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FAIR WORK ACT 2009 - SECT 518

Entry notice requirements

Requirements for all entry notices

             (1)  An entry notice must specify the following:

                     (a)  the premises that are proposed to be entered;

                     (b)  the day of the entry;

                     (c)  the organisation of which the permit holder for the entry is an official.

Requirements for entry notice for entry to investigate suspected contravention

             (2)  An entry notice given for an entry under section 481, 483A or 483D must:

                     (a)  specify that section as the provision that authorises the entry; and

                     (b)  unless the entry is a designated outworker terms entry under section 483A--specify the particulars of the suspected contravention, or contraventions; and

                     (c)  for an entry under section 481--contain a declaration by the permit holder for the entry that the permit holder's organisation is entitled to represent the industrial interests of a member, who performs work on the premises, and:

                              (i)  to whom the suspected contravention or contraventions relate; or

                             (ii)  who is affected by the suspected contravention or contraventions; and

                    (ca)  for an entry under section 483A other than a designated outworker terms entry--contain a declaration by the permit holder for the entry that the permit holder's organisation is entitled to represent the industrial interests of a TCF award worker, who performs work on the premises, and:

                              (i)  to whom the suspected contravention or contraventions relate; or

                             (ii)  who is affected by the suspected contravention or contraventions; and

                   (cb)  for a designated outworker terms entry under section 483A--contain a declaration by the permit holder for the entry that the permit holder's organisation is entitled to represent the industrial interests of TCF award workers; and

                    (cc)  for an entry under section 483D--contain a declaration by the permit holder for the entry that the permit holder's organisation is entitled to represent the industrial interests of a TCF award worker:

                              (i)  to whom the suspected contravention or contraventions relate; or

                             (ii)  who is affected by the suspected contravention or contraventions; and

                     (d)  specify the provision of the organisation's rules that entitles the organisation to represent the member or TCF award worker.

Requirements for entry notice for entry to hold discussions

             (3)  An entry notice given for an entry under section 484 (which deals with entry to hold discussions) must:

                     (a)  specify that section as the provision that authorises the entry; and

                     (b)  contain a declaration by the permit holder for the entry that the permit holder's organisation is entitled to represent the industrial interests of an employee or TCF award worker who performs work on the premises; and

                     (c)  specify the provision of the organisation's rules that entitles the organisation to represent the employee or TCF award worker.

Note:          See section 503 (which deals with misrepresentations about things authorised by this Part).



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