Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2019] FWC 5448

[2019] FWC 5448

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
Section 483AA - Application for an order to access non-member records

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(RE2019/731)

DEPUTY PRESIDENT ANDERSON ADELAIDE, 8 AUGUST 2019

Application for an order to access non-member records

[1] On 31 July 2019, Mr Paul Scudds of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) applied to the Fair Work Commission (the Commission) under section 483AA of the Fair Work Act 2009 (the FW Act) for an order to access non-member records. The application concerns records held by an employer of electrical tradespersons, the Primero Group Pty Ltd.

[2] Mr Scudds is an employee of the CEPU and holds an entry permit issued by the Commission (RE2018/284).

[3] The matter was set down for ex-parte hearing on 8 August 2019. Prior to the hearing, I required the CEPU to advise whether there are any conditions imposed on the permit holder’s entry permit, the date which the CEPU proposes that the Order, if made, should take effect and the period of time that the Order, if made, should remain in force. On 6 August 2019, Ms Jess Rogers of the CEPU advised that there are no conditions imposed on the permit holder’s entry permit and that the CEPU seeks that the Order takes effect from the date of the issuing of the Order and closes one month from that date.

[4] By email on 6 August 2019 and at the ex-parte hearing held on 8 August 2019, Mr Scudds of the CEPU confirmed that there were no conditions imposed on the entry permit.

[5] The CEPU also submitted that the Order should be granted for the period of one month from the date of the issuing of this Order.

[6] Section 483AA of the FW Act states:

“483AA Application to the FWC for access to non-member records

(1) The permit holder may apply to the FWC for an order allowing the permit holder to do either or both of the following:

(a) require the occupier or an affected employer to allow the permit holder to inspect, and make copies of, specified non-member records or documents (or parts of such records or documents) under paragraph 482(1)(c);

(b) require an affected employer to produce, or provide access to, specified non-member records or documents (or parts of such records or documents) under subsection 483(1).

(2)  The FWC may make the order if it is satisfied that the order is necessary to investigate the suspected contravention. Before doing so, the FWC must have regard to any conditions imposed on the permit holder's entry permit.

(3)  If the FWC makes the order, this Subdivision has effect accordingly.

(4)  An application for an order under this section:

(a) must be in accordance with the regulations; and

(b)  must set out the reason for the application.”

[7] I am satisfied that the orders being sought are necessary to investigate the suspected contravention and that Mr Scudds of the CEPU does not have any conditions imposed on his entry permit.

[8] The Order to investigate the suspected contravention will take effect from 8 August 2019 and will operate for a period of one month.

[9] I will direct that the Order and this Decision be served on the employer by the CEPU by close of business (5.00pm) 9 August 2019. I also direct that the employer may apply within seven days from the date of the Order to have this Order set aside should there be lawful grounds to do so. Such application, if any, should be made in the prescribed form (Form F1 of the Fair Work Commission Rules 2013) and served on the CEPU within 48 hours of it being made.

[10] The Order 1 sought has been issued with this Decision.

DEPUTY PRESIDENT

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