Western Australian Consolidated Acts

INDUSTRIAL RELATIONS ACT 1979 - SECT 49I

49I .         Right of entry to investigate breaches

        (1)         An authorised representative of an organisation may enter, during working hours, any premises where relevant employees work, for the purpose of investigating any suspected breach of this Act, the Long Service Leave Act 1958 , the MCE Act, the Occupational Safety and Health Act 1984 , the Mines Safety and Inspection Act 1994 or an award, order, industrial agreement or employer-employee agreement that applies to any such employee.

        (2)         For the purpose of investigating any such suspected breach, the authorised representative may —

            (a)         subject to subsections (3) and (6), require the employer to produce for the representative’s inspection, during working hours at the employer’s premises or at any mutually convenient time and place, any employment records of employees or other documents kept by the employer that are related to the suspected breach;

            (b)         make copies of the entries in the employment records or documents related to the suspected breach; and

            (c)         during working hours, inspect or view any work, material, machinery, or appliance, that is relevant to the suspected breach.

        (3)         The authorised representative is not entitled to require an employer to produce an employment record of an employee if the employee —

            (a)         is a party to an employer-employee agreement; and

            (b)         has made a written request to the employer that the record not be available for inspection by an authorised representative.

        (4)         A written request under subsection (3)(b) —

            (a)         may be withdrawn by written notice given by the employee to the employer; and

            (b)         has effect until it is so withdrawn.

        (5)         An authorised representative is not entitled to exercise a power conferred by this section for the purpose of investigating a suspected breach of an employer-employee agreement to which a relevant employee is a party unless the authorised representative is authorised in writing by that relevant employee to carry out the investigation.

        (6)         An authorised representative is not entitled to require the production of employment records or other documents unless, before exercising the power, the authorised representative has given the employer concerned —

            (a)         if the records or other documents are kept on the employer’s premises, at least 24 hours’ written notice; or

            (b)         if the records or other documents are kept elsewhere, at least 48 hours’ written notice.

        (7)         The Commission may, on the ex parte application of an authorised representative, waive the requirement to give the employer concerned notice of an intended exercise of a power under subsection (6) if the Commission is satisfied that to give such notice would defeat the purpose for which the power is intended to be exercised.

        (8)         If the requirement for notice is waived under subsection (7) —

            (a)         the Commission must give the authorised representative a certificate authorising the exercise of the power without notice; and

            (b)         the authorised representative must, after entering the premises and before requiring the production of the records or documents, give the person who is apparently in charge of the premises the certificate or a copy of the certificate.

        [Section 49I inserted by No. 20 of 2002 s. 146(1); amended in Gazette 15 Aug 2003 p. 3686.]