RIGHT OF ENTRY – non-member records – exemption certificate – ss.483AA, 519 Fair Work Act 2009 – four applicants made application to the Commission for Order allowing access to nonmember records – applicants employees of CFMEU – all hold entry permits – CFMEU also made application for exemption from requirement to provide entry notice under s.519 of the Act – applications sought in respect of work performed by employees of Care Traffic P/L and Care Traffic Services P/L (Care Traffic) under the Building and Construction General On-site Award 2010 – applicants evidence highlighted concerns with Care Traffic’s compliance with award provisions – evidence also given by two others who were knowledgeable about Care Traffic’s employment arrangements – satisfied that orders sought are necessary to investigate whether suspected contraventions of Award by Care Traffic are in fact occurring – as to application made under s.519 – evidence of alterations to sheets recording employee’s hours of work – no evidence lead suggesting Care Traffic had concealed or destroyed records prior to investigation – do not reasonably believe that advance notice of entry might result in destruction, concealment or alteration of relevant evidence – exemption certificate declined. Construction, Forestry, Mining and Energy Union and Ors
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