A union official may want to enter a workplace or business premises. If they have a 'right of entry' permit from the Commission, the law gives them permission to enter for specific reasons.
Reasons an official may want to enter a workplace
Anyone can check if an official has a current permit.
1. The Fair Work Act allows them to enter a premises to:
- investigate if they suspect the employer has breached the Act and other instruments*
- investigate breaches that relate to outworkers* in the textile, clothing and footwear industries
- meet with employees
- use their rights under occupational health and safety laws.
2. Under the Work Health and Safety Act (WHS Act), an official can enter premises to:
- investigate if they suspect the employer has breached the WHS Act
- inspect documents that relate directly to a suspected breach or contravention*
- consult and advise workers.
What a union official must do for right of entry
To enter a workplace under the Fair Work Act, the official must:
- have a current Fair Work entry permit that we give them
- send the employer a Fair Work entry notice that follows the rules in the Act.
Find out the rights and obligations of Fair Work entry permit holders when they want to enter a premises.
To enter a workplace under the WHS Act, the official must:
- have a current Fair Work entry permit
- have a current WHS entry permit that either:
– we give them (if the Commonwealth jurisdiction covers the workplace)
– a state or territory authority issues (if one these jurisdictions covers the workplace)
- send the employer a WHS entry notice that follows the rules in the WHS Act.
Find out the rights and obligations of WHS entry permit holders when they want to enter a workplace.