Revisions to the Safe Work Australia Worker Representation and Participation Guide

In 2024 Safe Work Australia amended the Safe Work Australia Worker Representation and Participation Guide previously published in 2022. While no major changes were made to the core information regarding WHS consultation, representation, and participation, the amended guide incorporated changes to integrate recent legislative changes, specifically those related to the Fair Work Act 2009 and the Model WHS Regulations.

While much of the core guidance on Health and Safety Representatives (HSRs) and Health and Safety Committees (HSCs) remains consistent, the June 2024 revision introduces several critical updates:

1. Removal of Entry Permit Requirements

The most significant change follows the Fair Work Amendment (Closing Loopholes) Act 2023.

• Previous Guidance: Union officials assisting an HSR typically needed to hold a valid entry permit under the Fair Work Act.

• 2024 Update: The requirement for these officials to hold a Fair Work Act entry permit when assisting an HSR has been removed. This streamlines the process for HSRs to seek external assistance during workplace inspections or issue resolution.

2. Psychosocial Hazard Integration

Reflecting the 2023/2024 focus on mental health at work, the updated guide places more emphasis on the role of HSRs and workers in consulting on psychosocial risks.

• It aligns with the Model WHS Amendment (Psychosocial Hazards) Regulations, ensuring that the "Participation" aspect of the guide covers how workers should be involved in identifying risks like work-related stress, bullying, and harassment.

3. Updated Legislation References

The 2024 version serves as a consolidated document that incorporates:

• February 2022 Amendments: These addressed recommendations from the 2018 Review of the Model WHS Laws (including clarified HSR powers).

• May 2024 Minor Amendments: These were primarily technical updates to ensure the terminology and cross-references match the current state of the Fair Work Act and national WHS framework.

4. Administrative and Template Improvements

The June 2024 revision includes refined templates in the appendices, specifically:

• Appendix A: Updated Provisional Improvement Notice (PIN) templates.

• Appendix B: Refined Health and Safety Committee (HSC) constitution and meeting templates to better reflect modern hybrid and diverse working arrangements.

Summary Table: Key Changes

Feature	2022 Version	2024 Revision
Union Assistance	Required Fair Work Act entry permit.	Permit no longer required for assisting HSRs.
Psychosocial Risks	General mention of health and safety.	Explicit focus on psychosocial hazard consultation.
Legal Alignment	Based on pre-2022 review standards.	Fully aligned with 2024 Fair Work Act amendments.
Templates	Standard industry templates.	Refined for clarity and current regulatory language.