What unions can do when they enter
When a union official enters the workplace to look into a suspected breach they can:
- inspect any work, process or object that directly 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).
What unions can't do
- A union official can't ask to see the records of a non-union member (unless the non-union member gives their permission, or the union official is allowed to under a Fair Work Australia order).
- A union official can't hold discussions with employees during paid work time. Discussions must take place during meal times or other breaks.
Accessing records - in detail
Records, including employees' personal information, can only be accessed if they directly relate to the suspected breach.
Records could include:
- time sheets
- pay slips
- work rosters
- leave records.
Once the union has an employee's personal information, strict rules govern what the union can do with this information.
The union cannot disclose any of the information unless there are special circumstances, such as where there's a serious threat to public health or safety.
Note: The person occupying the premises or the employer doesn't have to hand over / make copies of records if this breaches federal, state or territory law.