Right of Entry 01/07/2007

Industrial Purposes

Right of entry to investigate suspected breaches of industrial law or industrial instruments or to hold discussions ("industrial purposes") is governed by the Workplace Relations Act 1996 (WR Act).

In order for a union official to enter a site for industrial purposes, the official must:
  • hold a federal permit and show it to the occupier upon request
  • provide the occupier with at least 24 hours’ written notice of entry to investigate a specified suspected breach or to hold discussions with employees
  • only visit during working hours and hold discussions with employees during meal times or other breaks.
If these requirements are satisfied, an occupier must not refuse or delay entry. However, if these requirements are not met, entry to the site for industrial purposes can be refused.

What if a union official wants to enter the site on OHS grounds?

In addition to right of entry for industrial purposes, there is a union right of entry for safety purposes in Qld, NSW, Victoria, ACT and WA, where it is governed principally by the relevant State or Territory OHS legislation. In general terms, if a union official wants to enter a site under OHS law:
  • the official must produce his State (or ACT) authority and his Federal permit on request
  • the official must suspect that there is, or has been, a breach of the relevant OHS legislation
  • there must be an affected worker on site who is eligible to be a member of the relevant union
  • the official must comply with the OHS requirements that apply generally to the site
  • generally no prior notice is required, unless entry is to inspect employment records (in which case 24 hours’ written notice is required).
Once lawfully on site, an authorised official is entitled to reasonable assistance from the occupier, who must not hinder or obstruct the OHS investigation. Subject to this, a representative of the occupier may:
  • escort the official directly to where the suspected breach or breaches are located;
  • stay with the union official during the investigation of the suspected breach or breaches; and
  • once the investigation is completed, escort the official off the site.
There is no union right of entry for OHS purposes inTasmania, South Australia or the Northern Territory.

Site management should keep records of all requests by union officials to visit the site and details of any visit that takes place. Records should include the name of the union official, permit numbers and the reason for the visit.

Where a union official enters a worksite without lawful authority, the site manager should:
  • make it clear the union official does not have the occupier's consent to enter and ask the official to leave;
  • contact the NFIA or the ABCC hotline 1800 003 338 for assistance; and
  • if necessary, contact the police to remove the union official from the site.