Checklist for Union right of entry

Introductory note:
Under Pt 3-4 of the Fair Work Act 2009 (Cth), officials of registered unions have the right to enter employers' premises for purposes of:
•	investigating suspected breaches of federal workplace laws;
•	holding discussions with employees at the workplace; or
•	enforcing occupational health and safety laws.

Union right of entry operates on the basis of the issuing of 'permits' to union officials. There are numerous conditions and requirements applicable to the exercise of entry rights by permit holders, and disputes relating to right of entry can be resolved by the Fair Work Commission (FWC).

This checklist outlines the steps and documentation necessary before a union can lawfully exercise a right of entry.

How to use this checklist:
Begin by identifying the purpose behind a right of entry request. Once established, use either of the following tables to identify whether a right of entry will be lawful:
	1.	Entry to investigate suspected contravention (non outworker)
	2.	Entry to investigate suspected contravention (outworker)
	3.	Entry to hold discussions
	4.	Entry to exercise a state or territory WHS/OHS right

All question (save where indicated) in a particular table must be answered ‘yes’ for that form of entry to be lawful.

Links to related content:
Entry to investigate suspected contraventions of workplace laws
Entry to hold discussions with employees
Entry for WHS purposes