Occupational Health and Safety Right of Entry to West Australian Workplaces

Relevant Legislation in WA Workplace Relations Act, 1996 (Workchoices) and Regulations; WA Industrial Relations Act, 1979; WA Occ. Safety and Health Act, 1984: and WA Mines Safety and Inspection Act, 1994

All other workplaces – OHS Entry

Workchoices Division 5 - limits the right of entry to investigate a breach of the Occupational Safety and Health Act or the Mines Safety and Inspection Act in accordance with Workchoices and the: WA Industrial Relations Act, 1979 (ss 49G and 49I-49O)

Workchoices Coverage – OHS Entry (1) commonwealth workplace commonwealth corporate authority

Workchoices Coverage – OHS Entry (2)

Question (1) Does a union official require a state and federal permit to comply with the provisions of right of entry for ohs purposes onto a workplace (constitutional corporation, commonwealth or territory workplace)?

Question (2) Is the state IR Act ousted by Workchoices (s16) for the purposes of dealing with an ohs issue e.g. a dispute over whether an official can or cannot enter a worksite? Can a union or an employer refer an ohs issue e.g. a dispute over whether an official can or cannot enter a worksite to either the AIRC or the WAIRC for resolution?

Section 16(2) of the Workplace Relations Act. 16(2) State and Territory laws that are not excluded However, subsection 1 does not apply to a law of the State or Territory so far as: (a) … (b) … (c) the law deals with any of the matters (the non-excluded matters) described in subsection (3). 16(3) [Non-excluded matters] The non-excluded matters area s follows: (c) occupational health and safety (including entry of a representative of a trade union to premises for a purpose connected with health and safety

Question (3) Are there any workplaces in WA not covered by the Occ. Safety and Health Act or the Mines Safety Inspection Act? If the answer to that question is ‘yes’ what are the implications for union right of entry on osh issues in those workplaces?