(From the Fair Work Commission website)
Right of entry refers to the part of Commonwealth workplace laws which regulate the rights of organisation officials (such as a trade union) to enter premises.
These laws seek to balance:
- the right of organisations to represent their members in the workplace, hold discussions with potential members, and investigate suspected contraventions of workplace laws and instruments, including occupational health and safety laws
- the right of occupiers of premises and employers to go about their business without undue inconvenience
- the rights of employees and textile, clothing and footwear award workers (‘TCF award workers’) to receive, at work, information and representation from organisation officials.
For the purpose of the right of entry provisions under The Fair Work Act 2009, an organisation must be federally registered by the Fair Work Commission in accordance with the Fair Work (Registered Organisations) Act 2009. An organisation can be an employee association (e.g. a trade union), employer association, or an enterprise association (an association where the majority of members are performing work in the same enterprise).
There is a special set of rights and obligations for organisation officials when seeking to enter premises and whilst on premises in relation to TCF award workers under the Fair Work Act 2009. For more information about right of entry provisions and entry permits, visit www.fwc.gov.au