CWU PROCEDURES FOR HOW TO RUN AN ELECTION FOR HSRs AND DEPUTY HSRs

The following Steps 1, 2, 3, and 4 are set out in the Commonwealth Work Health and Safety Legislation. Step 5 sets out the CWU procedures for the election of HSRs and DHSRs that comply with the Legislation.

1. Eligibility

Any member of a Work Group may stand for election (Section 60). This includes Delegates and contractors (but not a disqualified HSR).

2. Election process

• All members of a Work Group are eligible to vote in the election for their Work Group Representative(s) (Section 62).
• No ballot is required if the number of candidates equals the number of positions available (Section 63), for example, one vacancy and one nomination.
• How an election is conducted is determined by Work Group members, subject to any procedures prescribed by the Regulations (Section 61(1)).
• The person conducting the election must take reasonable steps to notify the Work Group members and PCBU of the election date (Regulation 18(2)(a)).
• The person conducting the election must take reasonable steps to ensure all workers in the Work Group are given the chance to nominate for election (Regulation 18(2)(b)).
• The person conducting the election (Regulation 18(2)(b)) must take reasonable steps to inform all workers and the PCBU the results of the election (Regulation 18(2)(c)).
• A PCBU must not unreasonably delay the election of a Health and Safety Representative (HSR) (Regulation 19).
• A Work Group’s PCBU must provide any resources, facilities and assistance that are reasonably necessary or are prescribed by the Regulations to enable elections to be conducted (Section 61(4)).

3. Term of office for Health and Safety Representatives (HSRs)

• Three years unless the HSR resigns in writing, ceases to be a member of the Work Group, removed by majority of Work Group members or disqualified by a Court/Tribunal for an improper use of a power (Sections 64 and 65).
• HSRs may be re-elected after three years.

4. Deputy Health and Safety Representatives (DHSRs)

• Deputy HSRs are to be elected in the same way as HSRs (Section 67).

5. CWU procedures for election of HSRs and DHSRs

• The CWU Branch Official will notify local management that the majority of workers in a work group have determined that the election for HSR and/or DHSR is to be conducted by the union. The CWU Branch Official will discuss what, if any, assistance is required by management.
• The CWU will nominate a Returning Officer, who may be a CWU Branch Official or someone else nominated by the CWU. The Returning Officer if not a CWU Branch Official will be assisted by a CWU Branch Official in the conduct of the election for HSRs and DHSRs. If the Returning Officer is a member of the Work Group they cannot nominate for election but can vote if a ballot is required. (Note - If the Returning Officer is on leave or otherwise unavailable the CWU Branch Secretary will appoint another Returning Officer.)
• The Returning Officer will advertise the election including the date nominations open on the notice board and via workplace team brief and/or union meeting and call for nominations. Nomination forms will be available from the Returning Officer, CWU Branch Office and noticeboard. Workers will be advised that nominations will close 14 days after the date of issue of nomination forms. Workers will be advised that enquiries and requests for information should be directed to the Returning Officer, CWU Branch Office and telephone contact details will be on the nomination forms.
• Workers who nominate must complete HSR and/or DHSR nomination forms. Completed nomination forms should be handed to the Returning Officer or faxed or posted to the Returning Officer as per fax and address on nomination forms. Workers should not provide their nomination form to other parties such as, the workplace manager. The date nomination forms must be received will be on forms.
• If only one nomination is received for HSR or DHSR the Returning Officer will declare the worker(s) elected. The Returning Officer will notify workers and local management of the result of the election. If more than one nomination is received for HSR or DHSR, the Returning Officer will conduct a ballot.
• The Returning Officer will take reasonable steps to notify the Work Group members (eg. notice board, workplace team brief, union meeting) and local management of the election date i.e. the opening and closing of the ballot and process. The process may be a meeting with a show of hands or paper based ballot using a ballot box in a central location such as the lunchroom. Where a paper based ballot is used it may be conducted over 2 days depending on size of Work Group. Ballot papers will be available from the Returning Officer and/or CWU Branch Official and initialled by same when given to workers. Reasonable attempts will be made to contact people on leave for example, via email or telephone. Workers may contact the Returning Officer or CWU Branch Office for information related to the election process.
• The Returning Officer will notify workers in the Work Group (eg. notice board, workplace team brief, union meeting) and local management of the result of the election.