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2004
THE PARLIAMENT OF THE COMMONWEALTH OF
AUSTRALIA
HOUSE OF
REPRESENTATIVES
EXPLANATORY
MEMORANDUM
(Circulated by authority of the Minister for Employment and
Workplace Relations, the Honourable Kevin Andrews MP)
OUTLINE
This Bill proposes to amend the Workplace Relations Act 1996 (WR Act)
to enhance the right of entry system to clearly
spell out parties’ rights and responsibilities, and limit scope for State
law to be used to circumvent Federal requirements.
Expansion of the
Commonwealth right of entry regime
The Bill would use a range of constitutional powers to enable the Commonwealth to exclude the operation of State right of entry laws or industrial instruments within constitutional limits.
The Bill does not impinge upon any right of entry provided for under occupational health and safety legislation.
Improvements in the process for union right of entry
The Bill would provide a framework which balances the right of unions to represent their members in the workplace, hold discussion with potential members and investigate suspected breaches of industrial laws and instruments, with the rights of employers and occupiers of premises to conduct their business without undue interference or harassment.
The Bill:
• strengthens the provisions for dealing with the issue, suspension and revocation of right of entry permits;
• imposes a “fit and proper person” requirement for union officials seeking a right of entry permit;
• more clearly sets out the rights and obligations of union officials, employers and occupiers of premises;
• empowers the Australian Industrial Relations Commission (Commission) to deal with abuses of the right of entry system; and
• provides that the Commission must not
certify a federal certified agreement that contains right of entry
provisions.
FINANCIAL IMPACT STATEMENT
The proposals contained in the Bill are budget
neutral.
NOTES ON CLAUSES
Clause 1 – Short title
This is a formal provision and provides the short title of the Act.
Clause 2 – Commencement
This clause sets out a table that specifies when the various provisions of the Bill are to commence. The effect of this clause is that:
• Schedule 1 to the Act will come into operation on the 28th day after the day on which the Act receives the Royal Assent;
• Clause 4 will come into operation on the 28th day after the day on which the Act receives the Royal Assent;
• Clauses 1 to 3 will commence on the day on which the Act receives Royal Assent.
Clause 3 – Schedule
This clause provides that each Act specified in the Schedule to this Bill is amended or repealed as set out in the Schedule, and that any other item in the Schedule operates according to its terms.
Clause 4 – Transitional Provisions
This clause provides that permits in force under the repealed Part IX immediately before commencement of this section continue to operate. Those permits would be subject to the new Part IXA arrangements including the rules relating to revocation and suspension.
Subclause (2) defines new Part IXA and repealed Part IX.
SCHEDULE 1 – AMENDMENTS
Workplace Relations Act 1996
Item 1 – Subsection 127AA(2)
1.1 This item makes a consequential amendment to subsection 127AA(2). It replaces a reference to section 285G of the repealed Part IX with a reference to new Part IXA.
Item 2 – After subsection 170LU(2A)
1.2 This item inserts a new subsection (2B) which provides that the
Commission must not certify an agreement if satisfied that it contains a
provision that deals with union right of entry within the meaning of Part IXA.
Item 3 – Part IX
1.3 This item repeals Part IX — Entry and inspections by organisations and inserts a new Part IXA — Union right of entry.
1.4 Proposed section 280A sets out the objects of this Part, which are additional to the objects set out in section 3. These objects are to:
• establish a framework that balances the right of unions to represent their members in the workplace and the right of occupiers and employers to conduct their business without undue interference or harassment;
• ensure that permit holders are fit and proper persons and understand their rights and obligations under this Part;
• ensure that occupiers and employers understand their rights and obligations under this Part; and
• provide that permits are suspended or revoked where rights granted under this Part are misused.
1.5 Proposed section 280B defines a number of terms used in this Part.
1.6 This section requires the Registrar to approve a form of entry notice in writing (subsection (1)).
1.7 Subsection (2) sets outs the particulars that the form must include. However, subsection (2) does not limit the matters which may be required by, or contained in, the form of entry notice (subsection (3)).
1.8 Proposed section 280D provides for the issuing of permits by the
Industrial Registrar to officials of unions who are named in applications by
unions (subsections (1) and (2)). The term “official” is defined in
section 280B to include both office holders and employees of a
union.
1.9 Subsection (3) provides that the permit must include any
conditions imposed by the Industrial Registrar (under section 280E), and any
conditions ordered by the Commission for abuse of the permit system (under
section 280J).
