What to do when a union official comes on your site
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. Even with the permit, conditions apply to right of entry.
Your rights
Your rights as an employer/contractor are established by the Workplace Relations Act 1996 (WR Act). Changes to the legislation in March 2006 introduced 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 and an employer will be liable for a penalty of up to $6,600 for an individual and up to $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 for union officials to enter your site
A union official must have one of the following reasons to enter your site:
- investigate, on reasonable grounds, a suspected breach of the WR Act, a workplace agreement, an award or an order of the AIRC, that is binding on the official’s union or binding on an employee who is a member of their union
- hold discussions with employees if work is being done at the site by members, or workers eligible to be members, of the official’s union
- perform inspections and functions under an occupational health and safety (OHS) law. 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.
Requirements for union officials to enter your site
If a union official seeks to exercise a right of entry to your site, they must:
- hold a valid federal permit
- provide at least 24 hours written notice of entry unless entry is under an OHS law*
- show their federal permit and notice of entry on request
- not enter or remain on your site if you require them to produce their federal permit and they refuse to do so
- 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 a union official has not met these requirements you have the right to refuse entry.
Circumstances where there is no right of entry
There is no right of entry for a union official to enter your site:
- if the union official does not have a federal right of entry permit
- if the union official fails to produce their federal permit for inspection if you require them to do so
- to investigate a breach of an Australian Workplace Agreement (AWA) or Individual Transitional Employment Agreement (ITEA) unless the union receives a written request from the relevant employee
- for discussion purposes where all employees at the workplace are on AWAs
- for discussion purposes at a workplace covered by a non-union collective agreement.
Rights of union officials when they are on your site
Union officials have specific rights once they are lawfully on site. In investigating suspected breaches they may, during work hours:
- 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 kept on the premises or accessible on a computer
- serve a notice requiring the production of records at a later date.
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 or interviews
- the route they should take to access particular rooms or areas
- OHS.
Your obligations
You must not refuse or unduly delay entry to a union official who has complied with the WR Act and has a right to enter your site.
What to do if a union official does not have a right to enter and is on 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 for assistance regarding right of entry issues on 1800 003 338.
- Contact the police to remove the union official from your site.
Further Information
You can download a printable version of this fact sheet here: Right of Entry (PDF - 157KB )
Fact sheets and other reference material is available from the ABCC:
Hotline: 1800 003 338
Website: www.abcc.gov.au
The information contained in this fact sheet is correct as at 28 March 2008.
*Note: The WR Act does not require 24 hours written notice if entry is under OHS law, except for the inspection of employment records.
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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