Can a Union Delegate be an HSR?

A union delegate can also be elected as a Health and Safety Representative (HSR), provided they have been properly elected by the workers in their work group in accordance with the WHS Act. However, the two roles are separate:

HSR	Union Delegate
Elected under the WHS Act by members of a work group.	Appointed or elected under union rules.
Focuses on health and safety risks.	Focuses on industrial and employment interests.
Represents all workers in the work group.	Represents union members.
Represents workers on health and safety matters.	Represents union members on industrial and employment matters.
Works within the WHS consultation framework.	May advocate on broader industrial matters.
Must focus on eliminating and controlling risk within their work group.	May focus on bargaining, disputes, or industrial campaigns.
Has specific powers under the WHS Act (e.g., inspect workplace, investigate complaints, direct unsafe work in certain circumstances, issue PINs if trained).	Has no specific WHS powers

A person may hold both roles simultaneously, but when acting as an HSR, they must:

• Represent all workers in their work group, not only union members.

• Exercise powers and functions under the WHS Act independently of their union role.

• Act in accordance with the requirements and limitations of the WHS legislation.

Where Tensions Can Arise – Consultation vs Advocacy

The HSR role is designed to support consultation and issue resolution.

The union delegate role often involves advocacy and, at times, challenging management positions.

This can create tension where collaborative safety discussions become perceived as industrial disputes.

A genuine safety concern may become intertwined with an industrial relations matter. For example:

• HSR perspective: "The workload creates fatigue risks."  - - Here, HSR and Management work together to resolve the issue

• Union delegate perspective: "The workload breaches our enterprise agreement." - - Here, the HSR could challenge?

Many organisations successfully have individuals performing both roles. However, the person should be able to clearly separate the two functions:

• When acting as an HSR: focus exclusively on health and safety matters and represent all workers.

• When acting as a union delegate: represent union members on industrial and employment matters.

The issue is not the dual role itself, but whether the individual can maintain the independence, objectivity, and broad worker representation required of an HSR.

It is the overarching duty of every organisation to provide a WHS management system that ensures the safety and wellbeing of its workers. If you require support in improving or strengthening your WHS management system, Courtenell can assist through tailored training, consulting services, and management system review. Please contact one of our Training Consultants on 02 9552 2066 or email train@courtenell.com.au