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OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - SECT 87 Entry powers of authorised representatives

OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - SECT 87

Entry powers of authorised representatives

    (1)     This section applies if an authorised representative of a registered employee organisation reasonably suspects that a contravention of this Act or the regulations has occurred or is occurring at a place that is a workplace and any of the following paragraphs applies—

        (a)     the suspected contravention relates to or affects work that is being carried out by one or more members of the registered employee organisation or relates to or affects any of those members;

S. 87(1)(b) substituted by No. 24/2009 s. 35(1).

        (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;

S. 87(1)(c) substituted by No. 24/2009 s. 35(1).

        (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.

Note

Place is defined in section 5 as including a car, truck, ship, boat, airplane and any other vehicle.

    (2)     The authorised representative may enter the place, during working hours, for the purpose only of enquiring into the suspected contravention.

    (3)     Nothing in this section requires an authorised representative of a registered employee organisation to disclose to another person the names of persons who are members of that organisation.

S. 87(4) substituted by No. 24/2009 s. 35(3).

    (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.

Note

Section 90 provides certain limitations on the exercise of the powers conferred by this section.