General Manager’s Report
STEVE OLD General Manager
Union Right of Entry to your Workplace By Charles Lentini Principal Employment Relations Adviser, Queensland Hotels Association The Fair Work Act 2009 (Cth) (‘the FW Act’) gives union officials the right to enter premises to hold discussions with potential members and investigate suspected contraventions. In order to undertake this work the union official must have an entry permit issued by the Fair Work Commission (‘the FWC’). The entry permit is valid for 3 years from the date of issue unless revoked or the permit holder ceases to be a union official. A number of THA members have informed us that they have recently received Right of Entry notices. It is therefore timely to outline of the rights of union officials for member information. Suspected Contraventions under the FW Act or Fair Work Instrument and Discussion (a) Entry Notice Unless the FWC has issued an exemption certificate, a union official must give the affected employer or occupier of the premises (whichever is relevant) an entry notice during working hours at least 24 hours but not more than 14 days before the entry. (b) Investigation of Suspected Contraventions – FW Act or Fair Work Instrument Section 481 of the FW Act allows a union official to enter premises for the purpose of investigating a suspected contravention of the FW Act or a term of a fair work instrument such as a modern award or enterprise agreement. The contravention of the FW Act or term of the fair work instrument must relate to or affect a member of the union official’s union whose industrial interests the union is entitled to represent and performs work on the premises. Section 482 of the FW Act provides that while on the premises a union official may: Our colleagues at the AHA Queensland office have kindly provided the below content for this issue of the Hospitality Review which is timely given United Voice are out and about in our state:
• inspect any work, process or object relevant to the suspected contravention; interview any person about the suspected contravention who agrees to be interviewed and whose industrial interests the union official’s union is entitled to represent; require the occupier or an affected employer to allow the union official to inspect and make copies of any record or document (other than a non-member record or document) that is directly relevant to the suspected contravention and that is kept on the premises or is accessible from a computer that is kept on the premises. Please note there is an exclusion from this requirement if to do so would contravene a law of the Commonwealth or a law of a State or Territory. Section 483 of the FW Act allows a union official by written notice to require an affected employer to produce or provide access to a record or document (other than a non-member record or document) that is directly relevant to the suspected contravention on a later day or days specified in the notice. Please note there is an exclusion from this requirement if to do so would contravene a law of the Commonwealth or a law of a State or Territory. Section 483AA of the FW Act allows a union official to apply to the FWC in order to inspect or make copies of specified non-member records or documents. However, the FWC must be satisfied that the order is necessary to investigate the suspected contravention. (c) Entry to Hold Discussions Section 484 of the FW Act allows a union official to enter premises for the purpose of holding discussions with one or more employees: • who perform work on the premises; • whose industrial interests the union official’s union is entitled to represent; and • who wish to participate. (d) Exercise of Rights Section 490 of the FW Act provides that a union official may only investigate the suspected contraventions or hold discussions during working hours. However, in relation to holding discussions the union official may only do so during meal times or other breaks. Section 492 of the FW Act provides that interviews and discussions must be conducted in the rooms or areas of the • •
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Hospitality Review
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