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Consultation

Last updated October 2024

This chapter explains your consultation obligations under health and safety legislation, and ways you can meet them.

What are your consultation obligations?

Health and safety legislation in all jurisdictions requires you to consult your workers about matters that are likely to affect their physical and psychological health, safety and welfare.

Important: The Work Health and Safety Act (WHS Act) defines the term ‘worker’ much more broadly than the Victorian Occupational Health and Safety Act 2004 (OHS Act). Under the WHS Act, the term ‘worker’ includes contractors.
Caution: A breach of the duty to consult can result in heavy penalties for individuals and businesses alike. The penalties differ between jurisdictions but can be in the hundreds of thousands of dollars!
Important: You may also have consultation obligations under a modern award or enterprise agreement to consult workers about workplace changes that are likely to significantly affect them. Introducing a new work health and safety (WHS) management system, or new plant and equipment, may constitute such a change.

Case Law: The Maritime Union of Australia v DP World (2014)

In The Maritime Union of Australia v DP World (2014), the union asked the Fair Work Commission (FWC) to rule whether the employer had complied with its obligation under the enterprise agreement to consult with unions regarding the introduction of a new drug and alcohol testing scheme. The union did not object to the introduction of the scheme – it simply objected to the lack of consultation.

Benefits of consultation

Consultation not only ensures that you comply with legislation, it also underpins the effectiveness of your safety management system.

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