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FAIR WORK ACT 2009 - SECT 706

Purpose for which powers of inspectors may be exercised

             (1)  An inspector may exercise compliance powers (other than a power under section 715 or 716) for one or more of the following purposes ( compliance purposes ):

                     (a)  determining whether this Act or a fair work instrument is being, or has been, complied with;

                     (b)  subject to subsection (2), determining whether a safety net contractual entitlement is being, or has been, contravened by a person;

                     (c)  the purposes of a provision of the regulations that confers functions or powers on inspectors;

                     (d)  the purposes of a provision of another Act that confers functions or powers on inspectors.

Note:          The powers in sections 715 (which deals with enforceable undertakings) and 716 (which deals with compliance notices) may be exercised for the purpose of remedying the effects of certain contraventions.

             (2)  An inspector may exercise compliance powers for the purpose referred to in paragraph (1)(b) only if the inspector reasonably believes that the person has contravened one or more of the following:

                     (a)  a provision of the National Employment Standards;

                     (b)  a term of a modern award;

                     (c)  a term of an enterprise agreement;

                     (d)  a term of a workplace determination;

                     (e)  a term of a national minimum wage order;

                      (f)  a term of an equal remuneration order.



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