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Fair Work Bill 2008

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5733

2008-2009

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Fair Work Bill 2008

 

 

 

 

Right of Entry

(1)     Clause 480, page 390 (line 23), after “ordinary meanings”, insert “subject to section 480A”.

[exemption of small business from right of entry provisions]

(2)     Page 391 (after line 9), at the end of Division 1, add:

480A  Application of this Part

             (1)  This Part does not apply in relation to small business employers or their employees.

             (2)  In this Part:

member of the permit holder’s organisation does not include an employee of a small business employer.

premises does not include premises occupied by a small business employer.

             (3)  Nothing in this Part authorises a permit holder to enter premises occupied by a small business employer.

 [exemption of small business from right of entry provisions]

(3)     Clause 481, page 392 (after line 22), at the end of the clause, add:

             (4)  The permit holder must not exercise a right of entry under this section, or a right under section 482 or 483, if for any reason the permit holder no longer holds a reasonable suspicion that the suspected contravention has occurred or is occurring.

Note:          This subsection is a civil remedy provision (see Part 4-1)

[‘reasonable suspicion’ of contravention]

 (4)    Clause 482, page 393 (line 1), before “require”, insert “subject to subsection (2A), ”.

[no union access to non-member records]

(5)     Clause 482, page 393 (after line 10), after subclause (1), insert:

Permit holder must not access non-member records

          (2A)  The permit holder may not require, inspect, or make copies of any employee record (however described) of an employee who is not a member of the permit holder's organisation, except with the written consent of the employee.

[no union access to non-member records]

(6)     Clause 483, page 393 (line 25), omit “The”, substitute “Subject to subsections (1A) and (1B), the”.

[no union access to non-member records]

(7)     Clause 483, page 393 (after line 28), after subclause (1), insert:

Conditions relating to non-member records

          (1A)  The permit holder may not require, inspect, or make copies of any employee record (however described) of an employee who is not a member of the permit holder’s organisation, except with the written consent of the employee.

          (1B)  If the record or document is an employee record (however described) of an employee who is not a member of the permit holder's organisation, the permit holder may apply to FWA for an order requiring the an affected employer to provide a copy of the record or document to FWA.

          (1C)  FWA may make any order it thinks appropriate in relation to an application made under subsection (1B).

          (1D)  If FWA orders that an affected employer must provide a copy of a record or document under subsection (1B):

                     (a)  the affected employer must provide a copy of the record or document to FWA within the period specified in the order; and

                     (b)  FWA must determine whether, and in what form, to provide the permit holder access to information contained in that record or document.

[no union access to non-member records]

(8)     Clause 487, page 396 (lines 11 and 12), omit “24 hours”, substitute “72 hours”.

[72-hour notice of intention to enter premises]

(9)     Clause 494, page 400 (after line 22), after clause 494(3), insert:

Permit holder must not access non-member records

             (4)  The permit holder may not require, inspect, or make copies of any employee record (however described) of an employee who is not a member of the permit holder's organisation, except with the written consent of the employee.

[no union access to non-member records]

 

(10)   Clause 495, page 400 (line 30), omit “24 hours”, substitute “72 hours”.

            s 495(1)(b) - amend to require 3 days’ notice rather than 24 hours

[72-hour notice of intention to enter premises]

(11)   Clause 518, page 413 (after line 12), after subclause 518(2), insert:

          (2A)  Only one entry notice may be given for entry under section 481 in respect of any particular suspected contravention.

[only one entry permitted for any particular incident]

(12)   Clause 539, page 435 (column 1 of table item 4), before “ 482(3) , insert “ 481(4) ”.

[‘reasonable suspicion’ of contravention]

Unfair Dismissal

(13)   Page 319 (after line 8), at the end of the Division, add:

381A  Interpretation of this Part

             (1)  Subsection 23(1) has effect in relation to this Part as if it were modified by omitting “15 employees” and substituting “20 employees”

             (2)  Subsection 23(2) has effect in relation to this Part as if it were modified by adding:

             ; and (c)  the figure is to be calculated in terms of full time equivalent positions not as an individual head count of employees.

[modified meaning of small business]

Facilitated Bargaining for the Low Paid

(14)   Page 219 (after line 25), after clause 241, insert:

241A  Application of this Division

                   This Division does not apply in respect of small business employers or their employees.

[small business exemption]