Commonwealth Numbered Acts

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FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 483A

Entry to investigate suspected contravention relating to TCF outworkers

             (1)  A permit holder may enter premises and exercise a right under section 483B or 483C for the purpose of investigating a suspected contravention of:

                     (a)  this Act, or a term of a fair work instrument, that relates to, or affects, a TCF outworker:

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

                             (ii)  who performs work on the premises; or

                     (b)  a designated outworker term that is in an instrument that relates to TCF outworkers whose industrial interests the permit holder's organisation is entitled to represent.

Note:          Particulars of the suspected contravention must be specified in an entry notice, unless the entry is a designated outworker terms entry (see subsection 518(2)).

             (2)  The permit holder must reasonably suspect that the contravention has occurred, or is occurring.

             (3)  The burden of proving that the suspicion is reasonable lies on the person asserting that fact.

             (4)  Subsections (2) and (3) do not apply in relation to a designated outworker terms entry.

             (5)  A designated outworker terms entry is an entry under paragraph (1)(b) for the purpose of investigating a suspected contravention of a designated outworker term.



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