WORKPLACE RELATIONS ACT 1996 - SECT 748 Rights of permit holder after entering premises

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 748

             (1)  This section applies if a permit holder has entered premises under section 747 for the purpose of investigating a suspected breach.

Inspection of work etc. and interviewing employees

             (2)  While on the premises, the permit holder may, for the purpose of investigating the suspected breach:

                     (a)  during working hours, inspect or view any work, material, machinery, or appliance, that is relevant to the suspected breach; and

                     (b)  during working hours, interview the following persons about the suspected breach:

                              (i)  employees who are members of the permit holder's organisation;

                             (ii)  employees who are eligible to become members of the permit holder's organisation.

             (3)  For the avoidance of doubt, a refusal or failure by a person to participate in an interview under this section is not to be treated as conduct covered by section 149.1 of the Criminal Code .

Inspection of records while on the premises

             (4)  While on the premises, the permit holder may, for the purpose of investigating the suspected breach, require an affected employer to allow the permit holder, during working hours, to inspect and make copies of, any records relevant to the suspected breach (other than non‑member records) that:

                     (a)  are kept on the premises by the employer; or

                     (b)  are accessible from a computer that is kept on the premises by the employer.

Inspection of records at later time

             (5)  The permit holder may, for the purpose of investigating the suspected breach, by notice in writing, require an affected employer, on a later day or days specified in the notice:

                     (a)  to produce, or allow access to, all records, or particular records, relevant to the suspected breach (other than non‑member records), either at the premises or at another place that is agreed between the permit holder and the employer; and

                     (b)  to allow the permit holder, during working hours, to inspect and make copies of, any of those records.

The permit holder may give the notice while on the premises or within 5 days after the day on which the permit holder entered the premises.

             (6)  A day specified in a notice to an employer under subsection (5) cannot be earlier than 14 days after the notice is given to the employer.

             (7)  Before issuing a requirement to an affected employer under subsection (4) or (5), the permit holder must produce the permit holder's authority documents for inspection by the employer.

             (8)  If a permit holder has given a notice to an employer under subsection (5) requiring the employer to produce, or allow access to, records at the premises, then the permit holder is entitled to enter the premises during working hours for the purpose of inspecting and copying the records in accordance with the notice.

Note:          The Privacy Act 1998 has rules about the disclosure of personal information.

Application to Commission for access to non‑member records

             (9)  The permit holder may, for the purposes of investigating the suspected breach, apply to the Commission for either or both of the following orders:

                     (a)  an order to allow the permit holder to enter the premises and to inspect and make copies of non‑member records that are relevant to the suspected breach;

                     (b)  an order to require an affected employer to produce, or allow access to, such records for inspection and copying.

           (10)  The Commission may make such an order if it is satisfied that the order is necessary to investigate the suspected breach. Before doing so, the Commission must have regard to the conditions (if any) that apply to the permit holder's permit.

           (11)  An application for an order under subsection (9):

                     (a)  must be in accordance with the regulations; and

                     (b)  must set out the grounds on which the application is made.

Definitions

           (12)  In this section:

"non-member record" means a record that:

                     (a)  relates to the employment of a person who is not a member of the permit holder's organisation; and

                     (b)  does not also relate to the employment of a person who is a member of the permit holder's organisation.

"record relevant to the suspected breach" means a record:

                     (a)  that is relevant to the suspected breach; and

                     (b)  that is of the following kind:

                              (i)  a time sheet;

                             (ii)  a pay sheet;

                            (iii)  any other record or document, other than an ITEA.