UNION OFFICIALS ENTERING THE WORKPLACE
Union officials can enter the workplace if the employer agrees for them to enter.
Union officials can also enter the workplace if they have a valid right-of-entry permit issued by the Fair Work Commission (the Commission) and they wish to visit the workplace:
- to look into a suspected breach of workplace laws, including
- a worker wishes to speak to them.
When union officials enter a workplace they can speak with workers only if:
- the workers are at the workplace and they want to speak to them or
- there is a suspected breach and the worker is entitled to be represented by the union.
Union officials do not have an automatic right to enter workplaces. The FW Act provides permit holders with a right to enter sites for particular purposes and sets out the requirements they must comply with when on a site.
Before entering your site, a union official must:
- hold a valid federal permit; and
- provide at least 24 hours’ written notice of entry (unless the entry is pursuant to a State or Territory occupational health and safety (OHS) law).