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What will we cover?

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?.

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What will we cover?

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  1. 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

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

  3. 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

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

  5. Suspected breaches cont… • 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 • Can access an AWA member records if request is in writing • Can not access non member records

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

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

  8. 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

  9. 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 documents • Notice must outline reasons for inspection of documents • 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

  10. Fit and proper person test 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 made subject to conditions • Ever been ordered to pay a penalty for conduct under an industrial or OHS law

  11. 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

  12. Contraventions cont… Union/Permit-holder • Must not intentionally hinder or obstruct any person • Must not misrepresent about powers • General abuse of rights eg, recruitment conduct that is unduly disruptive

  13. 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 • Other ie, penalty extended to other permit holders in the union • Compensation

  14. 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

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