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Understanding Workplace Right of Entry Laws

Learn about suspected breaches, discussions with employees, changes in OHS laws, applying for permits, contraventions, penalties, and more. Find out where these laws originate and the rights of workers and property owners.

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Understanding Workplace Right of Entry Laws

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Presentation Transcript

  1. What will we cover? • Introduction & overview • Suspected breaches • Holding discussions with employees • Changes to state OHS ROE laws • Limitations • Applying for a permit • Contraventions and enforcement • Penalties and offences • Summary and overview

  2. Where do right of entry laws come from? Workers’ rights to organise Common law rights of property owners

  3. Objects of ROE laws • A framework to balance the rights of: • Organisations to represent their members, hold discussions with potential members & investigate suspected breaches; and • Occupiers of premises & employers to conduct their businesses without undue interference or harassment

  4. Suspected breaches • 24 hours written notice (no more than 14 days in advance) • Union does NOT have to be a party to an award or agreement • Breach in relation to Act, AWA, workplace agreement or award • Suspected breach must be outlined • Powers to: • Inspect & make copies of records & documents; • Interview employees; • Inspect work, material, machinery or appliances

  5. Suspected breaches cont… • If records not available at time & place of entry can give 14 days written notice to produce • Must reach agreement on where records are to be produced • Can access an AWA member records if request is in writing • Can not access non member records

  6. Exceptions to the rule • Access to non member records • Where the AIRC orders the access is necessary to investigate the suspected breach • Waiving of 24 hours notice of entry • Where Registrar determines • Only where advance notice might result in destruction, concealment or alteration of records

  7. Discussions with employees • 24 hours written notice (no more than 14 days in advance) • Union must be a party to an award or agreement • Discussions can be held with employees who are eligible to be members • Discussions must be held during non working time

  8. Limitations on permit holders An employer can make: • A reasonable request for a permit holder to take a particular route to a particular room or area • A reasonable OHS request eg, PPE, site induction etc However, if there is a dispute over the test of reasonableness refer the matter to the AIRC A permit holder: • Can not access residential premises without the occupier’s consent • Must show their permit when asked

  9. State OHS Right of Entry • A person who holds a state OHS ROE must also hold a federal WR permit to enter a federal WR workplace • Must give 24 hours notice to inspect or access documents • Notice must outline reasons for inspection of documents • Must be exercised during working hours • Must produce permit for inspection on request • Occupier may make a reasonable request to comply with an OHS requirement

  10. Fit and proper person test Has the person: • Received appropriate training about their rights and obligations • Ever been convicted of an offence against a Clth, State, Territory or foreign law re: entry, fraud, dishonesty or intentional use of violence etc • Ever been convicted of an offence under an industrial or OHS law or had a permit revoked, suspended or made subject to conditions • Ever been ordered to pay a penalty for conduct under an industrial or OHS law

  11. Contraventions Employer/others • Must not refuse or unduly delay entry • Must not refuse or fail to allow union to inspect or make copies of documents • Must not intentionally hinder or obstruct union from exercising rights

  12. Contraventions cont… Union/Permit-holder • Must not intentionally hinder or obstruct any person • Must not misrepresent about powers • General abuse of rights eg, recruitment conduct that is unduly disruptive

  13. Penalties and offences • Financial penalties • Individual penalties of up to $6,600 • Penalties for organisations of up to $33,000 • Limitations & conditions of use, suspension or revocation of permit • Other ie, penalty extended to other permit holders in the union • Compensation

  14. Commission Orders • Revoke or suspend some or all of the permits of the union • Impose conditions & limitations on some or all of the permit holders of the union • Ban, for a specific time, the issuing of permits to the union, either generally or to particular persons

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