AN150038 – Clerks (Retail Industry) Award
CLAUSE 11.3 RIGHT OF ENTRY
OPDATE 12:03:2004 on and from
11.3.1 An accredited representative of the Union must be permitted to enter the employer's premises at which one or more members of the Union are employed for the following purposes:
11.3.1.1 To inspect time books and wage records as the employer is required to keep or cause to be kept at those premises by Section 102 of the Act.
11.3.1.2 To inspect the work carried out by the employees who are members of the Union and note the conditions under which the work is carried out.
11.3.1.3 If specific complaints of non-compliance with award or enterprise agreements have been made to interview employees who are members of the Union about the complaints.
11.3.2 No right of entry will be exercised under this clause for any purpose or purposes other than the purposes expressly enumerated in clause 11.3.1.
11.3.3 No right of entry will be exercised under this clause unless:
11.3.3.1 the accredited representative of the Union gives at least 24 hours notice to the employer whose premises are to be entered of that officers intention to enter the said premises and states to the employer for which of the provisions of subclause 11.3.1 hereof the right of entry is sought.
11.3.3.2 the accredited representative of the Union complies with all security and safety procedures and restrictions normally in force on the employers premises.
11.3.4 Unless otherwise agreed, the exercise of any right of entry under this clause on an employers premises will take place during meal or tea breaks except where it is not practicable for the accredited representative of the Union to exercise a right of entry during meal or tea breaks on the employers premises.
11.3.5 Unless otherwise agreed, no more than one accredited representative of the Union will be on the premises at any one time during working hours (exclusive of meal and tea breaks).
11.3.6 The employer may nominate a representative who may accompany the accredited representative of the Union throughout the period of that entry onto the employers premises under this clause (except during the period in which the accredited representative is interviewing employees pursuant to 11.3.1.1).
11.3.7 Where an accredited representative of the Union seeks to interview employees either individually or as a group pursuant to 11.3.1.3, during meal or tea breaks at the premises of the employer, the accredited representative will make such arrangements with the employer as to the time and place of such interview or interviews as are necessary to prevent disruption to the employers business.
11.3.7.1 Interviews will either be held in the meal/lunch room on the employers premises or at such other suitable place as may be nominated by the employer. If no suitable place is nominated by the employer, interviews may take place at an employees work station.
11.3.7.2 Any interviews by an accredited representative of the Union during working hours (exclusive of meal and tea breaks) will be kept to a minimum time necessary for the proper effecting of the purposes of that interview.
11.3.8 No accredited representative of the Union will exercise the powers conferred by this clause in such a manner as to hinder or obstruct an employee in the carrying out of the employees duties of employment or to interfere with the proper carrying on of the employers business.
11.3.9 Definitions
11.3.9.1 In this clause an accredited representative of the Union means any officer of the said Unions who produces to the employer an authorisation in writing by the President of the Unions and which authorisation bears a certificate in writing signed by the Industrial Registrar.
11.3.9.2 Employers' Premises means those premises which are under the employer's care and control.
11.3.10 Any dispute as to the operation of this clause will be referred to the Commission.
