AN150130 – Retail Industry (South Australia) Award
CLAUSE 11.3 RIGHT OF ENTRY
OPDATE 15:03:2006 1st pp on or after
11.3.1 An accredited officer of the Union must be permitted to enter an employer’s premises at which one or more of the Union’s members are employed for the following purposes:
11.3.1.1 To inspect the time books and wage records that the employer is required to keep or cause to be kept at those premises pursuant to section 102 of the Act.
11.3.1.2 To inspect the work carried out by the employees and note the conditions under which the work is carried out.
11.3.1.3 To interview employees (being employees who are members or who are eligible to become members, of the Union) in relation to membership and business of the Union.
11.3.2 No right of entry shall 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 shall be exercised under this clause unless:
11.3.3.1 An accredited officer 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 premises and states to the employer for which of the provisions of clause 11.3.1 the right of entry is sought.
11.3.3.2 The accredited officer 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 this clause on any employer's premises shall 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 clause 11.3.1.3 on those premises, an employer shall not unreasonably withhold consent to a request from an accredited officer of the Union to interview employees during working hours. For the purposes of this clause an employer's premises shall mean each individual premises which an employer shall have under the employer's care and control. Where a right of entry is exercised pursuant to this placitum such right of entry shall be exercised not more than once per calendar year unless otherwise agreed.
11.3.4.2 Where it is not practicable for the accredited officer 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 shall 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 officer of the Union shall 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 pursuant to clause 11.3.1.3).
11.3.8 Where an accredited officer of the Union seeks to interview employees either individually or as a group during meal or tea breaks at the premises of the employer, the accredited officer shall 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 shall 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 by an accredited officer of the Union during working hours (exclusive of meal and tea breaks) shall be kept to the minimum time necessary for the proper effecting of the purposes of that interview.
11.3.11 No accredited officer of the Union shall 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 employees' duties of employment or to interfere with the proper carrying on of the employer's business.
11.3.12 In this clause an accredited officer of the Union shall mean any officer of the Union who produces to the employer an authorisation in writing by 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 shall be processed in accordance with Clause 3.3 Grievance Procedure.
