HSR training

Health and safety representatives and deputy HSRs are entitled to attend an initial training course of up to five days paid for by the PCBU. If you have made a request, the PCBU must allow you to attend an approved HSR training course as soon as practicable within the period of 3 months after the request is made.

HSRs and deputy HSRs are also entitled to attend up to one day’s refresher training each year, with the first refresher training commencing one year after the initial training. The course of training in work health and safety must be:

• approved by the Work Health and Safety Commission
• chosen by the HSR.

HSRs are entitled to choose a course of training in work health and safety approved by the WHS Commission. An HSR may choose to consult with the PCBU (e.g. seeking views on suitability of courses) or seek advice (e.g. from worker representatives) when choosing the course of training. An HSR will need to reach agreement with the PCBU on time off for attendance and the reasonable costs of the training course. If the HSR and the PCBU cannot reach agreement on these matters, either party may ask an inspector for assistance.

Issues that might be considered when an HSR chooses a course include:

• timing of attendance – the sooner an HSR attends training after being elected, the more effective they will be in performing the role
• cost of courses, where prices differ substantially
• costs of attendance for remotely located workplaces including travel and accommodation expenses. In such circumstances, the arrangements that would apply for any other work-related professional development course will determine what is reasonable
• the total number of workers requiring training.

Refresher training

If you are re-elected in the same work group and have already participated in the initial HSR training, you do not have an entitlement to take time off work with pay to attend the initial training course again. However, you are entitled to attend up to one day’s refresher training, approved by the WHS Commission, each year following the completion of the initial training course.

Training entitlements

HSR training is part of normal work-related activity. HSRs are entitled to receive their normal/expected earnings during course attendance. Normal/expected earnings include pay entitlements relating to shift work, regular overtime, higher duties, allowances or penalty rates that would have applied had the HSR been at work.

If you have been granted time off work to attend HSR training, the PCBU must pay you the amount you would be entitled to receive when performing your normal duties.

There are circumstances in which HSRs may need to attend a course that is being conducted outside your normal working hours. For example, this might apply when an HSR:

• normally works two days a week and attends the initial training course which runs on consecutive days beyond their normal work days
• have a rostered day off during the course
• have a shift that does not overlap or overlaps only marginally with the course’s hours.

All time spent at a course by an HSR (including casual employees) must be treated by the PCBU as time at work.

The PCBU should consider changing rosters or shifts to accommodate any HSR who attends training. If it is necessary for the HSR to work hours in excess of the normal weekly hours, additional hours must be compensated in the same manner as other additional work hours are treated.

Who pays if an HSR represents workers from more than one business or undertaking?

If an HSR represents a work group with workers from more than one business or undertaking, the PCBUs must equally share the cost of HSRs exercising their powers and functions, course fees and other reasonable costs. However, the PCBUs may agree to share costs in different portions. For example, where most of the work group carry out work for one business or undertaking, that PCBU could pay the majority of HSR-related costs.

At any time, the PCBUs can negotiate and agree to change how costs are shared.

Health and safety representative powers

To exercise all your powers and functions, HSRs and deputy HSRs must attend a five-day initial training course approved by the WHS Commission. An HSR can only issue a Provisional Improvement Notice (PIN) or direct workers to stop unsafe work if they have completed the approved 5-day training course.

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