712AAFair Work Ombudsman may apply to nominated ART President or Deputy President for FWO notice

712AA Fair Work Ombudsman may apply to nominated ART President or Deputy President for FWO notice

General requirements

(1) The Fair Work Ombudsman may apply, in writing, to a nominated ART President or Deputy President for the issue of an FWO notice referred to in subsection (2) if the Fair Work Ombudsman believes on reasonable grounds that a person:

(a) has information or documents relevant to an investigation by an inspector into a suspected contravention of a provision of this Act, a related offence provision, a fair work instrument or a safety net contractual entitlement that relates, directly or indirectly, to:

(i) the underpayment of wages, or other monetary entitlements, of employees; or

(ii) the unreasonable deduction of amounts from amounts owed to employees; or

(iii) the placing of unreasonable requirements on employees to spend or pay amounts paid, or payable, to employees; or

(iv) the unfair dismissal of an employee; or

(v) the bullying of a worker at work; or

(va) the sexual harassment of a person who is a worker in a business or undertaking, seeking to become a worker in a particular business or undertaking, or conducting a business or undertaking; or

(vi) the unlawful discrimination of a person in relation to employment; or

(vii) a contravention of a provision of the National Employment Standards; or

(viia) the underpayment of monetary entitlements under a minimum standards order or a road transport contractual chain order; or

(viib) the unfair deactivation of an employee‑like worker or the unfair termination of a regulated road transport contractor; or

(viii) the coercion of an employee by an employer; and

(b) is capable of giving evidence that is relevant to such an investigation.

(2) The FWO notice may require the person:

(a) to give information to the Fair Work Ombudsman, or a specified member of the staff of the Office of the Fair Work Ombudsman; or

(b) to produce documents to the Fair Work Ombudsman, or a specified member of the staff of the Office of the Fair Work Ombudsman; or

(c) to attend before the Fair Work Ombudsman, or a specified member of the staff of the Office of the Fair Work Ombudsman who is an SES employee or an acting SES employee, and answer questions relevant to the investigation.

Form and content of application

(3) An application for an FWO notice must:

(a) if a form is prescribed by the regulations—be in that form; and

(b) include any information prescribed by the regulations.

(4) An application for an FWO notice must not relate to more than one person, but may relate to more than one investigation.