1.10 Regulations may be made on a number of matters
relating to the application for, and issue of, permits under section 280D
– the regulations may, for example, specify the documents that must
accompany an application for a permit and the form of the permit (subsection
(4)).
1.11 Proposed section 280E provides that at the time a permit is issued the
Industrial Registrar may impose conditions on that permit that limit the effect
of the permit, having regard to the list of matters specified in subsection
280F(2).
1.12 A legislative note indicates that the conditions that
might be imposed could include a limit on the range of premises to which a
permit applies, or the time of day when entry may be made.
1.13 Proposed section 280F states where an application for a permit must be
refused.
1.14 Subsection (1) provides that the Industrial Registrar must
not issue a permit to an official unless the Industrial Registrar is satisfied
that the official is a fit and proper person to hold the permit having regard to
the matters referred to in subsection (2). These include whether:
• the official has received appropriate training about the rights and responsibilities of a permit holder;
• the official has ever been convicted of a prescribed offence;
• the official or any other person (such as the official’s union) has ever been ordered to pay a civil penalty under any industrial law in respect of the official’s conduct;
• a previous permit issued to the official has been revoked or suspended under this Part, or under the repealed Part IX, or made subject to conditions;
• the official’s right of entry for industrial purposes under a
State industrial law has ever been suspended, cancelled, or had conditions
imposed on it, or the official has been disqualified under a State industrial
law from exercising or applying for a right of entry for industrial
purposes.
1.15 Subsections (3) and (4) prohibit the Industrial Registrar
from issuing a permit:
• where the issue is prevented by an order of the Commission under section 280J or 281M (section 280J provides that the Commission can make orders where there is an abuse of the permit system and section 281M relates to the powers of the Commission to settle industrial disputes about the operation of this Part);
• during a disqualification period specified by the Industrial Registrar under section 280H (section 280H provides for the revocation and suspension of a permit by the Industrial Registrar);
• where an official’s right to enter for industrial purposes has
been suspended under a State industrial law, or that person has been
disqualified from exercising or applying for a right of entry permit under State
industrial law.
1.16 Proposed section 280G provides that a permit remains in force for three
years unless it is revoked or the permit holder ceases to be an official of the
union before that date, whichever happens first.
1.17 Proposed section 280H provides for the revocation, suspension or
imposition of conditions on permits by the Industrial Registrar. An application
may be made by an authorised person or a prescribed person, and must be in
accordance with the Regulations.
1.18 On application, the Industrial
Registrar may revoke, suspend or impose conditions on one or more permits held
by the permit holder, having regard to the matters specified in subsection
280F(2) (subsections (2) and (3)).
1.19 Subsections (4) and (5) set out
the circumstances in which the Industrial Registrar must revoke or suspend a
permit:
• the permit holder’s right of entry for industrial purposes
under a State industrial law was cancelled or suspended or the permit holder has
been disqualified under a State industrial law from exercising or applying for a
right of entry for industrial purposes;
1.20 A period of suspension or
revocation under subsection (4) must be for at least the “minimum
disqualification period”: three months on the first occasion the
Industrial Registrar takes action under this subsection; 12 months on the second
occasion, and five years on the third and any subsequent
occasion.
1.21 Subsection (6) defines “minimum disqualification
period”.
1.22 The Industrial Registrar’s decision will be
appellable under section 81 of the WR Act.
1.23 This section allows the Commission to make orders restricting the rights
of a union or an official of a union, who has abused rights conferred by this
Part (subsection (1)). The Commission may make an order on its own motion or on
application by an authorised person (subsection (2)).
1.24 The Commission
may:
• revoke or suspend some or all of the permits that have been issued in respect of the union;
• impose conditions on some or all of the permits that have been issued in respect of a union or might in the future be issued in respect of the union;
• ban the issue of permits for a specified period in relation to a
specified person or in respect of the union generally (subsection (3)).
1.25 A union, or official of a union who is subject to an order must
comply with the order (subsection (4)). This subsection is a civil penalty
provision.
1.26 Subsection (5) provides that the Commission’s
powers to make orders under this section may only be exercised by the President
or, if the President directs, another Presidential member or a Full Bench.
1.27 A permit holder must return his or her permit within seven days of their
permit’s revocation, expiration and suspension or when conditions are
imposed on the permit after is issued (subsection (1)). This is a civil penalty
provision.
1.28 In the case of a suspended permit, subsection (2)
requires the Industrial Registrar to return the permit to the permit holder or
the permit holder’s union on application, if satisfied that the permit is
still in force.
