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.

[AlexT]

Anyone out there have any experience with difficult unions? Most of my clients are union free due to their size and workforce so I am a bit out of my depth here. I have been asked to attend a meeting with the union on behalf of the employer and with their management team to discuss classifications, wages and other conditions. My client has only 80 staff of which the manufacturing staff are the ones being targeted - I think there are about 40 of them. This union has been putting pressure on the organisation for two weeks, standing out the front of their premises each morning at 7.30am as workers arrive, holding two meetings at lunch times in the factory and not letting the factory manager sit in on the meeting - in fact swearing at him to get out! Now they want a meeting with management. Any tips, advice, strategies would be very welcome.

[The Y-man]

Originally Posted by AlexT

Anyone out there have any experience with difficult unions? Most of my clients are union free due to their size and workforce so I am a bit out of my depth here. I have been asked to attend a meeting with the union on behalf of the employer and with their management team to discuss classifications, wages and other conditions. My client has only 80 staff of which the manufacturing staff are the ones being targeted - I think there are about 40 of them. This union has been putting pressure on the organisation for two weeks, standing out the front of their premises each morning at 7.30am as workers arrive, holding two meetings at lunch times in the factory and not letting the factory manager sit in on the meeting - in fact swearing at him to get out! Now they want a meeting with management. Any tips, advice, strategies would be very welcome.

Is there any particular gripe they have - because it sounds like there is some major issue at hand?

I find in our workplace that the unions have "toned down" a lot as they also realise the difficult position companies are in financially. As such that have gone from "bullying" tactics much more to intensive negotiations.

As with any neogtiation, they will come in with more demands than they expect to get - and expect to be met "halfway" or thereabouts.

Make sure you understand what the business is able to offer - and these may be "left field" or unrelated. Remember that something of relatively low value to the business may be of high value to the employees.

However, before all that, I'd try to underdstand what the main issue is/has been that has made the union(s) a bit antsy.

Cheers,

The Y-man

[AlexT]

thanks for your feedback - much appreciated. The issue that has come to their attention is that the company may have missed paying double time for some Saturday hours for many years. However as I am waiting on my client to make these calculations I am not sure the extent of the problem.

[The Y-man]

Originally Posted by AlexT

thanks for your feedback - much appreciated. The issue that has come to their attention is that the company may have missed paying double time for some Saturday hours for many years. However as I am waiting on my client to make these calculations I am not sure the extent of the problem.

Ok - make sure you find out from your client if these concerns were ever raised with them in the past (i.e. whether it was purely an administrative oversight, deliberate act, or an arrangement that was/is legally ok but is a moral issue)

Good luck!

The Y-man