1. A union official must have one of the following valid reasons to enter your site:
- Investigate, on reasonable grounds, a suspected breach of the Workplace Relations Act 1996, a collective agreement, an award, an AWA or an order of the AIRC
- Hold discussions with members or workers eligible to be members of the union
- Perform inspections and functions under an OHS law *
If none of these reasons apply you have the right to refuse entry.
2. To enter your site a union official must:
- Hold a valid federal permit
- Provide at least 24 hours written notice of entry *
- Show their federal permit and notice of entry on request
- Only visit during working hours and hold discussions during meal times or other breaks
- Provide details of breach under investigation (if any)
If any of these requirements have not been met you have the right to refuse entry.
3. If the union official meets all the requirements for entry and has a valid reason to enter:
- You must not refuse or delay entry
- You should ensure safety issues associated with the entry have been addressed.
See below for information on your right and the union official's rights once they are lawfully on site.
Your rights when a union official is on site
Union officials must comply with your reasonable requests about:
- The rooms or areas they may use on the site for holding discussions
- The route they should take to access those rooms or areas
- Occupational health and safety
Rights of union officials when they are on your site
In investigating suspected breaches that apply to the official's union they may:
- Inspect or view any relevant work, material, machinery or appliance
- Interview employees who are members or eligible to be members of their union about the suspected breach
- Require you to allow them to inspect and make copies of relevant records of their members held on the premises or accessible on a computer
- Serve a notice requiring the production of records at a later date
Entry without Consent
If a union official enters your site without your consent:
- Make it clear the union official does not have your consent to enter and ask them to leave
- Contact the ABCC hotline on 1800 003 338 for assistance
- Contact the police to remove the union official from your site
* Under the Workplace Relations Act 1996 union officials who enter a worksite for OHS purposes must hold a valid federal permit, produce that permit on request, exercise those rights during working hours and comply with reasonable OHS requirements.
The right to enter a workplace for OHS purposes is primarily governed by state and territory laws. For more information about OHS right of entry, contact the relevant state or territory authority.
Disclaimer: This is intended as an information guide only, not as legal advice. You should seek independent legal advice if required. This information is correct as at 7 February 2008. Produced by the Office of the Australian Building and Construction Commissioner ABN 68 003 725 098
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