(1) Negotiations concerning work groups under this Subdivision must be directed only at the following:
(a) the number and composition of work groups to be represented by health and safety representatives;
(b) the number of health and safety representatives and deputy health and safety representatives (if any) for each work group;
(c) the workplace or workplaces to which the work groups will apply;
(d) the businesses or undertakings to which the work groups will apply.
(2) A person conducting a business or undertaking must, if asked by a worker, negotiate with the worker's representative in negotiations under this section (including negotiations for a variation of an agreement) and must not exclude the representative from those negotiations.
(a) in the case of an individual – $10 000; or
(b) in the case of a body corporate – $50 000.
Note for subsection (2)
Strict liability applies to each physical element of this offence – see section 12B.
(3) If agreement cannot be reached on a matter relating to the determination of a work group (or a variation of an agreement) within a reasonable time after negotiations commence under this Subdivision, any party to the negotiations may ask the regulator to appoint an inspector to assist the negotiations in relation to that matter.
(4) The Regulations may prescribe the matters that must be taken into account in negotiations for and determination of work groups and variations of agreements.