Union Right of Entry & Delegates' Rights

It is critical for employers to be aware of the changes that recent legislation has made to the rights for unions and the union delegates in your workplace. To be prepared and be able to respond in an industrially appropriate, lawful and considered manner we have created this two book toolkit to save you time and ensure all sites are working from the same process. 

Why you need this

Employers now face liabilities under the General Protections provisions of the FW Act if you unreasonably refuse to deal with delegates, mislead them or hinder or obstruct the exercise of their rights. If you have multiple sites, this toolkit can provide a singular action plan for your business. The toolkit will help you:

• educate your team on the rights of unions to enter your premises and when you can refuse
• understand the new delegates' rights term in modern awards
• ensure delegates and eligible employees are aware of the conditions and limitations 
• provide practical tips, examples and checklists you can use.

What you get

Dealing with unions can be tricky. We've broken the toolkit into two books. Book One will focus on Union Right of Entry. When you have one knocking on your door, you can refer to this and know what you can and can't do, the questions and permits to ask for. Book Two focuses on your Union Delegates, understanding what you legally need to provide them and under what circumstances. With the tools and tips provided, your managers can be clear on when they can refuse something and what support they must offer and when.

The legislation now includes the abililty for organisers to: 

• apply to the Fair Work Commission (FWC) to obtain 'exemption certificates' permitting  the organisers to enter a workplace to investigate suspected contraventions of the Fair Work Act 2009 (FW Act) without advance notice (if the FWC reasonably believes that advance notice of entry would hinder an effective investigation  into the suspected contraventions) and
• not require an entry permit if they are assisting a Health and Safety Representative (HSR) on request under a provision of a State/Territory WHS law.

The new delegates' rights terms are not straightforward and may also be nuanced to your industry. That is why we created this toolkit. It provides a guide to manage each instance, definitions, checklists and questions to ask. It is set out to help provide guidance on the 'reasonable' thresholds so you can operate within your legal rights.

Once you have this two book toolkit, you can share it within your organisation and various worksites so everyone is using the same process to manage this complex area of workforce managment and union presence.

In conjuction with the toolkit, we can provide training to those who would be involved in the frontline. We tailor the content to suit your industry and cover the union right of entry and the delegates' rights in your workplace. 

Get in touch if you're interested in implementing a clear and concise process and operating within the Fair Work Act.