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Overview of powers
A Fair Work Inspector has powers to perform a number of tasks related to compliance with Commonwealth workplace laws.
The types of matters Fair Work Inspectors may investigate include:
- pay slip and time and wages record-keeping requirements
- freedom of association
- right of entry by unions
- underpayments of wages and entitlements, including entitlements related to terminating an employee
- coercion, undue influence or pressure and misleading and deceptive conduct in agreement making
- transfer of business
- sham contracting arrangements
- unprotected industrial action
- discrimination.
Entering premises
A Fair Work Inspector may enter premises without force, during working hours if:
- they believe the Fair Work Act 2009 or a Fair Work instrument (eg. an award) applies to the workplace
- records or documents relevant to compliance are on the premises (including documents on a computer).
The Fair Work Inspector must give you their name and show their identity card to you or your representative as soon as they can.
They must not enter any residential premises, unless they reasonably believe people work there.
While on premises
When a Fair Work Inspector is on premises they may:
- inspect any work, process or object
- interview anyone (a person can refuse to be interviewed)
- ask someone to tell them who has or who can access a record or document
- require the person with access to a record or document to hand it over on the spot or within a specific timeframe
- inspect and make copies of any record or document kept on the premises (hardcopy or on computer)
- take samples of any goods or substances in line with the regulations.
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Fair Work Inspector’s assistants
A Fair Work Inspector’s assistant can enter premises with the Fair Work Inspector if the assistant is needed and qualified to help with the investigation.
Assistants could include IT specialists, forensic accountants or interpreters.
Assistants must not do anything more than help the Fair Work Inspector apply their compliance powers.
Actions done by the assistant are taken to be the actions of the Fair Work Inspector.
Asking for a person's name & address
If a Fair Work Inspector reasonably believes a person has contravened Commonwealth workplace laws, they can require them to give their name and address. If the Fair Work Inspector reasonably believes the details are wrong, they can require that the person provide more information, including formal identification.
To do this, the Fair Work Inspector must show their identity card and tell the person that, if they do not comply with the request for more information, they may be contravening the law.
Asking for & keeping records or documents
A Fair Work Inspector can require any person, not just the person under investigation, to give them any record or document that may help them find out whether someone has contravened Commonwealth workplace laws.
A Fair Work Inspector can require a person to hand them the original records or documents, inspect them, make copies or record them, and can keep them for as long as they need to. However, they cannot legally seize the records or documents (this means they can't take records or documents without giving notice).
If they keep a record or document, they must let the person who produced it (or anyone entitled to have it), inspect and copy the record or document at all reasonable times.
In general, Fair Work Inspectors will not keep the original of a record or document unless it's not practical to make a copy.
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