1.29 Where conditions are imposed on a permit - by the Industrial Registrar
under section 280H or by the Commission under section 280J – the permit
ceases to have effect until the conditions have been endorsed on the permit.
1.30 Division 4 sets out the circumstances in which a Commonwealth or State
union official may seek entry to investigate suspected breaches of industrial
law or relevant industrial instruments. The general rule is set out in proposed
section 280M. Proposed sections 280P, 280R – 280T impose limitations on
the right of entry.
1.31 The rules in this Part do not apply to entry by
consent. In such a case, it is the consent that authorises entry, not the
provisions of this Part.
1.32 Proposed section 280M sets out the circumstances in which a permit
holder for a Commonwealth or a State union may enter premises to inspect a
breach of industrial law or a relevant industrial
instrument.
1.33 Subsection (1) authorises a permit holder of a
Commonwealth union to enter premises for the purpose of investigating a
suspected breach of:
• the WR Act; or
• an award, certified agreement or order under the WR Act binding on
the permit holder’s union.
1.34 Subsection (1) provides that
a right of entry must only be exercised during working hours and in respect to
premises where work is being carried out by one or more employees who are
members of the permit holder’s union and the suspected breach relates to
or affects that work or any of those employees.
1.35 Subsection (2)
provides that right of entry to investigate a breach of the WR Act does not
apply to a breach of an AWA unless the employee who is a party to the AWA makes
a written request to the union to investigate the breach. Section 170VT
provides that parties to an AWA must not breach an AWA.
1.36 Subsection (3) authorises a State union permit holder to enter
premises for the purpose of investigating a suspected breach of a State
industrial law, or a State industrial instrument that is binding on the permit
holder’s union.
1.37 Subsection (3) also provides that a right of
entry must be exercised during working hours and only in respect of premises
where:
• work is being carried out by one or more employees who are members of the permit holder’s State union and the suspected breach relates to or affects that work or any of those employees; and
• the employer of the employees is a constitutional corporation or the
premises are in a Territory or Commonwealth place.
1.38 A permit holder
must have reasonable grounds for believing there is a suspected breach.
1.39 Proposed section 280N specifies what permit holders may do after
entering premises for the purpose of investigating a suspected breach.
1.40 Subsections (2) and (4) provide that while on premises, permit
holders can, in order to investigate a suspected breach, exercise a number of
rights during working hours including:
• inspect machinery or materials;
• interview employees who are members or are eligible to be members of the permit holder’s union;
• require an affected employer to produce or allow access to any
records relevant to the suspected breach other than non-member records –
the term “non-member record” is defined in subsection (12).
1.41 Subsection (3) makes it clear, for the avoidance of doubt, that a
refusal or failure by a person to participate in an interview under subsection
(2) does not constitute conduct covered by section 149.1 of the Criminal
Code (which relates to obstruction of Commonwealth
officials).
1.42 Subsection (5) authorises a permit holder to issue a
notice to require an affected employer to:
• produce or allow access to records (other than “non-member records”) relevant to the suspected breach at the premises or at another agreed place on a later day or days specified in the notice;
• allow the permit holder to inspect and make copies of any of these
records during working hours on a later day or days specified in the notice.
1.43 The date in the notice must be at least 14 days after the day on
which it is given (subsection (6)).
1.44 Subsection (7) provides that
before exercising rights under subsections (4) or (5), the permit holder must
show the employer documents evidencing the authority to exercise right of
entry.
1.45 Subsection (8) entitles a permit holder to enter premises
during working hours for the purpose of inspecting and copying the records under
a notice in subsection (5).
1.46 Upon
application by a permit holder (subsection 9)), the Commission may order access
to non-member records if satisfied that access is necessary to investigate the
suspected breach. Before making such an order the Commission must have regard
to any conditions that apply to the permit holder’s permit (subsection
10)). If the permit holder obtains an order under subsection (10) then the
entry will be authorised by the order and will be subject to any conditions in
the order.
1.47 Subsection (12)
defines the terms “non-member record” and “record relevant to
the suspected breach”.
1.48 Proposed section 280P provides that entry to premises under section
280M is not authorised unless the notice requirements in either subsection (2)
or subsection (3) are complied with.
