Fair Work Act and Union Right of Entry
You are here:Union rights to enter employer premises have been strengthened under the Fair Work Act. If Right of Entry is an issue for you, read on.
Unions may enter employer premises where they have members or potential members. This is similar to the WorkChoices requirement that the site have members or employees eligible to be members. However, the Fair Work Act permits unions to enter for
- discussions with employees, whereas this was not permitted under WorkChoices for sites where all employees were on AWAs or non-union agreements; and
- for the purpose of inspecting or copying documents associated with breach, which is a new right.
Where WorkChoices stipulated that right of entry was contingent on the site being covered by an Award or Agreement binding on the union, this restriction is removed under the Fair Work Act. Unions investigating a suspected breach of an Agreement or Award may have access to member’s records. They may also have access to non-member’s records, but only if they have written consent from the employee or permission from Fair Work Australia.
However, the Act contains some new protections for employers:
- Unions may only inspect or make copies of documents that are “directly relevant” to an alleged contravention of an Agreement or Award.
- There are limits placed on the use that may be made of copied documents.
We have created a handy summary of the Right of Entry requirements under the FW Act, including a summary of key differences from the WR Act.
ER Strategies Comment – Unions are in a stronger position under the new legislation. They can now enter premises where there are potential members, which may improve their ability to unionise non-union sites. There is also a legislated right to access non-member records, with the permission of the employee. A practical outcome of these changes may be that more time will be spent in dealing with union demands.
However, employers are not mere hostages to unions on site under either WorkChoices or Fair Work. Unions on employer premises must not intend to, or actually, hinder, obstruct or harass an occupier or employer.
ER Strategies can help if you need to understand exactly what you may and may not do when a union seeks access, or if you have problems with union conduct whilst they are on your premises. Call us on 1300 55 66 37 for help.
Related Articles:
