Frequently Asked Questions - Designated Work Groups (DWGs)

1) Does the employer have to establish DWGs?

3) How many people can be members of one DWG?

4) What must be considered when setting up or altering existing DWGs?

5) If an individual work group is relocated from one DWG to another DWG as part of an accommodation shift, does this constitute grounds for holding new elections for the HSRs of the two DWGs concerned?

6) What does 'categories of employees' mean in relation to DWGs?

Does the employer have to establish DWGs?

The employer is only obliged to establish one or more DWGs when an employee, or an employee representative at the request of an employee, requests the employer to do so. Section 24(2) of the OHS Act requires the employer to enter into consultations with the employees and employee representatives regarding the establishment of the DWG(s), within 14 days of the date of the request being made. The employer must establish the DWG(s) within 14 days after the completion of consultations by notifying the employees (see section 24(5)).

Who can form part of a DWG?

Section 24(1) of the OHS Act refers to the 'establishment of designated work groups in respect of employees of the employer'. Section 24(8) requires that DWGs be established in such a manner that 'so far as is reasonably practicable, each of the employees is included in a designated work group'. Therefore, all efforts should be made to include each employee in a DWG. There is no provision for the inclusion of the employees of another employer, or of contractors who are not employees under the Act, within a DWG.

How many people can be members of one DWG?

There is no specified limit on the number of people that can form part of one DWG. However, section 24(7) of the OHS Act requires that a number of factors be considered in relation to the establishment or variation of a DWG. These include the need for any health and safety representative selected or elected for the DWG to be accessible to each employee included in the group, with particular consideration to be given to the number of employees and the number and grouping of employees who perform the same or similar types of work, as well as other relevant factors.

What must be considered when setting up or altering existing DWGs?

Section 24(7) of the OHS Act requires that consultation regarding DWGs be principally directed at determining the manner of grouping of employees that best allows the employee's interests to be represented, taking into account the accessibility of the HSR to the DWG. Section 24(7) lists a number of factors that must be considered, including:

employee numbers
type of work performed
number and grouping of employees performing similar types of work
workplaces and areas where each type of work is performed
nature of risks to health and safety
overtime or shift working arrangements.

So far as is reasonably practicable, each employee should be included in a DWG. If appropriate, it may be determined that one DWG only is required.

If an individual workgroup is relocated from one DWG to another DWG as part of an accommodation shift, does this constitute grounds for holding new elections for the HSRs of the two DWGs concerned?

Paragraph 31(1)(b) of the OHS Act provides that the HSR must cease to be the HSR for a DWG if the DWG is varied under subsection 24(6) and the variation results in a change to the membership of the group. As section 24(6) refers to formal consultations concerning the variation of a DWG, the HSR ceases to be the HSR if the DWG is varied following consultations between the employer and the employees (or employee representatives) and the composition of the DWG changes. Other circumstances in which the HSR ceases to be the HSR include where the HSR leaves the DWG, for instance, when transferred to a work team which forms part of a different DWG.

A movement of people from one work location to another may result in the relocation of those people from one DWG to another DWG, without actually varying the DWGs themselves. In this situation no elections for HSRs are required.

However, there may be a need to initiate formal consultations to vary the DWG(s) if, for instance, the DWGs are primarily organised according to location (for example, one DWG for each floor of a building) and the locations of people within each DWG change substantially (e.g. relocation of work groups all over the building). Formal consultation between the employer and employees and/or employee representatives may conclude with a decision to vary the DWGs, in which case the HSRs of the DWGs cease to be the HSRs and selection/election of HSRs for the new DWGs is required.

What does 'categories of employees' mean in relation to DWGs?

The descriptions of categories of employees may be made in general terms, for example, "administrative staff" or "laboratory staff", as long as the terms used make sense in the context of the workplace and people can understand from them which DWG they should be in.

Note: where there is a reference to the 'OHS Act', it refers to the Occupational Health and Safety Act 1991.

Page last updated:November 14, 2007