Work health and safety

Pursuant to Part 5, Division 7A of the WHS Act, the dispute resolution provisions facilitate timely resolution of WHS disputes providing certainty for parties where a dispute remains unresolved.

A WHS dispute is a dispute that exist between any of the following:

• a person conducting a business or undertaking;
• a worker affected by a WHS matter;
• a health and safety representative (HSR) affected by a WHS matter; or
• a relevant union for a worker affected by a WHS matter; or
• a representative for a worker affected by a WHS matter.

A WHS dispute is a dispute about a WHS matter such as:

• issue resolution (under Part 5, Division 5 of the WHS Act);
• access to information by a health and safety representative (under s 70(1)(c) of the WHS Act in relation to hazards and the health and safety of workers in a work group);the giving of a notice or information to a HSR (under s 70(1)(cb) or (cc) of the WHS Act)
• a request by a HSR for a ‘suitable entity’ assisting the HSR to have access to the workplace (under s 70(1)(g) of the WHS Act);
• an issue regarding the obligation to train HSRs (such as the choice of training, attendance and payment of training costs - under s 72(2)(aa), (a) or (b), or s 72(4)(a), (b), or (c) of the WHS Act); 
• an issue about the right to cease or direct cessation of unsafe work (under Part 5, Division 6 of the WHS Act).

The intention of the WHS Act is to encourage parties to resolve issues at the workplace without the need for escalation to the Regulator or the Commission. However, if a WHS dispute remains unresolved, a party to the dispute may give the Industrial Registrar written notice of the dispute (see section 102B of the WHS Act).

Furthermore, if a WHS dispute is regarding the determination of a work group, a work group variation matter or a health and safety committee matter, then a party may give the Industrial Registrar written notice if an inspector has been appointed to assist the parties to the dispute to reach an agreement and that inspector has made a decision relating to the dispute (under s 54(5)(a) or (b), or s 76(6B) of the WHS Act).

The Commission may then:

• deal with the dispute in anyway it thinks fit, whether that be mediation, conciliation or arbitration; 
• if the matter is dealt with by arbitration,  make any order it considers appropriate for the prompt settlement of the dispute (see section 102C of the WHS Act);
• review a compliance decision made by an inspector and either confirm, vary or set aside that decision (see section 102D of the WHS Act); 
• decide not to deal with the dispute (and may order costs) if the Commission believes the matter to be frivolous, vexatious, misconceived or lacking substance (see section 102E of the WHS Act).

To notify the Commission of a WHS dispute please complete Form 73A - Notice of WHS dispute.

For more information about a WHS dispute please also visit Dispute resolution | WorkSafe.qld.gov.au.
 

Some of the decisions made by an inspector or the Regulator may be externally reviewed by the Commission in accordance with the WHS Act.  Schedule 2A of the Act outlines reviewable decisions and the relevant external review body.  Further information regarding the review process, including a List of reviewable decisions is also available on the Worksafe website - Review of decisions | WorkSafe.qld.gov.au.

Part 12, Division 4 of the WHS Act governs the processes of the Commission in externally reviewing a decision. An eligible person may apply to the Commission for a review of:

• decisions of the internal reviewer; or
• the original decision of the Regulator.

An application to the Commission must be filed within 30 calendar days from the day the applicant received or became aware of the original decision.  The Commission may also extend the period for the filing of an application for review.

An outcome of a review conducted by the Commission may:

• confirm or vary the original decision;
• set aside the original decision and substitute another decision; or
• set aside the original decision and return the matter to the decision-maker with appropriate directions.

To make an application for an external review by the Commission please complete Form 74 - Application for WHS review, ensuring to attach a copy of the decision seeking to be reviewed.

In accordance with s 131 of the WHS Act, a union (a Registered Industrial Organisation) may apply to the Industrial Registrar for the issue of a WHS entry permit to a person who is an official of the union (meaning a person who holds office in, or is an employee of, the union). Applications can be made by either state or federally Registered Industrial Organisations.

That official must also have satisfactorily completed the prescribed training and holds, or will hold, an entry permit under the Fair Work Act 2009 (Cth) or an industrial officer authority (AIO) (issued under s 337 of the Industrial Relations Act 2016). Further information on prescribed training courses may be found on the Safe Work Website.

Applications can be made by filing a Form 70 - Application for issue of a WHS entry permit.

For further information regarding WHS entry permits, see also Workplace entry by WHS entry permit holders | WorkSafe.qld.gov.au.
 

A WHS permit holder is a union official who holds an entry permit under the Fair Work Act 2009 (Cth) or an industrial officer authority (AIO) under the Industrial Relations Act 2016. 

Once an appropriate notice of entry is given (in accordance with s 119 of the Act), a WHS permit holder may enter a workplace to:

• inquire into a suspected contravention or breach of the WHS Act or the Electrical Safety Act 2002;
• inspect employee records and/or information; or
• consult or advise relevant workers in relation to WHS matters. 

For more information, you may also visit Workplace entry by WHS entry permit holders | WorkSafe.qld.gov.au.

A business should not refuse or delay entry of, or hinder or obstruct, a WHS permit holder.  Likewise, a WHS permit holder must not delay, hinder or obstruct any person or disrupt work at the workplace, or act in an improper manner.

Should a dispute arise with regards to right of entry, a party to the dispute may ask the Regulator to appoint an inspector to attend the workplace to assist in resolving the dispute (under s 141 of the WHS Act).

The Commission may also deal with the dispute about a right of entry under s 142 of the WHS Act, either;

• on its own initiative; or
• on application by the permit holder, a relevant union, the person conducting the business, the Regulator, or any other person affected by the exercise of the right of entry by the permit holder.

The Commission may deal with the dispute in any manner it thinks fit, including by means of mediation, conciliation or arbitration.  If dealing with the dispute through arbitration, the Commission may order one or more of the following in relation to a WHS entry permit:

• impose conditions;
• suspend or revoke the WHS entry permit;
• impose requirements for the future issue of a WHS entry permit to one or more persons; or 
• any other order considered appropriate.

To notify the Commission of a WHS right of entry dispute please complete Form 73 - Application to deal with a dispute about right of entry.

Urgent after-hours matters: If the Registry is closed and you wish to notify the Industrial Registrar of an urgent WHS entry dispute, you should call the after-hours and weekend phone number on 0466 745 897.