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FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 492 Conduct of interviews in particular room etc.

FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 492

Conduct of interviews in particular room etc.

             (1)  The permit holder must comply with any reasonable request by the occupier of the premises to:

                     (a)  conduct interviews or hold discussions in a particular room or area of the premises; or

                     (b)  take a particular route to reach a particular room or area of the premises.

Note:          FWA may deal with a dispute about whether the request is reasonable (see subsection 505(1)).

             (2)  Without limiting when a request under subsection (1) might otherwise be unreasonable, a request under paragraph (1)(a) is unreasonable if:

                     (a)  the room or area is not fit for the purpose of conducting the interviews or holding the discussions; or

                     (b)  the request is made with the intention of:

                              (i)  intimidating persons who might participate in the interviews or discussions; or

                             (ii)  discouraging persons from participating in the interviews or discussions; or

                            (iii)  making it difficult for persons to participate in the interviews or discussions, whether because the room or area is not easily accessible during mealtimes or other breaks, or for some other reason.

             (3)  However, a request under subsection (1) is not unreasonable only because the room, area or route is not that which the permit holder would have chosen.

             (4)  The regulations may prescribe circumstances in which a request under subsection (1) is or is not reasonable.