Section Sch2-10 — Health and Safety at Work Act 2015: Obligations of PCBU to health and safety representative

10 Obligations of PCBU to health and safety representative (1) Subject to clause 11 , the PCBU must— (a) consult, so far as is reasonably practicable, about health and safety matters with any health and safety representative for a work group of workers carrying out work as part of the conduct of the business or undertaking; and (b) confer with a health and safety representative for a work group, whenever reasonably requested by the representative, for the purpose of ensuring the health and safety of the workers in the work group; and (c) allow a health and safety representative to spend as much time as is reasonably necessary to perform his or her functions or exercise his or her powers under this Act; and (d) provide any health and safety representative for a work group with any information necessary to enable the health and safety representative to perform his or her functions or exercise his or her powers, including information relating to— (i) hazards (including associated risks) at the workplace affecting workers in a work group; and (ii) the health and safety of the workers in a work group; and (e) allow the health and safety representative to be present at an interview relating to health and safety between a worker and— (i) an inspector; or (ii) the PCBU at that workplace or the PCBU’s representative; and (f) allow the health and safety representative to be present at an interview concerning health and safety between a group of workers and— (i) an inspector; or (ii) the PCBU at that workplace or the PCBU’s representative; and (g) provide to a health and safety representative for the work group, any resources, facilities, and assistance that are reasonably necessary or prescribed by regulations to enable the representative to perform his or her functions and exercise his or her powers under this Act; and (h) allow a person assisting a health and safety representative for the work group to have access to the workplace if that is necessary to enable the assistance to be provided; and (i) permit a health and safety representative for the work group to accompany an inspector during an inspection of any part of the workplace where a worker in the work group works. (2) If a health and safety representative makes a recommendation regarding work health and safety, the PCBU must, within a reasonable time,— (a) adopt the recommendation; or (b) provide a written statement to the health and safety representative setting out the reasons for not adopting the recommendation. (3) Any time that a health and safety representative spends for the purposes of performing or exercising his or her functions or powers under this Act must be with the pay that he or she would otherwise be entitled to receive for performing his or her normal duties during that period. (4) A person who contravenes subclause (1) or (2) commits an offence and is liable on conviction,— (a) for an individual, to a fine not exceeding $10,000: (b) for any other person, to a fine not exceeding $50,000. Compare: Model Work Health and Safety Act (Aust) s 70