Major Construction Projects – Consultation Requirements

• Are you undertaking a project in the ACT?
• Are you the principal contractor for the project?
• Is your contract price $5 million or more?

If you have answered yes to these questions, under the Workplace Health and Safety Act 2011 (the Act) it is likely that you are required to consult, in writing, with an eligible union.

Matters in which you may be required to consult on

• The number and composition of workgroups to be represented by health and safety representative (HSR)s; and
• The number of HSRs and deputy HSRs for the project.

This requirement under the Act came into effect from 1 January 2019. A failure to comply can result in penalties of up to $10,000 for an individual or $50,000 for a body corporate for a failure to consult with each eligible union. This is a strict liability offence.

What are your obligations? 

• Before commencement, issue a Notice of Requirement to Consult with each Eligible Union for the Major Construction Project to all eligible unions for this project.
• An eligible union will have 14 days to consult with you (the Principal Contractor) in writing, by way of a Response to notice of consultation with eligible union form.

The Act also imposes obligations on a Principal Contractor to ensure that they facilitate the election of one or more HSRs to represent the work group/s performing works on your site as well as to facilitate the training of those elected as an HSR.

If you are unsure of your obligations for a major construction project under the Act legislation, please reach out to the Workplace Relations and Legal team on (02) 6175 5900, for assistance with your queries.