Hospitality Review - Dec 2016

(b) Entry Notice In order to exercise this OHS right, section 495 of the FW Act requires a union official to give: • the occupier of the premises and any affected employer a written notice setting out his or her intention to exercise the right and the reasons for doing so; and (c) Exercise of Rights Section 489 of the FW Act provides that a union official may only exercise this OHS right during working hours. Conclusion Union officials who are permit holders under the FW Act have extensive rights to enter premises for the purpose of holding discussions with potential members and investigate suspected contraventions. Employers need to be aware of these rights in order to ensure compliance. Further Information Financial THA members seeking more information, or wishing to discuss a specific matter related to this topic, are encouraged to contact the Industrial Relations Department for a confidential discussion. Contact the Department on telephone 6220 7300 or via email merv@tha.asn.au • the notice be given at least 24 hours before exercising the right.

premises agreed with the occupier of the premises. If the union official and the occupier cannot agree, the interview or discussions can take place in any room or area: • in which one or more of the persons who may be interviewed or participate in the discussions ordinarily take meal or other breaks; and that is provided by the occupier for the purpose of taking meal or other breaks. • Section 493 of the FW Act provides that a union official must not enter any premises that is mainly used for residential purposes. Exercise of State or Territory OHS Right (a) State or Territory Occupational Health and Safety Law Section 494 of the FW Act gives a union official the right to enter premises, inspect or otherwise access an employee record of an employee that is on the premises. However, that right must be conferred by a State or Territory occupational health and safety (’OHS’) law and the premises or right must essentially be associated with a constitutional corporation such as a company. The Work Health and Safety Act 2011 (Tas) is a recognised State occupational health and safety law and most employers or occupiers of premises would operate as a company (eg. ABC Hotel Pty Ltd). Therefore, there would also be coverage under section 494 of the FW Act.

December 2016

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