1.49 Subsection 280P(2) provides
that a permit holder is not authorised to enter premises under section 280M
unless:
• the permit holder has given an entry notice to the occupier of the premises at least 24 hours but not more than 14 days before the entry;
• the notice specifies entry is authorised under section 280M and identifies the particulars of the suspected breach or breaches. The requirement to specify particulars means that specific details of the alleged breach(es) must be provided beyond merely identifying what instrument or areas of the Act or a State industrial law are alleged to have been breached. The details should be sufficiently specific to enable the employer to identify which particular parts of the business or categories of employees are affected by the alleged breach; and
• entry is on the day specified in the notice.
1.50
Subsection (4) provides that the exercise of post-entry rights under section
280N is not authorised unless the conduct is for the purpose of investigating a
suspected breach identified in the entry notice.
1.51 Subsection (3)
provides that a permit holder is not authorised to enter premises under section
280M unless:
• a copy of an exemption certificate issued under section 280Q is given to the occupier of the premises not more than 14 days before the entry.
• entry is on the day specified in the certificate;
• the premises are those specified in the certificate.
1.52
Section 280P relates to entry authorised by section 280M, not entry in other
circumstances. So, it is not applicable to entry to inspect records at a later
agreed time (under subsection 280N(8)) or entry under a Commission order to
enter premises to inspect non-member records (under subsection
280N(10)).
1.53 Proposed section 280Q allows a union to apply for a certificate
exempting it from the notice requirements for entry onto premises under section
280M (subsection (1)).
1.54 The Industrial Registrar must issue such a
certificate if satisfied that there are reasonable grounds for believing that
advance notice of entry might result in relevant evidence being destroyed,
altered or concealed (subsection (2)).
1.55 The exemption certificate
must specify certain matters, including the premises and the union to which it
applies, the particulars of the suspected breach or breaches and the day or days
on which it operates (subsection (3)).
1.56 Regulations may be made in
relation to the form of application and the exemption certificate (subsection
(4)).
1.57 Proposed section 280R provides that entry is not authorised under this
Division unless a permit holder complies with specific requests of an occupier
or affected employer.
1.58 Under this section, a permit holder is not
authorised to enter or remain on premises if the permit holder fails to comply
with a request by an occupier or affected employer to:
• produce documents evidencing authority to enter (subsection (1));
• observe occupational health and safety (OHS) requirements that apply to the premises, provided the request is reasonable (subsection (2));
• conduct interviews in a particular room or area of the premises or to
take a particular route to reach a particular room or area of the premises to
conduct an interview, provided the request is reasonable (subsection (3)).
1.59 To avoid doubt, subsection (4) makes clear that a request to
conduct interviews in a particular room or take a particular route to reach a
particular room or area of the premises is not unreasonable merely because it is
not the room, area or route that the permit holder would have chosen.
1.60 Proposed section 280S provides that this Division does not authorise a
person to enter any part of premises that is used for residential purposes.
1.61 Proposed section 280T provides that, other than in relation to
entry authorised by the Commission under subsection 280N(10), a permit
holder’s rights under this Division are subject to any conditions that
apply to his or her permit.
1.62 Proposed section 280U excludes all rights to enter under other
industrial laws or State industrial instruments where there is a right to enter
conferred by this Division, or where there would be a right to enter under this
Division if the permit holder’s right was not subject to any conditions,
and the limitations identified in sections 280P (entry notice requirements),
280R (reasonable requests) and 280S (residential premises) did not
apply.
1.63 This section does not exclude right of entry under an OHS law
prescribed in the regulations.
1.64 Proposed section 280V provides that the burden of proving the existence
of reasonable grounds for suspecting a breach, as mentioned in section 280M, is
on the person asserting the existence of those grounds. This is designed to
ensure that a suspicion of a suspected breach on the part of the permit holder
is objectively reasonable having regard to the information in the possession of
the permit holder at the time of the purported exercise of the right of entry.
1.65 Division 5 sets out the circumstances in which a Commonwealth or State
union official may seek entry to hold discussions with employees. The general
rule is set out in section 280W. Sections 280X – 281C impose limitations
on the right of entry.
1.66 The rules in this Division do not apply to
entry by consent. In such a case, it is the consent that authorises entry, not
the provisions of this Division.
1.67 Proposed section 280W sets out the circumstances in which a permit
holder for a Commonwealth or a State union may enter premises to hold
discussions with employees.
1.68 Subsection (1) authorises entry by a
permit holder who is a Commonwealth union official for the purpose of holding
discussions with employees who wish to participate in those discussions provided
the employees:
• are members or eligible to be members of the permit holder’s union; and
• carry out work on the premises which is covered by an award or
certified agreement that binds the permit holder’s
union.
