Queensland Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 287

287 Election of workplace health and safety representative preserved

(1) A workplace health and safety representative elected under the repealed Act, part 7 , division 3 , and holding office immediately before the repeal is taken from the repeal to have been elected as a health and safety representative, and to hold office for 3 years, under part 5 , division 3 , subdivision 4 of this Act.

(2) For the purpose of calculating the representative’s duration of office, the representative is taken to have been elected for a period of 3 years from the election under the repealed Act.

(3) Subsections (4) and (5) apply if, before the repeal, an employer has complied with the repealed Act, section 73 (2) for the election of a workplace health and safety representative but the election has not been conducted before the repeal.

(4) The election may be continued to be conducted under the repealed Act despite the repeal but within 3 months after the repeal.

(5) The person elected under subsection (3) is taken to be elected as a health and safety representative, and to hold office for 3 years, under part 5 , division 3 , subdivision 4 of this Act.

(6) The work group of the health and safety representative mentioned in subsection (1) or (5) is taken to be—

(a) the representative’s workplace; or

(b) if there is more than 1 representative for the workplace under the repealed Act—the part of the workplace within the representative’s area of representation.