FAIR WORK ACT 1994 - SECT 140

FAIR WORK ACT 1994 - SECT 140

140—Powers of officials of employee associations

        (1)         An official of an association of employees may enter any workplace at which 1 or more members of the association work and—

            (a)         inspect time books and wage records, at the workplace; and

            (b)         inspect the work carried out at the workplace and note the conditions under which the work is carried out; and

            (c)         if specific complaints about non-compliance with this Act, an award or an enterprise agreement have been made—interview any person who works at the workplace about the complaints.

        (1a)         The powers conferred by subsection (1) may be exercised at a time when work is being carried out at the workplace.

        (2)         Before an official exercises powers under subsection (1), the official must give reasonable notice to the employer.

        (2a)         For the purposes of subsection (2)—

            (a)         the notice must be given in writing; and

            (b)         a period of 24 hours notice will be taken to be reasonable unless some other period is reasonable in the circumstances of the particular case.

        (2b)         An official exercising a power under subsection (1) must not interrupt the performance of work at the workplace.

        (3)         A person exercising powers under this section must not—

            (a)         harass an employer or employee; or

            (ab)         address offensive language to an employer or an employee; or

            (b)         hinder or obstruct an employee in carrying out a duty of employment; or

            (c)         use or threaten to use force in relation to an employer, an employee or any other person.

Maximum penalty: $5 000.

        (4)         If SAET is of the opinion that a person has abused powers under this section, SAET may withdraw the relevant powers.