National workplace laws regulate who can enter your premises and who has right of entry.
These laws regulate the right of unions to:
- hold discussions with potential and existing members
- investigate suspected contraventions of workplace relations laws and instruments.
The law seeks to balance the right of organisations with the right of employers to conduct their business without undue harassment or interference.
Officials
Organisation officials
To enter premises, an official must have a permit from Fair Work Australia (FWA).
FWA issues permits to an official who's deemed a fit and proper person. FWA considers factors, such as whether the official has had training about their rights and responsibilities and whether the official has ever been convicted of an offence against workplace relations laws.
Union officials
A union official who holds a permit can, during work hours, enter your workplace to investigate a suspected contravention of national workplace relations laws or an award or agreement relating to a member who performs work at your premises.
Certain union officials can also investigate a suspected breach of state or territory occupational health and safety (OH&S) laws in some states and territories.
A union official can inspect work and machinery, interview persons and inspect and copy records relevant to the suspected contravention.
A union official may also enter your workplace to hold discussions with employees who work on your premises and who are able to be represented by the union and who wish to participate.
Union officials must give the required notice to enter a workplace.
Government officials
Fair Work Inspectors have the right to inspect a workplace if they believe work governed by national workplace relations law or a national system award or agreement is being or has been done there.
Inspectors aren't allowed to use force to enter the workplace, but don't need permission from the occupier.
Superannuation & tax
See:
ATO website
Occupational health & safety
Health and safety regulations and legislation are generally the responsibility of state and territory authorities.
State / territory
Federal:
Contraventions of right of entry rules
Employers, employees or officials who believe that the right-of-entry rules have been contravened can get help from the Fair Work Ombudsman.
Need help? Call the Fair Work Infoline on 13 13 94.
Before contacting us please read the key questions our Fair Work advisor may need to ask you.
Fair Work Australia can also deal with right-of-entry disputes.
Are you in the building and construction industry?
Visit the
Australian Building & Construction Commissioner website.