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63: Requirements for conducting elections
or “Rules for choosing health and safety representatives through elections”
You could also call this:

“How work groups are set up for health and safety representation”

When a worker asks for a health and safety representative to be elected, or when the person running the business decides to start this process, they need to set up work groups. Usually, all the workers in the business form one work group. But if this doesn’t work well for the business, they can split the workers into different groups.

If they do split the workers into groups, they need to do it in a way that helps represent the workers’ health and safety interests best. They also need to make sure the health and safety representative can easily talk to the workers they’re representing. There might be other rules they need to follow too.

Sometimes, two or more businesses might work together to create work groups that include workers from all of their businesses. This is called a multiple PCBU work group arrangement. They need to follow the same rules as a single business when they do this.

You can find more information about starting the election process for a health and safety representative in section 62 of this law.

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Next up: 65: Determination of numbers of health and safety representatives for work groups

or “Deciding how many health and safety reps a work group can have”
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Part 3 Worker engagement, participation, and representation
Health and safety representatives and health and safety committees: Determination of work groups

64Determination of work groups

  1. If a worker makes a request or the PCBU initiates the election of a health and safety representative under section 62, the PCBU must determine 1 or more work groups, in accordance with either subsection (2) or (3).

  2. Unless a PCBU determines otherwise in accordance with subsection (3), a work group comprises all the workers in the business or undertaking.

  3. A PCBU may determine 1 or more work groups if the PCBU considers that the work group described in subsection (2) would be inappropriate having regard to the structure of the business or undertaking.

  4. If subsection (3) applies, the PCBU must—

  5. ensure that the workers are grouped in a way that—
    1. most effectively enables the health and safety interests of the workers to be represented; and
      1. takes account of the need for a health and safety representative to be accessible to the workers that he or she represents; and
      2. have regard to any prescribed requirements.

        1. Two or more PCBUs may, by agreement, determine 1 or more work groups that comprise workers who carry out work for any PCBU who is party to the agreement (a multiple PCBU work group arrangement)—

        2. in accordance with subsection (3); and
          1. subject to any prescribed requirements.

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