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Compliance powers
Practical Law ANZ Glossary w-010-2774 (Approx. 3 pages)
Glossary
Compliance powers
The functions and powers conferred on a Fair Work Inspector, as specified in their instrument of appointment (section 703(1), Fair Work Act 2009 (Cth) (FW Act)).
A Fair Work Inspector may only exercise compliance powers:
- For a compliance purpose (other than a power under sections 715 or 716, FW Act relating to enforceable undertakings and compliance notices).
- When the inspector reasonably believes that the person has contravened:
- a provision of the National Employment Standards (NES); or
The following are not compliance powers:
- An application by the Fair Work Ombudsman (FWO) for the issue of an FWO notice (under section 712AA, FW Act).
- The FWO's power to give a person a FWO notice (under section 712AD, FW Act).