1.69 Subsection (2) authorises a permit holder of a State union to
enter premises for the purpose of holding discussions with employees who wish to
participate in those discussions provided the employees:
• are members or eligible to be members of the permit holder’s union; and
• carry out work on the premises which is covered by a state industrial
instrument that binds the permit holder’s union.
1.70 Permit
holders of State unions are not authorised to enter premises unless the employer
of the employees is a constitutional corporation and the proposed discussions
relate to employment issues or industrial issues, or the premises are in a
Territory or a Commonwealth place (subsection (3)). State unions continue to
exercise rights under State law in respect of sites not subject to Commonwealth
constitutional coverage.
1.71 Proposed section 280X provides that the permit holder is only allowed to
enter under section 280W during working hours and may only hold discussions
during the employees’ meal-time or other breaks.
1.72 Proposed section 280Y provides that a permit holder is not authorised to
enter premises if an employer:
• holds a conscientious objection
certificate in force under section 180 of Schedule 1B to the WR Act which
has been endorsed under subsection 280Y(2) of Part IXA, or section 285C of the
repealed Part IX of the WR Act, indicating that the employer is a practicing
member of a religious society or order whose beliefs preclude membership of any
other body; and
• employs 20 or fewer employees at the premises,
none of whom are union members.
1.73 Subsection (1) provides that a permit holder is not authorised to
enter premises or subsequent conduct on the premises under section 280W
unless:
• an entry notice is given to the occupier at least 24
hours but not more than 14 days before the entry;
• the notice
specifies section 280W as authorising entry; and
• entry is on the
day specified in the notice.
1.74 Further limits are imposed in
relation to entry for recruitment purposes (subsection (2)). Entry under
section 280W and subsequent conduct is not authorised if the conduct is for the
purpose of recruitment and the entry notice does not specify recruitment as a
purpose for entry or any other permit holder for the union entered the premises
in the preceding 6 months for the purpose of recruiting.
1.75 Proposed section 281A provides that this Division does not authorise
entry onto any part of a premises which is used for residential
purposes.
1.76 Proposed section 281B provides that unless a permit holder complies with specified requests of occupiers or affected employers entry is not authorised under this Division to hold discussions. Specifically, a permit holder must comply with a request to:
• produce documents evidencing authority to enter (subsection (1));
• observe occupational health and safety requirements that apply to the premises, provided the request is reasonable (subsection (2));
• conduct interviews in a particular room or area of the premises or to
take a particular route to reach a particular room or area of the premises to
conduct an interview, provided the request is reasonable (subsection (3)).
1.77 To avoid doubt, subsection (4) makes clear that a request to
conduct interviews in a particular room or take a particular route to reach a
particular room or area of the premises is not unreasonable merely because it is
not the room, area or route that the permit holder would have chosen.
1.78 Proposed section 281C provides that a permit holder’s rights under
this Division are subject to any conditions, including conditions imposed by the
Commission or the Registrar, that apply to his or her permit.
1.79 Proposed section 281D excludes rights to enter under other industrial
laws or State industrial instruments where there is a right to enter conferred
by this Division, or where there would be a right to enter under this Division
if the permit holder’s right was not subject to any conditions, and the
limitations in sections 280X (times of entry and discussion), 280Y(conscientious
objection certificate), 280Z (entry notice requirements), 281A (residential
premises) and 281B (reasonable requests).
1.80 It does not exclude the
operation of right of entry under an OHS law prescribed in the
regulations.
1.81 Proposed section 281E contains relevant definitions for the purposes of Division 6.
1.82 An “eligible person” may apply to the Court in respect of a
contravention of a civil penalty provision.
• an “eligible
person” is: an authorised person, who is an inspector or authorised
officer appointed under the WR Act, a person affected by the contravention, or a
person prescribed by the regulations (subsection
(5))
• the Court is the Federal Court
of Australia (section 3)
1.83 Subsection (1) sets out the orders
that the Court can make against a person who contravenes a civil penalty
provision.
1.84 The Court may order a pecuniary penalty. The maximum
pecuniary penalty that may be ordered is 300 penalty units in the case of a body
corporate, or 60 penalty units in other cases.
• By operation of
section 4AA of the Crimes Act 1914, the value of a penalty unit is
currently $110.
1.85 The Court may also order:
• damages
payable to a specified person;
• any other order the Court thinks
appropriate including an
injunction.
