Ms Jane Cartwright

[2017] FWC 4613

[2017] FWC 4613

FAIR WORK COMMISSION

DECISION

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

Ms Jane Cartwright
(RE2017/980)

COMMISSIONER SPENCER BRISBANE, 5 OCTOBER 2017

Application for an order to access non-member records.

[1] An application pursuant to s.483AA of the Fair Work Act 2009 (the Act) was made by Ms Jane Cartwright(the Applicant), Organiser of United Voice, to access non-member records held by Char Catering Management (Qld) Pty Limited (the Respondent). The Applicant is an employee of United Voice and holds an entry permit issued by the Commission (RE2016/187). The Applicant submitted that there are no conditions imposed on her entry permit.

[2] The matter was heard ex parte in Brisbane on 5 September 2017. There is no requirement under the Fair Work Commission Rules 2013 for the Employer to be notified of an application made under this provision.

[3] The Applicant provided an affidavit in these proceedings alleging suspected contraventions of the Act and the Registered and Licensed Clubs Award 2010.

[4] Pursuant to s.483AA of the Act, the Commission may make an order, “if it is satisfied that the order is necessary to investigate the suspected contravention.” The Order is provided in amended terms based on the evidence provided to investigate the suspected conventions. The Applicant is a liberty to further apply.

[5] An Order [PR596588] to that effect will issue together with this Decision.

COMMISSIONER

Appearances:

Mr Dermot Peverill of United Voice for the Applicant.

Hearing details:

2017.

Brisbane:

5 September.

Printed by authority of the Commonwealth Government Printer

<Price code A, PR595853>