Background
The Independent Review of Employee Representatives (the Review) will consider whether the powers, functions and support provided to Authorised Representatives of Registered Employee Organisations (ARREOs) and Health and Safety Representatives (HSRs) under the Occupational Health and Safety Act 2004 (OHS Act) remain effective and fit-for-purpose to deliver improved health and safety outcomes for all workers, and recommend any legislative, regulatory or operational changes to improve their effectiveness.
The Review will have regard to contemporary issues and challenges relevant to employee representation in occupational health and safety, in the context of changes in working relationships and workplaces over the past 20 years since the OHS Act was legislated. These include: insecure working arrangements; recent and ongoing Government reforms around safety protections for labour hire workers and vulnerable workers; the increase in remote working; and the ongoing health and safety challenges prevalent in high-risk industries.
Scope
The Review will assess whether the powers, functions and support provided to ARREOs and HSRs under the OHS Act remain effective and fit-for-purpose to deliver on health and safety outcomes for all workers and recommend any legislative, regulatory or operational changes to improve their effectiveness.
In particular, the Review will consider:
- The effectiveness of current ARREO and HSR frameworks in supporting employees to advocate for measures to ensure a healthy and safe workplace, including vulnerable and insecure workers, workers working remotely or in hybrid environments, and workers in high-risk workplaces.
- ARREO powers, functions and support in comparison with those provided for equivalent roles under the Model Workplace Health and Safety laws.
- Opportunities to improve the effectiveness of existing ARREO and HSR powers, including but not limited to:
- notice of entry requirements
- powers to hold discussions with employees
- inspection of documents.
- The effectiveness of penalties in promoting compliance with the OHS Act.
- Eligibility criteria for ARREOs, including whether there is a need to expand the range of people who can become an ARREO.
- Potential additional measures to improve knowledge and awareness of the role and functions of ARREOs and HSRs across workplaces, including tailored measures for industries that are high-risk and/or dominated by insecure or vulnerable workers.
- The adequacy and effectiveness of ARREO and HSR training, including consideration of existing employer obligations, such as facilitating attendance, providing paid time off, and covering associated costs for HSR induction and refresher courses.
- Appropriate oversight, checks and balances to ensure ARREO and HSR powers and functions are exercised proportionately.
- Potential regulatory and cost impacts on employers of any proposed changes to ARREO and HSR frameworks, with consideration of how these can be balanced with ensuring ARREO and HSRs are equipped to play an effective role in upholding the occupational health and safety of employees.
Where the Reviewer finds legislative, regulatory or operational changes could be made to improve the effectiveness of ARREOs and HSRs, the Reviewer must provide recommendations to give effect to such improvements.
The Reviewer will have consideration to relevant work that is being or has already been undertaken in this area, including the Formal Review into Victorian Government Bodies’ Engagement with Construction Companies and Construction Unions (Final Report, November 2024) and the Government’s response.
Principles
The Review will be guided by the following principles:
- The Review will be evidence-based.
- The Reviewer will engage with key stakeholders, including unions, as appropriate to inform the Review, including but not limited to relevant employee and employer representative groups and government entities.
- The Review should balance consideration of improvements to employee representative roles with any potential regulatory or cost impacts on employers or the state.
- The Review may direct recommendations to WorkSafe Victoria as the relevant regulator, the Department of Treasury and Finance, or the Victorian Government. It must not make recommendations to other Victorian Government departments or agencies.
Governance
The Review will be undertaken by an Independent Reviewer with support from a Secretariat comprised of Victorian Public Service staff. The Independent Reviewer will be appointed by the Premier, Minister for WorkSafe and the TAC and Minister for Industrial Relations, as agreed by Government. This appointment falls outside the scope of the Appointment and Remuneration Guidelines.
The Review will be undertaken according to these Terms of Reference endorsed by the Premier, Minister for WorkSafe and the TAC and Minister for Industrial Relations, as agreed by Government.
The Independent Reviewer will report directly to the Minister for WorkSafe and the TAC.
Deliverables
The Independent Reviewer will oversee the delivery of the Review, including the release of an interim report, final report and undertake extensive stakeholder consultation throughout the Review.
The Independent Reviewer will provide a final written report, including recommendations, to the Minister for WorkSafe and the TAC, which will be made available publicly when the Government’s response is released.
Updated