In Mr Eburns’ post:
1. Mr Eburn can’t say whether there has been any, or adequate consultation on the establishment of workgroups.
2. The fact that Mr Eburns’ correspondent does not ‘believe that 49 HSRs are sufficient nor does this represent the different work groups’ is irrelevant. The question is ‘has the establishment of the workgroups been arrived at in consultation, and by agreement, with the workers?’
3. The process for the RFS to conduct elections of HSRs appears to Mr Eburn to be inconsistent with the Act. It is up to each workgroup to determine how HSRs will be elected.
4. Without a detailed examination, the Service Standard looks broadly consistent with the Act and Regulation (with the exception of the election of HSR representatives discussed at (3), above) noting that if there is an inconsistency, the Act and/or Regulation will prevail.
5. Mr Eburn does not see any issue with respect to a perceived ‘lack of urgency’ in the resolution of health and safety issues.
Of course if there has not been proper consultation on the establishment of workgroups and the health and safety consultation arrangements then that is another matter. The model of the Act anticipates that resolution of health and safety issues, including the processes for consultation and resolution, will be subject to cooperative negotiation between the PCBU and its workers. If that has not occurred the PCBU’s policy, no matter how comprehensive and otherwise in line with Act, fails at the first hurdle. As noted, Mr Eburn cannot say whether or not there has been adequate consultation on the preparation of this service standard.