Consultation within the Workplace

Consultation and cooperation within the workplace is now a mandatory requirement under the Work Health and Safety Act 2011 (WHS Act). Meaningful collaboration between the PCBU or duty holder and employees, contractors, sub-contractors, volunteers and suppliers, leads to benefits such as a safer workplace, lessened downtime (as a result of injuries or incidents), increased productivity and greater morale. 

The requirements are inclusive of all work health and safety matters including: 

  • Undertaking risk management activities;
  • Proposing changes that may affect workers;
  • Making decisions about any work health and safety procedures; and
  • The adequacy of facilities for the welfare of workers. 

Where a PCBU or duty holder has concurrent duties under the WHS Act with another PCBU, they must consult, cooperate and coordinate with each other and their workers, so far as is reasonably practicable. 

The WHS Act allows some flexibility in establishing consultation arrangements to best suit the consultation needs of the workers at the workplace. Health and safety representatives (HSRs) can be elected to represent various work groups and investigate health and safety issues. Furthermore, a health and safety committee (HSC) can be established, if:

  • Requested by the HSR; or
  • Requested by five or more workers; or
  • On the initiative of the PCBU or duty holder. 

The role of the HSC is to facilitate cooperation between the PCBU or duty holder and workers on health and safety matters in addition to the development of work health and safety standards, rules and procedures.

The legislation also allows other agreed arrangements to be set up, provided the arrangement is agreed to by the workers and is likely to result in better consultation and improved decision-making. Once established, consultation must be in accordance with the procedures agreed to between the PCBU or duty holder and the workers. Regardless of the arrangement, the obligation of the PCBU or duty holder to consult with all workers remains. 

Related Solutions:

Learn more about Consultation within the Workplace – Contact Us