Right of Entry Training May 2006

What will we cover? Introduction & overview Suspected breaches Holding discussions with employees Changes to state OHS ROE laws Limitations Applying for a permit Contraventions and enforcement Penalties and offences Summary and overview

Where do right of entry laws come from? Workers’ rights to organise Common law rights of property owners

Objects of ROE laws A framework to balance the rights of: Organisations to represent their members, hold discussions with potential members & investigate suspected breaches. and Occupiers of premises & employers to conduct their businesses without undue interference or harassment.

24 hours written notice (no more than 14 days in advance) Breach in relation to Act, AWA, workplace agreement or award Union does NOT have to be a party to an award or agreement Suspected breach must be outlined Powers to: –Inspect & make copies of records & documents; –Interview employees; –Inspect work, material, machinery or appliances Suspected breaches

Suspected breaches (contd.) Can access an AWA member records if request is in writing Can not access non member records If records not available at time & place of entry can give 14 days written notice to produce Must reach agreement on where records are to be produced

Exceptions to the rule Access to non member records 1.Where the AIRC orders the access is necessary to investigate the suspected breach Waiving of 24 hours notice of entry 1.Where Registrar determines 2.Only where advance notice might result in destruction, concealment or alteration of records

Discussions with employees 24 hours written notice (no more than 14 days in advance) Discussions can be held with employees who are eligible to be members Union must be a party to an award or agreement Discussions must be held during non working time

Limitations on permit holders An employer can make: A reasonable request for a permit holder to take a particular route to a particular room or area A reasonable OHS request eg, PPE, site induction etc. However, if there is a dispute over the test of reasonableness refer the matter to the AIRC A permit holder: Can not access residential premises without the occupier’s consent Must show their permit when asked

State OHS Right of Entry A person who holds a state OHS ROE must also hold a federal WR permit to enter a federal WR workplace Must give 24 hours notice to inspect or access employment records Notice must outline reasons for inspection of employment records Must be exercised during working hours Must produce permit for inspection on request Occupier may make a reasonable request to comply with an OHS requirement

Has the person: Received appropriate training about their rights and obligations Ever been convicted of an offence against a Clth, State, Territory or foreign law re: entry, fraud, dishonesty or intentional use of violence etc Ever been convicted of an offence under an industrial or OHS law or had a permit revoked, suspended or subject to conditions Ever been ordered to pay a penalty for conduct under an industrial or OHS law Fit & Proper Person test.

Contraventions Employer/others Must not refuse or unduly delay entry Must not refuse or fail to allow union to inspect or make copies of documents Must not intentionally hinder or obstruct union from exercising rights

Contraventions (Contd.) Union Must not intentionally hinder or obstruct any person Must not misrepresent about powers General abuse of rights eg, recruitment conduct that is unduly disruptive

Penalties and offences Financial penalties Individual penalties of up to $6,600 Penalties for organisations of up to $33,000 Limitations & conditions of use, suspension or revocation of permit Compensation Other ie, penalty extended to other permit holders in the union

Commission Orders Revoke or suspend some or all of the permits of the union Impose conditions & limitations on some or all of the permit holders of the union Ban, for a specific time, the issuing of permits to the union, either generally or to particular persons