Fair Work Act 2009

Subject to subsection (6), a permit holder may enter premises and exercise a right under section 483B or 483C for the purpose of investigating a suspected contravention of:

this Act, or a term of a fair work instrument, that relates to, or affects, a TCF award worker:

whose industrial interests the permit holder’s organisation is entitled to represent; and

who performs work on the premises; or

a designated outworker term that is in an instrument that relates to TCF award workers whose industrial interests the permit holder’s organisation is entitled to represent.

Particulars of the suspected contravention must be specified in an entry notice, unless the entry is a designated outworker terms entry (see subsection 518(2)).

A permit holder, or the organisation to which the permit holder belongs, may be subject to an order by the FWC under section 508 if rights under this Subdivision are misused.

A person must not refuse or unduly delay entry by a permit holder, or intentionally hinder or obstruct a permit holder, exercising rights under this Subdivision, or otherwise act in an improper manner (see sections 501 and 502).

A TCF award worker is:

an employee whose work is covered by a TCF award; or

an individual who, for the purpose of a contract for the provision of services, performs work that is covered by a TCF award.

The permit holder must reasonably suspect that the contravention has occurred, or is occurring.

The burden of proving that the suspicion is reasonable lies on the person asserting that fact.

Subsections (2) and (3) do not apply in relation to a designated outworker terms entry.

A designated outworker terms entry is an entry under paragraph (1)(b) for the purpose of investigating a suspected contravention of a designated outworker term.

Particular premises of a person cannot be entered under paragraph (1)(a) if:

the person is accredited (however described) by a person or body specified by name in the regulations; and

the accreditation is in writing and is in force; and

the premises are identified in the accreditation as being the principal place of business of the accredited person.

The fact that this subsection may result in certain premises not being able to be entered under paragraph (1)(a) for the purpose of investigating a particular suspected contravention does not:

prevent the premises being entered for that purpose under Subdivision A; or

prevent the premises being entered under paragraph (1)(b) of this section.

Before the Governor‑General makes a regulation specifying a particular person or body for the purposes of paragraph (6)(a), the Minister must be satisfied that the person or body:

has aims that are consistent with the objects of Part 6‑4A; and

has the endorsement of:

at least one employee organisation that is entitled to represent the industrial interests of TCF award workers; and

at least one employer organisation that is entitled to represent the industrial interests of persons who employ or engage TCF award workers.