1.86 A penalty ordered
under this section is payable to the Commonwealth or some other person if the
Court directs. The penalty may be recovered as if it were a judgment debt
(subsection (4)).
1.87 Subsection
(6) allows regulations prescribing a person as an “eligible person”
(i.e. a person able to bring proceedings for breach of a civil penalty
provision) to limit the circumstances in which the person may make an
application.
1.88 To avoid double penalties in respect of
the same conduct, subsection (1) prevents the Court from making an order for a
pecuniary penalty against a person if the person has already been convicted of
an offence constituted by substantially the same conduct as the contravention of
a civil penalty
provision.
1.89 Subsection (2)
provides that where criminal proceedings have commenced in respect of conduct
that is substantially the same as that relating to proceedings for a pecuniary
penalty order for a contravention of a civil penalty provision, the civil
proceedings are stayed. If the person is later convicted of the offence, then
the proceedings for an order for breach of the civil penalty provisions are
dismissed. Otherwise, the proceedings may be
resumed.
1.90 Subsection (3)
ensures that if an order in respect of a
contravention of a civil penalty provision has been made, criminal proceedings
relating to substantially the same conduct may still be
instituted.
1.91 Proposed section 281H prevents admission
of evidence in criminal proceedings where the evidence was previously given in
proceedings for a pecuniary penalty order relating to contravention of a civil
penalty provision and the criminal proceedings relate to substantially the same
conduct. An exception is made for criminal proceedings regarding false evidence
given in the civil penalty proceedings.
1.92 Proposed section 281J prohibits certain conduct in relation to the exercise of powers under this Part, including (subsections (1)-(4)):
• permit holders intentionally hindering, obstructing or acting in an improper manner;
• persons intentionally hindering or obstructing a permit holder exercising rights under this Part or refusing or unduly delaying entry to premises by a permit holder entitled to enter;
• employers refusing or failing to comply with a requirement to produce
documents under subsections 280N(4) or
(5).
1.93 To avoid doubt, a failure by a
permit holder and an affected employer to agree on a place to provide access to
documents for inspection under paragraph 280N(5)(a) does not constitute
hindering or obstructing (subsection
(5)).
1.94 Subsection (6) provides that
a person may be found to have hindered or obstructed a permit holder exercising
rights by engaging in conduct before a permit holder enters the premises. For
example, a person may contravene the provisions by concealing documents.
1.95 Subsections (1)–(4) are
civil penalty provisions.
1.96 Proposed section 281K allows the Commission to make appropriate orders
in respect of the rights of a permit holder under sections 280M (entry to
investigate) or 280W (entry for discussions) if satisfied that the occupier of
the premises has made a request to a permit holder under section 280R or 281B
that is not a reasonable request (subsection (1)). A request would not be
unreasonable merely because the employer did not provide the room or area of the
permit holder's choice but would be unreasonable if it involved specifying a
room or particular area of premises for interviews or discussions that was
patently inadequate for the purpose.
1.97 Such
orders that can be made include an order authorising access to premises for
specified purposes (subsection
(2)).
1.98 The Commission may act on
application or on its own motion (subsection (4)). The
Commission’s powers to make orders under this section may only be
exercised by the President or, if the President directs, another Presidential
member or a Full Bench (subsection (3)).
1.99 Proposed section 281L prohibits a person
(first person) from intentionally or recklessly giving an impression to a second
person that the first person, or another person, is authorised to under this
Part to exercise particular
rights.
1.100 Examples of behaviour
which this section intends to cover are:
• where a person purports to enter premises without a valid permit; or
• a permit holder does not comply with a condition attached to a
permit.
1.101 The “authorised”
matters referred to in this section also include the right to enter under an
order by the Commission in section 280N(10).
1.102 This section permits the Commission to exercise its dispute settling
powers to prevent and settle industrial disputes about the operation of this
Part. Any order that the Commission makes cannot, however, confer rights that
are additional to, or inconsistent with, rights exercisable under this Part
(subsection (1)).
1.103 Subsection (2) makes it clear that the Commission
has the power, for the purpose of preventing or settling an industrial dispute,
to revoke, suspend or impose “limiting conditions” on a right of
entry permit issued under this Part.
1.104 Subsection (3) defines
“limiting condition”.
1.105 This section provides that the Industrial Registrar may delegate any or all of his or her powers and functions under this Part to a Deputy Industrial Registrar. The regulations may prescribe exceptions.