An official (which includes an officer or an employee) of an industrial organisation, such as a union, has the right to enter a workplace to:
- look into a suspected breach of an award or agreement
- look into a suspected breach of federal workplace relations laws
- look into a suspected breach of state or territory occupational health and safety (OH&S) laws in some states and territories
- hold discussions with employees who are entitled to be represented by the union.
Important! Special right of entry rules apply for suspected breaches relating to outworkers in the textile, clothing or footwear industry.
Permit - a must have
For an official to enter the workplace, they must have a valid and current right-of-entry permit from Fair Work Australia.
They must show this permit when asked by the person who occupies the premises or the employer.
They must also show this permit when they require access to documents relating to a suspected breach.
If the official has a valid permit and has complied with the relevant rules, an employer must not stop them from entering the workplace. If they do stop the official, they may be breaching federal workplace relations laws related to right of entry.
Rules to entering a workplace
Suspected breaches
For a union official with a permit to enter a workplace to investigate a suspected breach of federal workplace laws or an award or agreement:
- the suspected breach must relate to or affect at least 1 member of the union
- the member works on the premises and is entitled to be represented by the union
- they give written notice during working hours at least 24 hours but no more than 14 days before entering the workplace (unless Fair Work Australia allows otherwise)
- they enter the workplace within work hours and follow any reasonable directions from the employer, including health and safety rules.
Meetings & discussions
A union official with a permit is entitled to enter a workplace to hold discussions with employees or outworkers if:
- they work on the premises, want to participate in discussions and are entitled to be represented by the union
- the union has given written notice during working hours at least 24 hours but no more than 14 days before entering the premises (unless Fair Work Australia allows otherwise).