29Additional requirements—entry under section 120—the Act, s 120(4)

29 Additional requirements—entry under section 120—the Act, s 120(4)

29 Additional requirements—entry under section 120—the Act, s 120(4)

A notice of entry under the Act, section 120, in relation to an entry under that section must also include the following—

(a) so far as is practicable—the particulars of the suspected contravention to which the notice relates,

(b) a description of the employee records and other documents, or of the classes of records and documents, directly relevant to the suspected contravention, that are proposed to be inspected,

(c) a declaration stating—

(i) that the union is entitled to represent the industrial interests of a worker who is a member, or eligible to be a member, of the union, and

(ii) the provision in the union’s rules that entitles the union to represent the industrial interests of the worker, and

(iii) that the suspected contravention relates to, or affects, the worker, and

(iv) that the records and documents proposed to be inspected relate to the contravention.

Note—

The Act, section 130, provides that a WHS entry permit holder is not required to disclose the name of a worker to the person conducting the business or undertaking, and may do so only with the consent of the worker.