LexisNexis Practical Guidance®

Union officials in the national system have a limited right of entry into Australian workplaces. These rights can be found under Pt 3-4 of the Fair Work Act 2009 (Cth). While employers are free to allow union officials to enter their workplaces at their discretion in relation to any other matters, they have no choice when it comes to the following circumstances when a union official seek to enter their workplace for the purpose of:

• • investigating suspected breaches of federal workplace laws (see Does a union have the right to enter any workplace?);
• • holding discussions with employees at the workplace (see Does a union have the right to enter any workplace?); or
• • enforcing workplace health and safety laws (see Which laws apply when the union enters for WHS purposes?).

This is of course subject to instances where the requesting union official has the required permit, and has provided the required notice. See What do I need to know about entry permits? 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.

When a union official is granted entry to the workplace by an employer, there are a number of rights and obligations that are placed on the union official while they remain at the workplace. For a better understanding of the instruction that an employer can lawfully give a union official, see What are the rights and obligations once a union has entered the workplace?