Commonwealth Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FAIR WORK REGULATIONS 2009 (SLI NO 112 OF 2009) - SCHEDULE 3.3

Forms relating to entry to premises

(regulation 3.26)

   

Form 1         Entry permit to enter premises

(regulation 3.26)

Fair Work Regulations 2009 , regulation 3.26

ENTRY PERMIT TO ENTER PREMISES

This entry permit is issued to [ name ], of [ name of organisation ] under section 512 of the Fair Work Act 2009 .

The permit holder is entitled, while the permit is in force, to exercise the powers and functions given to the permit holder by Part 3-4 of the Fair Work Act 2009 .

This permit expires at the end of 3 years beginning on the day it is issued, unless the period is extended under subsection 516 (2) of the Fair Work Act 2009 , or the permit holder ceases to be an official of the organisation, or the permit is revoked.

Dated                                      20

Delegate of Fair Work Australia

Note    This permit must be returned to Fair Work Australia within 7 days after it is revoked or suspended, conditions are imposed on it after it was issued, or it expires.


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:

*        [ particulars of the suspected contravention or contraventions ].

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:

*        [ particulars of the suspected contravention or contraventions ].

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:

*        [ particulars of the suspected contravention or contraventions ].

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

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 Fair Work Australia

Note    Entry to the premises must be on a day specified in this certificate.


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 Fair Work Australia 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 , Fair Work Australia is satisfied that:

*         a member of the organisation performs work on the premises below; and

*         the organisation is entitled to represent the industrial interests of the member; and

*         a suspected contravention of the Fair Work Act 2009 , or a term of a fair work instrument, relates to, or affects, that member.

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 Fair Work Australia




AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback