult with their DWG and with other HSRs, and the right to participate in meetings with DWG members, health and safety committees and other HSRs. These are all integral parts of representing your DWG members. We have developed a guide to workplace representation - Getting OHS Representation Right - A Guide for Workers.
WorkSafe also has a guide to representation - Employee representation: A comprehensive guide to Part 7 of the Occupational Health and Safety Act 2004. Starting at page 5 of this WorkSafe publication is a section that very clearly outlines for your employer the importance of adequate consultation, including with HSRs. Also, at Part 8 (from page 53) is detail of the employer’s other obligations to HSRs, for example –
- s.69(1)(d) employers must allow HSRs to take such time away from their usual work, with pay, as is necessary to exercise their powers
- s.69(1)(e) employers must provide such other facilities and assistance to an HSR as are necessary to enable the HSR to exercise their powers
On page 56 of the guide, it specifically lists meetings with other HSRs as a matter that may be required for HSRs to fulfil their role – also, that it is not expected that HSRs carry out their role outside of work hours, although this may happen on occasion. Your employer scheduling regular meetings of HSRs at a suitable time (without management present) would satisfy these obligations. I suggest requesting monthly meetings to start with, or even better, request a few minutes be added for HSRs to meet before or after meetings with management to maximise efficient use of time.
We recommend consulting first with the other HSRs to ensure that you present a united stance on this matter, then approach your employer for resolution via negotiation. Consider using our Record of Consultation to document the process.
If your employer will not resolve this with reasonable consultation, we recommend contacting your union directly for support and assistance to pursue your rights to meet with other HSRs during paid time.
