519Exemption certificates

519 Exemption certificates

(1) The FWC must issue a certificate (an exemption certificate) to an organisation for an entry under section 481 (which deals with entry to investigate suspected contraventions) if:

(a) the organisation has applied for the certificate; and

(b) either:

(i) the FWC reasonably believes that advance notice of the entry given by an entry notice might result in the destruction, concealment or alteration of relevant evidence; or

(ii) the FWC is satisfied that the suspected contravention, or contraventions, involve the underpayment of wages, or other monetary entitlements, of a member of the organisation whose industrial interests the organisation is entitled to represent and who performs work on the premises, and the FWC reasonably believes that advance notice of the entry given by an entry notice would hinder an effective investigation into the suspected contravention or contraventions.

(2) An exemption certificate must specify the following:

(a) the premises to which it relates;

(b) the organisation to which it relates;

(c) the day or days on which the entry may occur;

(d) particulars of the suspected contravention, or contraventions, to which the entry relates;

(da) if the exemption certificate is issued on the ground mentioned in subparagraph (1)(b)(ii) (suspected underpayment)—the names of any permit holders who may enter;

(e) section 481 as the provision that authorises the entry.