Right of Entry

Right of entry is one area under WorkChoices where regulation has actually increased. This is designed to prevent union from exploiting their power and causing industrial conflict as they did under the previous system.

Under WorkChoices, a union official will only be allowed to enter a work site if they have a valid permit, issued by the Australian Industrial Registered in their own name.

A permit holder will have a right to enter a workplace to investigate any suspected breaches of the AFPC standard, award or workplace agreement, for OHS purposes or to address a group of employees. Each of these rights is subject to their own sets of rules and legal advice should be sought if problems eventuate.

However before entering a workplace, a union must give an employer at least 24 hours notice that they intend to exercise their right of entry. A permit holder is also subject to any reasonable request by the employer that the take a particular route through a work site or speak to workers in specific areas. Other conditions also apply depending on what type of entry a permit holder is seeking to exercise.

If an employer is found to have breached their obligations under the Act, they may be subject to a substantial penalty.

On the other hand, any permit holder found to be abusing their power may be subject to pecuniary penalties and may have their permit permanently revoked.