Victorian Consolidated Legislation

Fair Work (Commonwealth Powers) Act 2009 - SECT 35

Entry powers of authorised representatives

35. Entry powers of authorised representatives



(1) For sections 87(1)(b) and 87(1)(c) of the
Occupational Health and Safety Act 2004 substitute-



"(b) the suspected contravention relates to or affects work that is being
carried out by one or more persons whose employment is subject to a collective
agreement, a certified agreement or an enterprise agreement, or relates to or
affects any of those persons, and that agreement applies to the registered
employee organisation;

   (c)  the suspected contravention relates to or affects work that is being
        carried out by one or more persons-

   (i)  who are eligible to be members of the registered employee
        organisation; and

   (ii) whose employment is not subject to a collective agreement, a certified
        agreement or an enterprise agreement which applies to any registered
        employee organisation- or relates to or affects any of those
        persons.".

(3) For section 87(4) of the Occupational Health and Safety Act 2004
substitute-



"(4) In this section- certified agreement means a pre-reform certified
agreement that continues in existence as a transitional instrument under the
Fair Work Transition Act; collective agreement means a workplace agreement
that is a collective agreement that continues in existence as a transitional
instrument under the Fair Work Transition Act; enterprise agreement means an
enterprise agreement made under the Commonwealth Fair Work Act.".
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