Health and Safety Representatives don't get to pick
and choose the training courses they attend.
A recent decision of the Industrial Relations Commission of New
South Wales (NSW IRC) (Sydney Trains v SafeWork
New South Wales [2017] NSW IRComm 1009) has determined that elected
health and safety representatives do not have a unilateral right to
decide which approved health and safety training course they will
attend. (It should be noted this decision has potential
applicability beyond NSW to the States where the model work health
and safety legislation has been implemented (ie. in all States and
Territories other than Victoria and Western Australia)).
Training of HSRs
Under the Work Health and Safety Act 2011 (NSW) (WHS
Act) elected Health and Safety Representatives
(HSRs) have extensive powers including, subject to
completion of SafeWork NSW approved training, the power to stop
unsafe work and to issue Provisional Improvement Notices.
