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INDUSTRIAL LAW REFORM (FAIR WORK) ACT 2005 (NO 3 OF 2005) - SECT 57

57—Amendment of section 140—Powers of officials of employee associations

        (1)         Section 140(1)—delete ", if authorised to do so by an award or enterprise agreement, enter an employer's premises at which one or more members of the association are employed" and substitute:

enter any workplace at which 1 or more members of the association work

        (2)         Section 140(1)(a)—delete "premises" and substitute:

workplace

        (3)         Section 140(1)(b) and (c)—delete paragraphs (b) and (c) and substitute:

            (b)         inspect the work carried out at the workplace and note the conditions under which the work is carried out; and

            (c)         if specific complaints about non-compliance with this Act, an award or an enterprise agreement have been made—interview any person who works at the workplace about the complaints.

        (4)         Section 140—after subsection (1) insert:

        (1a)         The powers conferred by subsection (1) may be exercised at a time when work is being carried out at the workplace.

        (5)         Section 140(2)—delete "and comply with any other requirements imposed by the award or enterprise agreement"

        (6)         Section 140—after subsection (2) insert:

        (2a)         For the purposes of subsection (2)—

            (a)         the notice must be given in writing; and

            (b)         a period of 24 hours notice will be taken to be reasonable unless some other period is reasonable in the circumstances of the particular case.

        (2b)         An official exercising a power under subsection (1) must not interrupt the performance of work at the workplace.

        (7)         Section 140(3)—after paragraph (a) insert:

            (ab)         address offensive language to an employer or an employee; or

        (8)         Section 140(3)—after paragraph (b) insert:

            (c)         use or threaten to use force in relation to an employer, an employee or any other person.

        (9)         Section 140—after subsection (4) insert:

        (5)         Despite a preceding subsection, an official of an association may not enter a workplace under this section if—

            (a)         no more than 20 employees are employed at the workplace; and

            (b)         the employer—

                  (i)         is a member of the Christian fellowship known as Brethren ; and

                  (ii)         holds a certificate of conscientious objection under section 118 that has been endorsed in a manner that indicates that each employee employed at the workplace agrees to the exclusion of this section; and

            (c)         no employee employed at the workplace is a member of an association registered under this Act.



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