Fair Work Act 2009

The FWC may restrict the rights that are exercisable under this Part by an organisation, or officials of an organisation, if the FWC is satisfied that the organisation, or an official of the organisation, has misused those rights.

Only a Vice President, Deputy President or Full Bench may take action under this subsection (see subsections 612(2) and 615(1)).

The action that the FWC may take under subsection (1) includes the following:

imposing conditions on entry permits;

suspending entry permits;

revoking entry permits;

requiring some or all of the entry permits that might in future be issued in relation to the organisation to be issued subject to specified conditions;

requiring, for a specified period, some or all of the exemption certificates that might be issued in relation to the organisation on the ground mentioned in subparagraph 519(1)(b)(ii) (suspected underpayment) to be issued subject to specified conditions;

banning, for a specified period, the issue of entry permits in relation to the organisation, either generally or to specified persons;

banning, for a specified period, the issue of exemption certificates on the ground mentioned in subparagraph 519(1)(b)(ii) (suspected underpayment) in relation to the organisation, either generally or to specified permit holders;

making any order it considers appropriate.

The FWC may take action under subsection (1):

on its own initiative; or

on application by an inspector.

Without limiting subsection (1), an official misuses rights exercisable under this Part if:

the official exercises those rights repeatedly with the intention or with the effect of hindering, obstructing or otherwise harassing an occupier or employer; or

in exercising a right under Subdivision B of Division 2 of this Part, the official encourages a person to become a member of an organisation and does so in a way that is unduly disruptive:

because the exercise of the right is excessive in the circumstances; or

for some other reason.