WORKPLACE RELATIONS ACT 1996 - SECT 747 Right of entry to investigate breach

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 747

Right of entry for breach of Commonwealth industrial law etc.

             (1)  If a permit holder for an organisation suspects, on reasonable grounds, that a breach has occurred, or is occurring, of:

                     (a)  this Act; or

                     (b)  an ITEA; or

                     (c)  an award or collective agreement or an order of the Commission under this Act, being an award, collective agreement or order that is binding on the permit holder's organisation; or

                     (d)  an employee collective agreement, or an employer greenfields agreement, that is binding on an employee who is a member of the permit holder's organisation;

then, for the purpose of investigating the suspected breach, the permit holder may, during working hours, enter premises if:

                     (e)  work is being carried out on the premises by one or more employees who are members of the permit holder's organisation; and

                      (f)  the suspected breach relates to, or affects, that work or any of those employees.

No right to investigate ITEA breach unless employee requests

             (2)  Paragraph (1)(b) does not apply unless the employee who is a party to the ITEA makes a written request to the organisation to investigate the breach.