Worker Engagement, Participation, and Representation
This policy uses the term “workers” to align with the Health and Safety at Work Act 2015. In a school context, "workers" include teachers and non-teaching staff, volunteer workers, and contractors.
The board as the 
PCBU of St Joseph's School meets its responsibilities under the Health and Safety at Work Act 2015 (Part 3) to ensure appropriate worker engagement, participation, and representation. Our engagement with workers aligns with the duty of good faith between the board (as the employer) and its employees as required under the Employment Relations Act 2000. To fulfil the duty of good faith, we maintain employment relationships that are honest, active, communicative, and based on mutual respect.
According to the Employment Relations Act 2000 (s 4), the duty of good faith applies in all of the various employment relationships, including between an employer and an employee and an employer and a union. Good faith involves the following principles:
- all parties must not mislead or deceive or do anything that is likely to mislead or deceive each other
- all parties must show mutual obligations of trust and confidence
- all parties must be active and constructive in establishing and maintaining a productive employment relationship in which parties are responsive and communicative, among other things
- employers proposing to make a change that will or is likely to have an adverse effect on the employment of one or more staff members should provide affected staff access to information about this change and the opportunity to comment on this information before a decision is made.
A party to an employment relationship who fails to comply with the duty of good faith may be liable to a penalty under the Employment Relations Act 2000 (s 4A) if the failure was:
- deliberate, serious, and sustained
- intended to undermine bargaining for an employment agreement
- intended to undermine an employment agreement
- intended to undermine an employment relationship
- intended to undermine the pay equity claim resolution process under Part 4 of the Equal Pay Act 1972
- a breach of section 59B or 59C of the Act.
Employment Relations Act 2000
Employment New Zealand: Good faith 
The Health and Safety at Work Act 2015 defines and outlines the health and safety responsibilities of different types of duty holders within a workplace. A PCBU is a "person conducting a business or undertaking".
At St Joseph's School, the whole board is the PCBU, including the principal.
If events, activities, or services involve more than one PCBU, then PCBUs work together to establish responsibilities and actions for health and safety.
We recognise the rights of workers to:
- work in an environment where risks to health and safety are properly controlled
- contribute to health and safety decisions that affect their work.
We acknowledge the importance of involving workers in planning and decision making, and we aim to continually improve our health and safety practices.
Worker engagement
The board engages with workers who carry out work for the school, and who are, or are likely to be, directly affected by workplace health or safety. We engage with workers by:
- sharing relevant information about health and safety
- giving workers reasonable opportunities to express their views and raise health and safety issues, and to contribute to decision making
- taking workers’ views into account
- keeping workers informed about any outcomes that result from worker engagement.
Worker participation
The board provides reasonable and ongoing opportunities for workers to participate in improving health and safety at our school. In determining appropriate opportunities for participation, the board takes into account:
- the number of workers
- the type, location, and nature of work, and of employment agreements or contracts
- risks to health and safety at our school
- the willingness of workers to participate
- our duty to act in good faith.
Worker representation
The board ensures that workers have the opportunity to be appropriately represented in health and safety matters and decision making. This may occur through an elected health and safety representative and/or a health and safety committee, either at the initiative of the board or by request of workers at the school. The board establishes appropriate worker representation as soon as practicable after receiving a request. We meet the requirements of the Health and Safety at Work (Worker Engagement, Participation, and Representation) Regulations 2016 (e.g. in terms of eligibility, election, term of office, and training).
The functions of our worker representative(s) are to:
- represent workers
- make recommendations where required
- investigate complaints and health and safety risks
- monitor health and safety measures put in place by the board
- give feedback to the board about how it is meeting its responsibilities as the PCBU.
The board as the PCBU meets its responsibilities to health and safety representatives by:
- consulting about health and safety matters, so far as is reasonably practicable
- providing representatives with information needed to perform their function of worker representation
- responding to recommendations made by health and safety representatives
- supporting worker representatives to access training as appropriate to their role.
Also see Health and Safety Induction and Training.
The principal assures the board that workers have had the opportunity to participate in improving workplace health and safety. See Review Schedule and Board Assurances.
Related policies
Legislation
- Health and Safety at Work Act 2015
- Health and Safety at Work (Worker Engagement, Participation, and Representation) Regulations 2016
- Employment Relations Act 2000
Resources
: Term 3 2025, Term 1 2024, Term 2 2022
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