It will now become easier for a union to be granted an exemption certificate to enter a workplace without notice to investigate a suspected contravention of the Fair Work Act 2009 (Cth) or an industrial instrument.
Currently, unions must apply to the FWC for an exemption certificate to waive the notice requirement. When granting the certificate, the FWC must be satisfied that advance notice might result in destruction, concealment or alteration of relevant evidence.
Under these new changes, the FWC will now have the power to issue an exemption certificate if:
1. it is satisfied that the suspected contravention involves the underpayment of wages or other monetary entitlements of a member of a union; and
2. it reasonably believes the advance notice of entry would hinder an effective investigation into the suspected contravention.
For more information about these legislative changes, members can visit the visit the Fair Work Ombudsman’s website: Fair Work Ombudsman.
Members are encouraged to contact MGAIBA’s Employment Law team on 1800 888 479 for tailored advice about the above changes if required.
