Many businesses fail to understand the importance of worker consultations. Under WHS laws, an employer &/or person conducting a business or undertaking (PCBU), must consult with workers when they are likely to be or are directly affected by a situation involving their health & safety within their workplace. Workers must also have an opportunity to express their views & contribute to any decisions relating to their health & safety.
Consultation with workers about safety is critical & having a process in place that allows workers to raise their concerns & achieve resolution can be beneficial in avoiding disputes. It also allows organisations to meet their consultation compliance obligations under the WHS laws given employers/PCBU have a duty to consult under the Work Health & Safety Act 2011.
Workers who are involved in health & safety consultation have a positive effect in their workplace & more likely to take ownership of tasks through better understanding. Consultation improves morale & job satisfaction as the employer demonstrates that workers’ views are listened to & valued. This creates an overall healthier working environment & increased productivity.
If you are not sure how to implement WHS management systems to support your business, please do not hesitate to contact our team to get started.
Taking action against any employee for not completing tasks that they deem unsafe has resulted in an employer having breached the Fair Work Act 2009. Please refer to the Federal Circuit Court link below.
Source: SafeWork NSW
Title: Your Duty to Consult
Read time: 5 minutes
Source: Federal Circuit Court of Australia
Title: McNamara v Era Pacific Pty Ltd
Read Time: 10+ minutes