INFORMATION
RIGHT OF ENTRY
KNOW YOUR RIGHTS AND RESPONSIBILITIES The object of the right of entry system is to balance the rights of organisations to represent their members and the rights of site occupiers to go about their business without undue inconvenience. Right of entry accounts for almost a third of all current Australian Building and Construction Commission (ABCC) investigations. In 2019, a quarter of all complaints made to our 1800 hotline related to right of entry issues. The ABCC currently has 12 matters before the Court where the main allegation is right of entry breaches.
LEGAL REQUIREMENTS
RIGHT OF ENTRY PERMIT LIST All union officials wishing to exercise a right to enter a worksite must hold a valid federal right of entry permit. You can check if a union official holds a valid entry permit on the entry permit page on the FWC website. The ABCC also has a list of officials whose federal entry permit has been revoked or has had conditions imposed. Visit our website for the up-to-date list: abcc.gov.au/resources/ right-entry-permit-lists
ENFORCEMENT
A union official who holds a valid federal right of entry permit can lawfully enter a site or premises to:
The ABCC has successfully prosecuted and intervened in a number of right of entry matters in Court, resulting in substantial penalties being imposed on industry participants.
» investigate a suspected breach of the Fair Work Act (FW Act) or a fair work instrument (including a modern award or enterprise agreement)
All parties need to respect each other’s rights on Australian building sites and knowing your rights and obligations is crucial.
» hold discussions with eligible employees
You can find out more about these matters on our website: www.abcc.gov.au/legal-cases
» exercise a right to enter that is conferred on them under a state or territory OHS law. Detailed information on the ABCC website outlines the requirements that union officials must fulfil in each of the three scenarios mentioned above. Employers and site occupiers should familiarise themselves with this information and should not refuse or delay entry by permit holders, not hinder or obstruct a permit holder and not misrepresent matters authorised by the right of entry provisions in the FW Act.
HOW CAN THE ABCC HELP? ON SITE APP: The app steps you through several right of entry scenarios: abcc.gov.au/app PRESENTATIONS: The ABCC is available to visit your workplace and provide right of entry presentations. You can fill out this form to request one: abcc.gov.au/ book-presentation WEBSITE: For detailed right of entry information: abcc.gov.au HOTLINE: 1800 003 338 (7am-7pm AEDT) Monday to Friday excluding public holidays.
14
COMMISSIONER STEPHEN MCBURNEY
