Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 87

Entry powers of authorised representatives

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;

   (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.
        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.

(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.