Posts: right of entry

The Fair Work Act 2009 (Cth) sets out the union right of entry to entitlements and requirements. The right of entry provisions are intended to draw a balance between the right of organisations to represent their members and the right of employers and occupiers to operate without undue inconvenience.

There are only limited circumstances in which a union or union representative are entitled to enter the workplace of an employer. One such circumstance is permitted by work health and safety (WHS) legislation – and it permits a WHS entry permit holder to enter a workplace for the purpose of inquiring into a suspected contravention of WHS legislation that relates to, or affects, a relevant worker.

Following a number of major changes to the Fair Work Act 2009 (Cth), it is more important than ever for employers to know what to do and say when approached by a union or union official in their workplaces.