Are you ready for the Union’s increased right of entry from 1 July?

[Newshound]

Most employers would have heard that the Unions are about to have their rights of entry to your workplace increased to include access to records pertaining to your employees are not Union members, if the Union believes you may have breached the National Employment Standards, a Modern Award or an Enterprise Agreement.

It has been argued in Parliament that this gives the Unions greater powers of entry than the Police and there are obvious concerns that this power may be abused and information gained, misused.

This is a link to the Fair Work Act. The sections that deal with rights of entry are 478 to 521.

So are you ready?
Do you know what your rights are under the new Fair Work Act if a Union official comes knocking and demands to see certain employee records?

[andie]

Hi
Would you have a brief summary of minimum notice periods for right of entry, reasons and rights of employer to refuse?
This would potentially be useful to all, so thought I would ask.

Thanks

[Newshound]

Originally Posted by andie

Hi
Would you have a brief summary of minimum notice periods for right of entry, reasons and rights of employer to refuse?
This would potentially be useful to all, so thought I would ask.

Thanks

I'm sorry I haven't, the FWA Act is massive (650 pages), and from novices perspective it is set out in a very convoluted manner, although it's probably a lot easier to navigate when you know what all the terms mean.

In instances where prior notice is required, the minimum notice period for entry is 24 hours, but not more than 14 days in advance. Also the notice of entry must be served during normal business hours.

There are instances where no prior notice is required. Under Subdivision AA which applies to TCF Outworkers, or if FWA have issued an exemption certificate.

It's hard to know how often the unions are likely to apply for exemption certificates.

With regard to stopping a union official entering your premises, The Act says;

A person must not refuse or unduly delay entry onto premises by a permit holder who is entitled to enter the premises in accordance with this Part.

There are civil remedy provisions for this with the maximum fine being 60 penalty points, or $6600.