Transport Workers' Union of Australia

[2019] FWC 2192

[2019] FWC 2192

FAIR WORK COMMISSION

DECISION

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

Transport Workers' Union of Australia
(RE2019/277)

COMMISSIONER CAMBRIDGE SYDNEY, 8 MAY 2019

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 the Transport Workers’ Union of Australia (the Applicant) to access non-member records held by Ali Rana Transport Pty Ltd (the Employer). Michael Collins is an employee of Transport Workers’ Union of Australia and holds an entry permit issued by the Commission (RE2018/325). The Applicant submitted that there are no conditions imposed on his entry permit.

[2] The matter was heard ex parte in Sydney on 2 April 2019. 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 Road Transport and Distribution 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 was provided in amended terms based on the evidence provided to investigate the suspected conventions.

[5] This Decision has been issued as confirmation of the Order provided on 2 April 2019.

COMMISSIONER

Appearances:

Mr G Webb appeared for the Transport Workers’ Union of Australia.

Hearing details:

2019.

Sydney:

April, 2.

Printed by authority of the Commonwealth Government Printer

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