AN150039 – Clerks' (South Australia) Award

CLAUSE 11.3 RIGHT OF ENTRY
OPDATE 26:08:97 1st pp on or after

11.3.1 An accredited representative of the Union must be permitted to enter an employer’s premises at which one or more of the Union’s members are employed at 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 under s102 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 the Award or Enterprise Agreement have been made 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 purposes other than the purposes expressly enumerated in 11.3.1 above.

11.3.3 No right of entry will be exercised under this Clause unless:

11.3.3.1 an accredited representative of the Union gives at least 24 hours notice to the employer whose premises are to be entered of that officer’s intention to enter the said premises and states to the employer for which of the provisions of 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 employer’s premises.

11.3.4 Unless otherwise agreed the exercise of any right of entry under 11.3.1.3 on an employer’s premises will take place during meal or tea breaks except in the following circumstances:

11.3.4.1 Where the Union has not previously exercised a right of entry pursuant to 11.3.1.1 hereof on that premises, an employer must not unreasonably withhold consent to a request from an accredited official of the Union to interview employees who are members during working hours. For the purposes of this sub-clause ‘an employer’s premises’ will mean each individual premises which an employer has under the employer’s care and control. Where a right of entry is exercised pursuant to this placitum such right of entry will be exercised not more than once per calendar year unless otherwise agreed.

11.3.4.2 Where it is not practicable for the accredited officers of the Union to exercise a right of entry during meal or tea breaks on the employer’s premises.

11.3.5 Unless otherwise agreed, no right of entry can be exercised under this Clause on the same premises on more than one occasion per week during working hours (exclusive of meal and tea breaks).

11.3.6 Unless otherwise agreed, no more than one accredited official of the Union can be on the premises at any one time during working hours (exclusive of meal and tea breaks).

11.3.7 The employer may nominate a representative who may accompany the accredited officer of the Union throughout the period of that entry onto the employer’s premises under this Clause (except during the period in which the accredited officer is interviewing employees who are members pursuant to 11.3.1.3 hereof).

11.3.8 Where an accredited representative of the Union seeks to interview employees who are members either individually or as a group during meal or tea breaks at the premises of the employer the accredited officer 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 employer’s business.

11.3.9 Interviews will either be held in the meal / lunch room on the employer’s 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 employee’s work station.

11.3.10 Any interviews of members by an accredited representative of the Union during working hours (exclusive of meal and tea breaks) will be kept to the minimum time necessary for the proper effecting of the purposes of that interview.

11.3.11 No accredited representative of the Union will exercise the powers conferred by this Clause in such a manner so as to hinder or obstruct an employee in the carrying out of the employee’s duties of employment or to interfere with the proper carrying on of the employer’s business.

11.3.12 In this Clause an accredited representative of the Union will mean any elected official or employee of the Union who produces to the employer an authorisation in writing of the President of the Union and which authorisation bears a certificate in writing signed by the Industrial Registrar.

11.3.13 Any dispute as to the operations of this Clause will be referred to the Commission.