In the realm of work health and safety (WHS) disputes, the provisions for dispute resolution are situated in Part 5, Division 7A of the Work Health and Safety Act 2011 (the WHS Act). These provisions are designed to ensure the timely resolution of WHS disputes, offering certainty for parties involved in cases where disputes persist.
It's essential to note that the dispute resolution process doesn't replace other mechanisms for issue resolution under the WHS Act. Instead, it serves as a subsequent option for disputes that remain unresolved through other means.
This implies that parties engaged in a WHS dispute must continue to make reasonable efforts to resolve the matter independently or with the aid of an inspector before seeking resolution under Part 5, Division 7A. This approach aligns with the WHS Act's intention to encourage parties to address issues at the workplace without escalating them to regulatory bodies or external tribunals.
For comprehensive information on the general issue resolution process, refer to the issue resolution fact sheet.
Regarding the involvement of parties in dispute resolution under Part 5, Division 7A, the parties include:
- The person conducting a business or undertaking involved in the dispute.
- A worker affected by the WHS issue.
- A health and safety representative affected by the WHS issue.
- A relevant union (i.e., a union representing workers involved in the WHS issue).
The dispute resolution provisions come into play if specific WHS issues remain unresolved at least 24 hours after the regulator has been asked to appoint an inspector for assistance. These issues include:
- Access to information by health and safety representatives.
- A health and safety representative's request for an assistant to have access to a workplace.
- A matter about work health and safety subject to the issue resolution process.
- Cessation of work under Part 5, Division 6.
If the dispute resolution provisions apply, a party to the issue may notify the Queensland Industrial Relations Commission (QIRC) of the dispute after 24 hours of requesting inspector assistance.
The notice must be in writing and include details about the parties, workplace, the disputed WHS matter, and whether a decision made by an inspector is subject to review under Part 12 of the WHS Act.
If an inspector doesn't attend the workplace within 24 hours of a request for assistance, any party can refer the dispute to the QIRC for consideration.
During the resolution of a WHS dispute, the QIRC may employ mediation, conciliation, or arbitration, issuing appropriate orders for a prompt settlement. It may also review an inspector's decision to use compliance powers and choose not to deal with a dispute if deemed frivolous, vexatious, misconceived, or lacking substance.