Document ID: chunk:federal_register_of_legislation:C2017A00101:clause:1_712aa:p1
Version: federal_register_of_legislation:C2017A00101
Segment Type: clause
Provision Reference: sch 1 cl 712AA (pt 1/2)
Character Range: 26403–29114

712AA  Fair Work Ombudsman may apply to nominated AAT presidential member for FWO notice

General requirements
 (1) The Fair Work Ombudsman may apply, in writing, to a nominated AAT presidential member 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 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
 (vi) the unlawful discrimination of a person in relation to employment; or
 (vii) a contravention of a provision of the National Employment Standards; 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.

Application must be accompanied by affidavit
 (5) An application for an FWO notice must be accompanied by an affidavit by the Fair Work Ombudsman including the following:
 (a) the name of the person to whom the application relates;
 (b) details of the investigation (or investigations) to which the application relates;
 (c) the grounds on which the Fair Work Ombudsman believes the person has information or documents, or is capable of giving evidence, relevant to the investigation (or investigations) referred to in paragraph (b);
 (d) details of other methods used to attempt to obtain the information,