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Right of Entry Training May 2006

This training covers the introduction and overview of right of entry (ROE) laws, suspected breaches, discussions with employees, changes in state OHS ROE laws, limitations, applying for a permit, contraventions and enforcement, penalties and offenses, and a summary of ROE laws. It also explains where ROE laws come from and the objects of ROE laws.

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Right of Entry Training May 2006

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  1. Right of Entry Training May 2006

  2. 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

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

  4. 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.

  5. 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

  6. 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

  7. 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 Exceptions to the rule

  8. 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 Discussions with employees

  9. 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

  10. 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 State OHS Right of Entry

  11. Fit & 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 subject to conditions • Ever been ordered to pay a penalty for conduct under an industrial or OHS law

  12. 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

  13. 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

  14. 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

  15. 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 Commission Orders

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