Work health and safety

A WHS dispute is a dispute about a WHS matter such as:

• access to information by a health and safety representative in relation to hazards and the health and safety of workers in a work group;
• allowing a person assisting a health and safety representative to have access to a workplace to provide assistance;
• issue resolution; or
• right to cease or direct cessation of unsafe work.

Pursuant to Part 5, Division 7A of the WHS Act, the dispute resolution provisions facilitate timely resolution of WHS disputes providing certainty for parties where a dispute remains unresolved.

The intention of the Act is to encourage parties to resolve issues at the workplace without the need for escalation to the Regulator or the Commission.

However, if a WHS dispute remains unresolved at least 24 hours after the Regulator has been asked to appoint an inspector to assist, a party to the dispute may give the Industrial Registrar written notice of the dispute (see section 102B of the WHS Act).

The Commission may then:

• deal with the dispute in anyway it thinks fit, whether that be mediation, conciliation or arbitration and may make any order it considers appropriate for the prompt settlement of the dispute (see section 102C of the WHS Act);
• review a decision (otherwise known as a compliance decision) made by an inspector and either confirm, vary or set aside that decision (see section 102D of the WHS Act); or
• decide not to deal with the dispute for the reason that the Commission believes the matter to be frivolous, vexatious, misconceived or lacking substance (see section 102E of the WHS Act).

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 Worksafes website on Dispute resolution.

Some of the decisions made by WHS inspectors and the Regulator may be reviewed under the WHS Act.

There is a list of reviewable decisions on the Worksafe website - List of reviewable decisions

Part 12, Division 4 of the WHS Act governs the processes for externally reviewing a decision. An eligible person may apply to the Commission for a review of:

• decisions of the internal reviewer; or
• the original decision of the Regulator.

An application to the Commission must be made within 30 calendar days from the day the applicant received or became aware of the original decision.

An outcome of a review conducted by the Commission may:

• confirm or vary the original decision;
• set aside the original decision and substitute another decision; or
• set aside the original decision and return the matter to the decision-maker with appropriate directions.

To make an application for an external review by the Commission please complete Form 74 - Application for WHS review.

In accordance with s 131 of the WHS Act, a union may apply to the Industrial Registrar for the issue of a WHS entry permit to a person who is an official of the union (meaning a person who holds office in, or is an employee of, the union). Applications can be made by either state or federally registered industrial organisations.

That official must have satisfactorily completed the prescribed training and holds, or will hold, an entry permit under the Fair Work Act 2009 (Cth) or an industrial officer authority (issued under s 337 of the Industrial Relations Act 2016). Further information on prescribed training courses may be found on the Safe Work Website.

Applications can be made by filing a Form 70 - Application for issue of a WHS entry permit.

A WHS permit holder is a union official who has completed an approved training course and holds an entry permit under the Fair Work Act 2009 (Cth) or an industrial officer authority under the Industrial Relations Act 2016. A WHS permit holder may enter a workplace to inquire into a suspected contravention or breach of the WHS Act.  For more information, please visit Worksafe - Right of Entry.

A business should not refuse or delay entry of, or hinder or obstruct, a WHS permit holder.  Likewise, a WHS permit holder must not delay, hinder or obstruct any person or disrupt work at the workplace, or act in an improper manner.

Should a dispute arise with regards to right of entry, a party to the dispute may ask the Regulator to appoint an inspector to attend the workplace to assist in resolving the dispute.

The Commission may also deal with the dispute about a right of entry under s 142 of the WHS Act, either;

• on its own initiative; or
• on application by the permit holder, a relevant union, the person conducting the business, the Regulator, or any other person affected by the exercise of the right of entry by the permit holder.

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:

• impose conditions;
• suspend or revoke the WHS entry permit;
• impose requirements for the future issue of a WHS entry permit to one or more persons; or 
• any other order considered appropriate.

To notify the Commission of a WHS right of entry dispute please complete Form 73 - Application to deal with a dispute about right of entry

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.