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ARTICLE · 28 DECEMBER 2016

When a union official comes knocking - to enter a workplace

Employers must understand their rights (and those of union officials) regarding right of entry under the WHS and FW Act.

AustraliaEmployment and HR

Did you hear the one about the "crocodile hunter" who stopped a concrete pour at a construction site? Or the union official who abused a safety manager, threw away his lunch and locked him out of the crib room? How about the HR manager who threatened to confiscate a union newsletter detailing the company's unlawful enterprise agreement?

Workplace interaction between unions and employers provides fertile ground for conflict but what does the law say about a union's right to access your workplace and speak to your workers?

What is right of entry?

Right of entry describes the regulation of a union's right to enter workplaces. Right of entry provisions in the Work, Health and Safety Act 2011 (WHS Act) and the Fair Work Act 2009 (FW Act) aim to strike a balance between a union's right to represent its members by holding discussions and investigating possible contraventions of WHS laws in a workplace, and the right of employers to carry out business without

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