I am concerned that the union may demand to see my employees. What are my rights?

A union official only has the right to enter your premises during business hours and if they hold a valid and current right of entry permit issued by Fair Work Australia.  A permit allows the official to:

  • inspect any work, process or object relevant to the suspected breach;
  • interview any person about the suspected b reach whose interests the permit holder's organisation is entitled to represent and who agrees to be interviewed; and
  • inspect and copy any record or document that is directly relevant to the suspected breach, that is kept on the premises or is accessible from a computer that is kept on the premises.

A written notice is usually required to be given to you before entering your workplace and should be provided to you no less than 24 hours and no more than 14 days before the proposed visit.  Permit holders must:

  • abide by the conditions imposed on their permit;
  • comply with reasonable occupational health and safety requests;
  • comply with reasonable requests to hold discussions in a particular room or area;
  • comply with reasonable requests that certain routes be taken to a room or area;
  • act in a proper manner and not intentionally hinder or obstruct others; and
  • not enter any part of the premises used for residential purposes.

For further information on this topic, please contact Jonathon Hadley or Lydia Daly.

 
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