Right of entry
Some of the more significant features of the Fair Work Act 2009 (the Act) include the provisions for unions’ right of entry to a workplace.
Right of entry can include:
- Unions can enter workplaces to hold discussions with employees on the basis that their registered rules provide that they are able to represent the employees
- Unions cannot be excluded by non-union agreements (such as employee collective agreements or Australian Workplace Agreements)
- More than one union may use the right of entry laws to access the same group of employees.
Reasons for entry
Provided they have a valid entry permit and give proper notice of the entry (which, in some circumstances, may be no notice at all), a union official can legally enter an employer’s premises for one of the following three reasons:
- To investigate a suspected breach of the Act or of an industrial instrument
- To hold discussions with employees
- Under state or territory workplace health and safety laws.
If a union official is entering the premises to hold discussions with employees, or to investigate a suspected breach of the Act or of an industrial instrument, the official must give the employer written notice between 24 hours and 14 days before the visit. The visit must take place during working hours.
Each time a union right of entry notice is received or entry is made, an employer – or the employer’s representative – should complete and keep on file the right of entry checklist and record.
Master Builders encourages employers to keep centralised records of any union requesting or being granted entry for the purposes of satisfying the requirements of any audits by the Australian Building and Construction Commissioner or any other party.
Need more information?
Master Builders Human Resources Manual contains comprehensive information about the various provisions for unions’ right of entry under the Act.
As a member, you can also phone us or email us for advice and assistance.
