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Can a Trade Union Enter My Workplace?

Can a Trade Union Enter My Workplace?

Can a Trade Union Enter My Workplace?

A client has recently come to us with issues regarding Trade Unions entering onto construction sites without permission and approaching and pressuring employees to join certain unions.

Set out under the Fair Work Act 2009, a union official who wishes to exercise the right to enter a workplace must hold a federal right of entry permit and comply with the provisions in the Fair Work Act 2009.

Trade union officials cannot enter a construction site without a permit unless acting under a Work Health and Safety Law. 

Union officials do not have an automatic right to enter workplaces. The Fair Work Act 2009 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 entry is under a Work health and safety law.

Furthermore, the Fair Work Act 2009 s 30B (9)(a)(ii) provides that:

...This Act should provide for and continue to provide for…Genuine rights and responsibilities to ensure fairness, choice and representation at work, including the freedom to choose whether or not to join and be represented by a union or participate in collective activities…

In conclusion, feel free to direct any workplace question you may have to or call 3345 4388.

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