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FAIR WORK ACT 2009 - SECT 483B

Rights that may be exercised while on premises

Rights that may be exercised while on premises

             (1)  While on the premises, the permit holder may do the following:

                     (a)  inspect any work, process or object relevant to the suspected contravention;

                     (b)  interview any person about the suspected contravention:

                              (i)  who agrees to be interviewed; and

                             (ii)  whose industrial interests the permit holder's organisation is entitled to represent;

                     (c)  require the occupier or an affected employer to allow the permit holder to inspect, and make copies of, any record or document that is directly relevant to the suspected contravention and that:

                              (i)  is kept on the premises; or

                             (ii)  is accessible from a computer that is kept on the premises.

Note 1:       The use or disclosure of information or documents obtained under this section is strictly controlled (see section 504).

Note 2:       The use or disclosure of personal information obtained under this section is regulated under the Privacy Act 1988.

             (2)  However, an occupier or affected employer is not required under paragraph (1)(c) to allow the permit holder to inspect, or make copies of, a record or document if to do so would contravene a law of the Commonwealth or a law of a State or Territory.

Meaning of affected employer

             (3)  A person is an affected employer :

                     (a)  in relation to an entry onto premises under section 483A other than a designated outworker terms entry, if:

                              (i)  the person employs or engages a TCF award worker whose industrial interests the permit holder's organisation is entitled to represent; and

                             (ii)  the TCF award worker performs work on the premises; and

                            (iii)  the suspected contravention relates to, or affects, the TCF award worker; or

                     (b)  in relation to a designated outworker terms entry under section 483A, if the person is covered by a TCF award.

Occupier and affected employer must not contravene requirement

             (4)  An occupier or affected employer must not contravene a requirement under paragraph (1)(c).

Note:          This subsection is a civil remedy provision (see Part 4-1).



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