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Major Construction Projects – Consultation Requirements


In the ACT, the Work, Health and Safety legislation requires a Principal Contractor to consult with an eligible union on a major construction project about the following matters:

  • The number and composition of workgroups to be represented by health and safety representatives; and
  • The number of health and safety representatives and deputy health and safety representatives for the project.

This should be done before commencement of the works and through the issue of the form prescribed by the legislation:

Notice of Requirement to Consult with each Eligible Union for the Major Construction 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.

A failure to consult may 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.

If you are unsure of your obligations for a major construction project under the WHS legislation, click here for further information.  Alternatively, please reach out to either Malvin or Kristie from the MBA IR and Legal team, on (02) 6175 5900 who can assist you with your queries.