Union right of entry
Authorised representatives of employee organisations (e.g. unions) have powers under the Workplace Health and Safety Act 1995 (PDF, 766 KB) to enter workplaces to:
- discuss workplace health and safety matters; and
- investigate suspected contraventions of workplace health and safety law.
Representatives are authorised to exercise these powers under both state and federal laws if they hold the appropriate identification card or permit. For workplaces covered by the federal Workplace Relations Act 1996, for example workplaces occupied by a corporation, both state and federal authorisation is required for a representative to enter a workplace.
A representative is authorised in Queensland by the Industrial Registrar. An authorised representative is then provided with an identification card under the Workplace Health and Safety Act 1995.
A federal permit is issued under the Workplace Relations Act 1996 by the Australian Industrial Registrar. It is referred to as a permit to enter and inspect premises.
Entry to discuss workplace health and safety matters
An authorised representative may enter a workplace to discuss workplace health and safety matters:
- if a worker working at the place is a member, or is eligible to be a member, of the representative’s employee organisation
- after giving 24 hours written notice of the entry and reasons for the entry
- only with eligible members who wish to take part in the discussions
- only during work break times, such as meal breaks, periods immediately before or after work commences
There are also requirements for notification of entry by a representative and expectations for the conduct of both occupiers (e.g. employers) and representatives.
Penalties (including disciplinary action) exist under state and federal laws if an occupier (e.g. employer) or representative contravenes these requirements.
For detailed information on the powers of representatives, notification requirements, expectations of conduct and penalties refer to the Legislative Application: Union right of entry (PDF, 155 KB)
Entry to investigate suspected contraventions of workplace health and safety law
An authorised representative may enter a workplace to investigate suspected contraventions of workplace health and safety law:
- if a worker working at the place is a member, or is eligible to be a member, of the representative’s employee organisation; and
- if they reasonably suspect a contravention has happened or is happening at the place that relates to or affects the eligible member
There are also requirements for notification of entry by a representative, including giving a written notice of the entry and reasons for the entry, and expectations for the conduct of both occupiers (e.g. employers) and representatives.
After entry an authorised representative has a number of powers to investigate the suspected contravention. This includes the power to:
- inspect plant, substances or other things relevant to the suspected contravention outlined in their written notice;
- observe work being carried on;
- speak to eligible members with their consent;
- speak to the occupier about matters relevant to the suspected contravention outlined in the written notice;
- require documents to be produced or copied only if the documents are relevant to the suspected contravention outlined in the written notice. If these documents are employment records then the representative must give 24 hours written notice of their intention to inspect these records including reasons; and
- require the occupier to give reasonable help to exercise these powers.
Penalties (including disciplinary action) exist under state and federal laws if an occupier (e.g. employer) or representative contravenes these requirements.
For detailed information on the powers of representatives, notification requirements, expectations of conduct and penalties refer to the Legislative Application: Union Right of Entry (PDF, 155 KB)
Last updated November 17, 2006
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