Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 505A

  (1)   This section applies if:

  (a)   a permit holder or permit holders of an organisation enter premises under section   484 for the purposes of holding discussions with one or more employees or TCF award workers; and

  (b)   an employer of the employees or the TCF award workers, or occupier of the premises, disputes the frequency with which the permit holder or permit holders of the organisation enter the premises.

  (2)   The FWC may deal with a dispute about the frequency with which a permit holder or permit holders of an organisation enter premises under section   484.

  (3)   The FWC may deal with the dispute by arbitration, including by making one or more of the following orders:

  (a)   an order imposing conditions on an entry permit;

  (b)   an order suspending an entry permit;

  (c)   an order revoking an entry permit;

  (d)   an order about the future issue of entry permits to one or more persons;

  (e)   any other order it considers appropriate.

Note:   The FWC may also deal with a dispute by mediation or conciliation, or by making a recommendation or expressing an opinion (see subsection   595(2)).

  (4)   However, the FWC may only make an order under subsection   (3) if the FWC is satisfied that the frequency of entry by the permit holder or permit holders of the organisation would require an unreasonable diversion of the occupier's critical resources.

  (5)   The FWC may deal with the dispute:

  (a)   on its own initiative; or

  (b)   on application by any of the following to whom the dispute relates:

  (i)   a permit holder;

  (ii)   a permit holder's organisation;

  (iii)   an employer;

  (iv)   an occupier of premises.

  (6)   In dealing with the dispute, the FWC must take into account fairness between the parties concerned.