There are special right-of-entry provisions for suspected breaches in the textile, clothing and footwear industry (TCF).
A union official, who's entitled to represent TCF outworkers and who holds a permit, may enter a workplace to look into a suspected breach of:
- an award or agreement
- federal workplace relations laws that relate to TCF outworkers
- a designated outworker term in an instrument (eg. award) that relates to TCF outworkers.
They don't need to give advanced notice and may access records of non-union members if the records directly relate to the suspected breach.
The union official must hand over the entry notice to the person who occupies the premises or the employer either before they enter or as soon as possible afterwards.
For the union official to enter a workplace and investigate a breach, there's no need for an outworker to work at the premises.
This is because, under certain designated outworker terms, there are obligations an employer must meet even if they don't directly engage or employ outworkers.
A union official can also enter a premises that has documents (either hardcopy or on computer) relating to the suspected breach, even if the TCF outworkers they represent work at another premises.
While on the premises, the union official may:
- inspect any work, process or object that relates to the suspected breach
- talk to any person about the suspected breach:
- who agrees to be interviewed
- who's entitled to be represented by the union
- ask the person who occupies the premises or employer to let them look at / copy any record or document that directly relates to the suspected breach (it must be on the premises in hardcopy or on computer).