Fair Work Bill: Summary Continued - Page 8

Right of entry

The Fair Work Bill provides for rights of entry to officials of industrial organisations who hold entry permits. Those rights may be exercised in accordance with the requirements of the Act for certain purposes.

a. Suspected contravention

A permit holder will be entitled to enter premises to investigate potential breaches of the legislation or industrial instruments (awards or agreements) insofar as those potential breaches impact on a member of the permit-holder’s organisation who works on the premises and whose industrial interests the holder is entitled to represent.

While on the premises the person may inspect work, interview people who agree to be interviewed and require inspection and copies of relevant documents held on or available from the premises. Documents can also be required subsequently by written notice.

b. Holding discussions

A permit-holder may enter premises to hold discussions with people who work on the premises and whose industrial interests the organisation is entitled to represent. Entry for this purpose can be prevented if less than 20 people work at the premises, none of them are members of the organisation and the employer holds an endorsed conscientious objection certificate.

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