Enforceable undertakings
The Department of Employment and Industrial Relations administers both the Electrical Safety Act 2002 and the Workplace Health and Safety Act 1995. Both Acts provide enforceable undertakings as an enforcement option.
What is an enforceable undertaking?
An enforceable undertaking is a legal agreement in which a person or organisation undertakes to carry out specific activities to improve worker health and safety and deliver benefits to industry and the broader community.
When can an organisation apply for an enforceable undertaking?
After the department alleges an organisation has breached either the Electrical Safety Act 2002 or the Workplace Health and Safety Act 1995 (normally via complaint and summons) that organisation may decide to apply for an enforceable undertaking. When an application for an enforceable undertaking is received, legal proceedings connected with the alleged breach are put on hold. If the application for an enforceable undertaking is not accepted, prosecution will proceed.
What is the difference between a prosecution in court and an enforceable undertaking?
In general, compliance with an enforceable undertaking will cost an organisation considerably more than the amount they could expect to be fined in court. This is because enforceable undertakings usually commit the organisation to substantial educational and safety promotion obligations, as well as the cost of carrying out safety upgrades, audits and training.
An enforceable undertaking includes a commitment to future safety standards, including taking steps to ensure the specific type of incident does not occur again. All enforceable undertakings are rigorously monitored by the department.
Who decides if an application will be accepted?
The department has established a group of experts as an advisory panel. Each application for an undertaking is reviewed by a three-member panel.
For electrical safety applications, the panel is made up of two industry representatives and the Executive Director of Electrical Safety Office.
For workplace health and safety applications the panel is made up of two industry representatives and the Executive Director of Workplace Health and Safety Queensland.
These groups consider all facts before making a recommendation to the Director-General, who can accept or reject the application.
When will an enforceable undertaking be accepted?
The Director-General will only accept an enforceable undertaking when it:
- provides significant and real benefits to workers, industry and the community;
- acknowledges that the Department alleges a breach has occurred;
- identifies the facts and circumstances of the alleged breach;
- includes an assurance from the organisation about future behaviour;
- establishes or maintains an occupational health and safety management system at the workplace which is subject to third party audit at regular intervals; and
- represents the most appropriate enforcement option in the circumstances of the case.
What are the penalties for breaching an enforceable undertaking?
If an organisation breaches an enforceable undertaking, the department can apply for a court order which can include an order directing compliance with the undertaking or directing the payment of a fine or security bond.
The maximum penalty for failing to comply with an enforceable undertaking is $375,000 for a corporation and $75,000 for an individual.
Information for applicants
More detailed information and an application guide (PDF, 125 KB) is available from the department to assist in applying for an enforceable undertaking.
Coordinators are also available if you plan to apply for an enforceable undertaking in relation to an allegation made by the Department of Employment and Industrial Relations. The coordinators can be contacted as follows:
- South East and South West Queensland - Ph 07 3247 5494
- Central Queensland, North Queensland and Wide Bay - Ph 07 4938 4138
- Email: undertakings@deir.qld.gov.au
Last updated 22 July 2008