Union officials do not have an automatic right to enter workplaces. A union official who wishes to enter premises must hold a federal right of entry permit and comply with the right of entry provisions in the WR Act before they can exercise that right to enter a workplace.
Your rights
Your rights as a permit holder are established by the Workplace Relations Act 1996 (WR Act). Legislation came in to effect March 2006 introducing new right of entry provisions. Right of entry clauses can no longer be included in workplace agreements. If right of entry clauses are included in workplace agreements, they will be void. A person or union who seeks to include a right of entry clause, or any other clause containing prohibited content, will be liable for a penalty of up to $6,600 for an individual and $33,000 for a body corporate.
Right of entry clauses in agreements made prior to 27 March 2006 (pre-reform agreements) will remain valid until the agreement is terminated or replaced.
Reasons to enter a site
If you are a federal permit holder you may enter a site to:
- investigate, on reasonable grounds, a suspected breach of the WR Act, a workplace agreement, an award or an order of the Australian Industrial Relations Commission (AIRC), that is binding on your union or binding on an employee who is a member of your union
- hold discussions with employees if work is being done at the site by members, or workers eligible to be members, of your union
- perform inspections and functions under an occupational health and safety (OHS) law of a State or Territory, provided you hold a federal right of entry permit.
Requirements for you to enter a site
You must:
- hold a valid federal permit
- provide at least 24 hours written notice of entry unless entry is under an OHS law*
- show your federal permit and notice of entry if requested
- only visit during working hours and hold discussions during meal times or other breaks
- where entering to investigate a suspected breach, provide sufficient details and facts which give rise to the breach on the notice
If you do not meet these requirements you do not have the right to enter the site.
Circumstances where you have no right of entry
You will not have a right to enter a site:
- if you do not have a federal right of entry permit
- if you do not produce your federal permit or entry notice if you are requested to do so
- to investigate a breach of an Australian Workplace Agreement (AWA) or Individual Transitional Employment Agreement (ITEA) unless your union receives a written request from the relevant employee
- to hold discussions where all employees at the workplace are on AWAs
- to hold discussions at a workplace covered by a non-union collective agreement.
Your rights when you are on your site
As a union official you have specific rights once you are lawfully on site. In investigating suspected breaches you may:
- inspect or view any relevant work, material, machinery or appliance
- interview employees who are members or eligible to be members of your union about the suspected breach
- require the employer to allow you to inspect and make copies of relevant records of your members kept on the premises or accessible on computer
- serve a notice requiring the production of records at a later date.
Your obligations
You must comply with the employer’s reasonable requests about:
- the rooms or areas you may use on the site for holding discussions
- the route you should take to access those rooms or areas
- OHS.
What to do if you have been refused or delayed lawful entry onto a site
- write a letter to the occupier of the premises confirming that you have been refused or delayed a right of entry onto a site and that this may constitute a breach of the WR Act or the workplace agreement.
- contact the ABCC hotline for assistance regarding right of entry issues on 1800 003 338.
Further Information
You can download a printable version of this fact sheet here: Right of Entry - Federal Union Officals: What to do when visiting a site (PDF - 159KB)
Fact sheets and other reference material is available from the ABCC:
Hotline: 1800 003 338
Website: www.abcc.gov.au
*Note: The WR Act does not require 24 hours written notice if entry is under OHS law except if you wish to inspect employment records. Where entry is under an OHS law, you must hold a federal permit and comply with the right of entry provisions in the WR Act. In addition you must comply with any requirements in the relevant State or Territory OHS law.
The information contained in this fact sheet is correct as at 28 March 2008.
This material is for general information only. You should seek legal advice in relation to your particular circumstances. The Australian Government, its employees and agents do not accept any liability for action taken in reliance on this document and disclaim all liability arising from any error or omission. ABN 68 003 725 098
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