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FAIR WORK REGULATIONS 2009 - SCHEDULE 3.3

Forms relating to entry to premises

Note:   See regulations   3.27, 3.28 and 3.29.

Form 2 -- Entry notice

(regulation   3.27)

Fair Work Regulations   2009 , regulation   3.27

ENTRY NOTICE

I, [ full name ], of [ name of organisation ], and having been issued an entry permit under section   512 of the Fair Work Act 2009 , give notice that I propose to enter [ name and address of premises ] on [ date of proposed entry ].

Delete each block of text below which is not appropriate

The suspected contravention, or contraventions, to which this notice relates are:

As the entry is authorised by section   481 of the Fair Work Act 2009 (which deals with entry to investigate suspected contraventions), I declare that:

  • [ name of organisation ], under [ provision in organisation's rules ], is entitled to represent the industrial interests of a member who performs work at the premises mentioned above; and
  • the suspected contravention or contraventions relate to or affect that member.

 

The suspected contravention, or contraventions, to which this notice relates are:

As the entry is authorised by paragraph   483A(1)(a) of the Fair Work Act 2009 (which deals with entry to investigate suspected contraventions relating to TCF outworkers), I declare that:

  • [ name of organisation ], under [ provision in organisation's rules ], is entitled to represent the industrial interests of a TCF outworker who performs work at the premises mentioned above; and
  • the suspected contravention or contraventions relate to or affect that TCF outworker.

 

As the entry is authorised by paragraph   483A(1)(b) of the Fair Work Act 2009 (which deals with entry to investigate suspected contraventions of a designated outworker term), I declare that [ name of organisation ], under [ provision in organisation's rules ], is entitled to represent the industrial interests of TCF outworkers.

 

The suspected contravention, or contraventions, to which this notice relates are:

As the entry is authorised by section   483D of the Fair Work Act 2009 (which deals with entry to other premises to investigate suspected contraventions relating to TCF outworkers), I declare that:

  • [ name of organisation ], under [ provision in organisation's rules ], is entitled to represent the industrial interests of a TCF outworker who performs work at the premises mentioned above; and
  • the suspected contravention or contraventions relate to or affect that TCF outworker.

 

As the entry is authorised by section   484 of the Fair Work Act 2009 (which deals with entry to hold discussions), I declare that [ name of organisation ], under [ provision in organisation's rules ], is entitled to represent the industrial interests of an employee or TCF outworker who performs work on the premises mentioned above.

Given at [time]

Dated   20

Signature of permit holder

Do not delete this box

Obligations of permit holders, occupiers of premises and affected employers

A permit holder has various obligations under the Fair Work Act 2009 . In general terms, these include (but are not limited to) the following:

  • to produce the permit holder's entry permit for inspection on request and before requiring access to records and documents (see section   489);
  • to comply with any reasonable request from the occupier of premises to comply with occupational health and safety requirements that apply to the premises (see section   491);
  • not to intentionally hinder or obstruct any person, or act in an improper manner (see section   500);
  • not to intentionally or recklessly misrepresent things the permit holder is authorised to do (see section   503).

An occupier of premises, an affected employer or other person has various obligations under the Fair Work Act 2009 . In general terms, these include (but are not limited to) the following:

  • not to refuse or unduly delay entry to a permit holder (see section   501);
  • not to intentionally hinder or obstruct a permit holder (see section   502);
  • not to intentionally or recklessly misrepresent things the occupier, employer or person is authorised to do (see section   503).

For further information about all the rights and obligations that apply in relation to entry rights, see Part   3 - 4 of the Fair Work Act 2009 or contact the Fair Work Ombudsman (tel: 13   13   94).

 

Failure by a person to comply with an obligation under Part   3 - 4 of the Fair Work Act 2009 may result in a court ordering the person to pay a pecuniary penalty (see section   546).

Form 3 -- Exemption certificates

(regulation   3.28)

Fair Work Regulations   2009 , regulation   3.28

EXEMPTION CERTIFICATE

This certificate is issued to [ name of organisation ].

Section   481 of the Fair Work Act 2009 authorises entry to premises for the purpose of investigating contraventions, or suspected contraventions, of the Fair Work Act 2009 , or a term of a fair work instrument.   The organisation issued with this certificate is exempted from the obligation to comply with the notice requirements for entry to premises under section   487 of that Act.

For this certificate:

(a)   The premises to which it relates are:

  [ name and address of premises ]

(b)   The day or days on which the entry may occur are:

  [ day or days ]

(c)   The suspected contravention or contraventions to which the entry relates are:

  [ particulars of suspected contravention or contraventions ]

Dated   20

Delegate of the Fair Work Commission

Do not delete this box

Obligations of permit holders, occupiers of premises and affected employers

A permit holder has various obligations under the Fair Work Act 2009 . In general terms, these include (but are not limited to) the following:

  • to produce the permit holder's entry permit for inspection on request and before requiring access to records and documents (see section   489);
  • to comply with any reasonable request from the occupier of premises to comply with occupational health and safety requirements that apply to the premises (see section   491);
  • not to intentionally hinder or obstruct any person, or act in an improper manner (see section   500);
  • not to intentionally or recklessly misrepresent things the permit holder is authorised to do (see section   503).

An occupier of premises, an affected employer or other person has various obligations under the Fair Work Act 2009 . In general terms, these include (but are not limited to) the following:

  • not to refuse or unduly delay entry to a permit holder (see section   501);
  • not to intentionally hinder or obstruct a permit holder (see section   502);
  • not to intentionally or recklessly misrepresent things the occupier, employer or person is authorised to do (see section   503).

For further information about all the rights and obligations that apply in relation to entry rights, see Part   3 - 4 of the Fair Work Act 2009 or contact the Fair Work Ombudsman (tel: 13   13   94).

 

Failure by a person to comply with an obligation under Part   3 - 4 of the Fair Work Act 2009 may result in a court ordering the person to pay a pecuniary penalty (see section   546).

Form 4 -- Affected member certificate

(regulation   3.29)

Fair Work Regulations   2009 , regulation   3.29

AFFECTED MEMBER CERTIFICATE

This certificate is issued to [ name of organisation ].

Section   520 of the Fair Work Act 2009 authorises the Fair Work Commission to issue an affected member certificate if a permit holder seeks to enter premises for the purpose of investigating contraventions, or suspected contraventions, of the Fair Work Act 2009 , or a term of a fair work instrument.

For section   520 of the Fair Work Act 2009 , the Fair Work Commission is satisfied that:

For this certificate:

(a)   The premises to which it relates are:

  [ name and address of premises ]

(b)   The suspected contravention or contraventions to which it relates are:

  [ particulars of suspected contravention or contraventions ]

Dated   20

Delegate of the Fair Work Commission



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