Over 40 union officials working in the building and construction industry across Australia appear not to hold valid federal right of entry permits.
A valid permit underpins the right of a union official to enter a worksite.
The law stipulates conditions for exercising a right of entry and the law should be complied with by all concerned.
If a union official seeks to exercise a right of entry the official must:
- hold a valid federal permit;
- provide at least 24 hours written notice of entry, unless entry is under an OHS law; and
- show their federal permit and notice of entry on request.
A site manager is entitled to refuse entry to an official who is unable to produce a valid federal permit.
Under the Workplace Relations Act 1996 (WR Act), and from 1 July 2009 under the Fair Work Act 2009 (FW Act), union officials must have a valid right of entry permit to gain entry to a construction site.
A three-step guide to right of entry is available on the ABCC website. You can also find information on right of entry in the Rights and Responsibilities fact sheets.
Did you know you can check the validity of permits online?
The Australian Industrial Relations Commission is responsible for issuing right of entry permits under the WR Act. After 1 July 2009, this will be the responsibility of Fair Work Australia.
You can visit www.airc.gov.au/entry/findentry.htm to check if an organiser has a valid permit.
This means if you receive 24 hours notice that an organiser is to attend your site you can go online and check if the organiser’s permit is valid, meaning they can lawfully enter your site for purposes detailed in the WR Act and, post 1 July 2009, the FW Act
For further information:
Internet: Visit the ABCC website for further information and to download fact sheets and guides
Email: Send an enquiry or make a request for information to be sent to you
enquiry@abcc.gov.au, hotline:1800 003 338