South Australian Current Acts

WORK HEALTH AND SAFETY ACT 2012 - SECT 102B

102B—Notice of dispute may be given to SAET

        (1)         This section applies if a dispute remains unresolved at least 24 hours after any of the parties to the dispute has, under another provision of this Part, asked the regulator to appoint an inspector to assist in resolving the dispute.

        (2)         A party to the dispute may give SAET written notice of the dispute.

        (3)         The notice must state each of the following matters:

            (a)         the names of the parties to the dispute;

            (b)         the workplace where the dispute exists;

            (c)         the WHS matter the subject of the dispute;

            (d)         if, under this Part, an inspector has been appointed to assist the parties to reach an agreement or resolve the dispute—whether a decision made by the inspector to exercise, or not to exercise, compliance powers under Part 10 is being reviewed under Part 12.

        (4)         On receiving the notice, SAET must publish it on a website prescribed by rules made under the South Australian Employment Tribunal Act 2014 .

        (5)         If a relevant union for a worker affected by the WHS matter is not named as a party to the dispute in the notice, the union may notify SAET, in writing, that the union wants to participate in the resolution of the dispute.

        (6)         A relevant union that gives notice under subsection (5) is taken to be a party to the dispute for the purposes of this Division.