WORKPLACE RELATIONS ACT 1996 - SECT 771 Unreasonable requests by occupier or affected employer

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 771

             (1)  If the Commission is satisfied that:

                     (a)  an affected employer or the occupier of premises has made a request to a permit holder as mentioned in section 751, 758 or 765; and

                     (b)  the request is not a reasonable request;

then the Commission may make whatever orders it considers appropriate in respect of the rights of the organisation, or officials of the organisation, to investigate breaches as mentioned in section 747, to enter premises under an OHS law in accordance with section 756 or to hold discussions with employees as mentioned in section 760, as the case requires.

Note:          Unreasonable requests might amount to a breach of subsection 767(7).

             (2)  Without limiting subsection (1), the Commission may order that, for a specified period, the permit holder who was exercising or seeking to exercise rights under section 748 or 760 or under an OHS law in accordance with section 756 or 757 is entitled to enter specified premises, or a specified part of specified premises, for a specified period, and exercise those rights.

             (3)  The powers of the Commission under this section are exercisable by:

                     (a)  the President; or

                     (b)  a Presidential Member assigned by the President for the purposes of the matter concerned; or

                     (c)  a Full Bench, if the President so directs.

             (4)  The Commission may make an order under this section on its own initiative or on application in accordance with the regulations.