The Queensland Industrial Relations Commission has jurisdiction over some work health and safety (WHS) disputes and reviews. This jurisdiction is set out in the Work Health and Safety Act 2011.
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The Queensland Industrial Relations Commission has jurisdiction over some work health and safety (WHS) disputes and reviews. This jurisdiction is set out in the Work Health and Safety Act 2011.
Sections 102B and 102C of the Work Health and Safety Act 2011 govern the processes for settling a dispute. Generally matters will be listed for a mention at the Commission within a short period of time.
To notify the Commission of a WHS dispute please complete Form 73A - Notice of WHS dispute.
For more information about a WHS dispute please visit Worksafe's website on Dispute resolution.
Any party to the dispute may ask the regulator to appoint an inspector to attend the workplace to assist in resolving the dispute.
If there is a dispute about a right of entry an application to QIRC can be made by the permit holder, the union, the regulator, the business owner, the person who requested the WHS entry permit holder to visit the work site, or any other person affected by the WHS issue.
The Commission may deal with the dispute in any manner it thinks fit, including by means of mediation, conciliation or arbitration. If dealing with the dispute through arbitration the Commission may order one or more of the following in relation to a WHS entry permit:
Making a Dispute application
To notify the Commissioner of a WHS right of entry dispute please complete Form 73 - Application to deal with a dispute about right of entry
The Commission will them hold a conciliation conference with the parties in an attempt to resolve the issue. If the dispute cannot be resolved then the dispute can be referred for arbitration, after whihc a member of the commissioner will make a decision that will bind all parties to the dispute.
Urgent after-hours matters: If the Registry is closed and you wish to notify the Industrial Registrar of an urgent WHS entry dispute you should call the after-hours and weekend phone number on 0466 745 897.
Part 12, Division 4 of the Work Health and Safety Act 2011 govern the processes for externally reviewing a decision. Generally matters will be listed for a mention at the Commission within a short period of time.
To make an application for an external review by the Commission please complete Form 74 - Application for WHS review.
For more information about a WHS review please visit Worksafe's website on Review of decisions.
Application filed using Form 70 - Application for issue of a WHS entry permit.
Application pursuant to s131 of the Work Health and Safety Act 2011 for the issue of a WHS entry permit for an officer or employee of the Union. Application can be made by either a state or federally registered industrial organisation.
From 1 January 2012, pursuant to s151 of the Work Health and Safety Act 2011 the Industrial Registrar must keep available for public access an up-to-date register of WHS entry permit holders as provided under a regulation.
Last updated 05 December 2018