Union officials do not have an automatic right to enter workplaces. The Fair Work Act provides permit holders with a right to enter sites for particular purposes and sets out the requirements they must comply with when on a site.
Before entering your site, a union official must:
• hold a valid federal permit; and
• provide at least 24 hours’ written notice of entry (unless the entry is pursuant to State occupational health and safety (OHS) law).
Where an entry by an official is pursuant to State OHS law, the official must still hold a federal permit and comply with relevant provisions of the FW Act, as well as any applicable requirements in the relevant State or Territory OHS law.
For more detailed information, click here to download the Australian Building and Construction Commission’s face sheet.
The ABCC also has a hotline for assistance regarding right of entry issues on 1800 003 338.