The right of entry provisions under the Fair Work Act 2009 (Cth) and State and Commonwealth WHS laws permit Union officials to enter a workplace business premises, without the agreement of the occupier/employer, and exercise certain powers whilst at those workplaces. It’s a right which can be exercised independently and irrespective of any enterprise agreement bargaining process.

However, this statutory right of entry is not unconditional and is subject to certain conditions and principal purposes which Union officials must comply with.

Occupiers of the premises / employers also have obligations to authorised Union officials, including not to obstruct or hinder access to the site or to refuse their inspection of certain records or documents when a breach is being investigated.

It is important employers are across these obligations and rights. This webinar will set out key definitions and principals, as well as provide practical guidance and key recommendations on:

• How occupiers/employers should be assessing and treating right of entry requests;
• Expectations as to appropriate conduct by both parties; and
• The means of challenging or questioning access and Union official conduct whilst on site.

Presenters:

Katie Hossain, Lawyer, Ai Group Workplace Lawyers and Workplace Relations Adviser, Ai Group

Daniel Murray, Legal Practitioner Director, Ai Group Workplace Lawyers and Principal Adviser, Workplace Relations, Ai Group

Moderator:

Terry Crotty, Regional Manager NSW of Ai Group