Employment Law
Fair Work Act - Right of Entry
The Fair Work Australia Act has introduced right of entry laws that allow union officials to enter premises if they have a valid right of entry permit issued by Fair Work Australia along with a reasonable suspicion that there has been a breach of the Fair Work arrangements.
A breach of the right of entry laws can include a breach of
(a) The National Employment Standards,
(b) An award,
(c) An agreement—past or present;
(d) A Fair Work Australia order; or
(e) Occupational heath and safety laws.
Only one employee has to be affected by the suspected breach to trigger right of entry and he/she does not have to belong to the union in question. However the union has to cover the work performed.
A union official has to give the employer at least 24 hours written notice of a right of entry visit (except in the case of outworkers in the clothing and textile industry).
The Act also gives unions the right to enter the workplace to hold discussions with employees. The entry is triggered by employees who ‘wish to participate in discussions’ with the union, provided the union is entitled to represent them.
While on the premises a union official can:
Only one employee has to be affected by the suspected breach to trigger right of entry and he/she does not have to belong to the union in question. However the union has to cover the work performed.
A union official has to give the employer at least 24 hours written notice of a right of entry visit (except in the case of outworkers in the clothing and textile industry).
The Act also gives unions the right to enter the workplace to hold discussions with employees. The entry is triggered by employees who ‘wish to participate in discussions’ with the union, provided the union is entitled to represent them.
While on the premises a union official can:
- inspect work;
- inspect processes or objects;
- interview people and copy documents ‘relevant to the suspected breach’.
- Employers can also be asked to produce documents or records up to five days after the union visit.
The government is taking the right of entry law very seriously and so should employers. Infringements of the law such as refusing, delaying of obstructing entry incur penalties. However there are also limits on right of entry permits, and so every employer should find out just where they stand for a registered employment lawyer.
