Transport Workers’ Union of Australia,  FWC 8197. Gregory, C. 15 November 2016.
In this matter the union (TWU) applied to the FWC for an order allowing the union to investigate suspected wages breaches at two sites. This investigation would result in the union having access to employee employment records of people who are not members of the union.
[Noting that this is what I thought was the job of the Fair Work Ombudsman]. But in the words of the Commissioner:
“[The FWA] requires that the Commission may make an order sought “if it is satisfied that the order is necessary to investigate the suspected contravention”. I am satisfied that the orders being sought are necessary to investigate the suspected contraventions and whether the individuals are employees who are entitled to be paid in accordance with the relevant Award. However, in coming to this decision, I am obviously not expressing a concluded view about whether any such contravention exists. The orders sought will be issued in conjunction with this decision”.
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