What happens if there is a disagreement in relation to a WHS matter during consultation?

• While the WHS legislation obliges a person conducting the business or undertaking (‘PCBU’) to consult with workers on matters affecting their health and safety at work there is no obligation for workers and PCBUs to reach an agreement before a decision is made.

• If the reason for disagreement with the PCBU is because the workers hold a genuine and reasonable concern about their health and safety as a result of any changes proposed the worker is legally entitled to stop work and refer the matter to the external work, health and safety regulator for their state. These are:
  • WorkCover (NSW) http://www.workcover.nsw.gov.au;
  • WorkSafe (NT) http://www.worksafe.nt.gov.au/;
  • WorkCover (WA) www.workcover.wa.gov.au;
  • WorkSafe (ACT) http://www.worksafe.act.gov.au/;
  • WorkCover (Qld) http://www.workcoverqld.com.au/;
  • SafeWork (SA) www.safework.sa.gov.au/; and
  • WorkCover (Tas) www.workcover.tas.gov.au.

• This can create serious disruptions to the productivity of the workplace and foster a negative workplace safety culture. It is therefore encouraged that a collaborative approach be taken when making decisions with respect to workers’ health and safety to reduce the likelihood of a disagreement.