FAIR WORK ACT 2009 - SECT 521D Transport arrangements for remote areas

FAIR WORK ACT 2009 - SECT 521D

This section applies only in remote areas

  (1)   This section applies if rights under this Part are to be exercised by a permit holder on premises that are located in a place that is not reasonably accessible to the permit holder unless the occupier of the premises on which the rights are to be exercised provides transport, or causes it to be provided.

Where parties cannot agree on transport arrangement

  (2)   If all of the following are satisfied:

  (a)   to provide transport to the premises for the permit holder, or cause that transport to be provided, would not cause the occupier undue inconvenience;

  (b)   the permit holder, or the organisation of which the permit holder is an official, requests the occupier to provide, or cause to be provided, transport to the premises for the purpose of assisting the permit holder to exercise rights under this Part;

  (c)   the request is made within a reasonable period before transport is required;

  (d)   the permit holder, and the organisation of which the permit holder is an official, have been unable to enter into a transport arrangement with the occupier by consent;

the occupier must enter into a transport arrangement for the purpose of assisting the permit holder to exercise rights under this Part.

Note:   The FWC may deal with disputes about whether premises are reasonably accessible, whether providing transport or causing it to be provided would cause the occupier undue inconvenience and whether a request to provide transport is made within a reasonable period (see subsection   505(1)).

Costs

  (3)   If a transport arrangement is entered into under subsection   (2), the occupier must not charge an organisation or a permit holder a fee for transport under the arrangement that is more than is necessary to cover the cost to the occupier of providing the transport, or causing it to be provided.

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

FWC's powers if rights misused whilst in transport

  (4)   For the purposes of this Part, the FWC may treat the conduct of the permit holder whilst in transport under a transport arrangement to which the occupier is a party, whether entered into under subsection   (2) or by consent, as conduct engaged in as part of the exercise of rights by the permit holder under this Part.