(1) An employer must consult the employer's workers about a matter by—
(a) sharing with the workers information about the matter; and
(b) giving the workers a reasonable opportunity to—
(i) contribute information about the matter; and
(ii) express their views about the matter; and
(c) considering the workers' views.
(2) The employer consults the workers by—
(a) if the workers are represented by a health and safety representative—consulting the representative, whether with or without the direct involvement of the workers; or
(b) if the workers are represented by a health and safety committee—consulting the committee, whether with or without the direct involvement of the workers; or
(c) if the employer and the workers in a worker consultation unit have agreed to a consultation procedure—consulting in accordance with the procedure; or
(d) if the workers are not represented by a health and safety representative or health and safety committee—consulting the workers directly.
(3) An employer commits an offence if—
(a) a worker consultation unit of the employer's workers elect a health and safety representative or health and safety committee; and
(b) the employer fails to consult the health and safety representative or health and safety committee about a matter directly affecting the work safety of the employer's workers.
Maximum penalty: 50 penalty units.