Hi Renata - I've been advised that due to our company going through a transfer of business, all current HSRs and DHSRs will need to stand for re-election. I cannot find in the OHS Act 2004 where this is stated. Is this correct?
Thanks for your query about transfer of business and DWGs/HSRs. I think your problem is bigger than just re-electing HSRs.
S.43(2) of OHS Act states “The particulars of the designated work groups are to be determined by negotiation, in accordance with section 44, between the employer and employees” and s.44(2) states “if the negotiations result in agreement… the employer must establish the designated work group or groups (as agreed) by giving written notice to the employees.”
The issue you have is, as HSRs you cannot point to a negotiation with your current employer that has resulted in agreed DWGs. I would seek confirmation from your employer that they agree to the same DWGs as was in place under the original company owners. If they do not agree, then you need to enter negotiations per s.43. You do not need to use a form, but creating a written form of your request is advised. VTHC has a form that could help you through the process: DWG record template tool. Only once DWGs have been agreed can you move on to electing HSRs and deputies.
I know this is not ideal – it means the workforce is unrepresented until this matter is resolved. But my concern remains that if you were to seek to enforce a PIN or use your other statutory HSR powers under the current situation relying on the agreement with your previous employer, then you run the risk that WorkSafe will find that you are not a duly elected HSR.
