Right of entry for unions: best-practice guide — Australia

The Fair Work Act 2009 (Cth) (FW Act) provides significant rights of entry (ROEs) for unions and potentially provides unions with a powerful recruiting weapon.

There are three types of ROE for union officials seeking to enter ‘workplaces’ under the FW Act: to hold discussions with employees whose interests the union is entitled to represent; to investigate suspected contraventions of the FW Act, industrial instruments and like instruments; and to investigate state occupational health and safety (OHS) matters.

The term used to describe a workplace in the FW Act is by way of the definition of ‘premises’, which is broadly defined as ‘any land, building, structure, mine, mine working, aircraft, ship, vessel, vehicle or place’…

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