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Right of entry laws enable a union official to enter your workplace and investigate a suspected breach of legislation or have discussions with your employees (if registered to represent them), under the Fair Work Act 2009.
The union official (permit holder) can legally enter your premises if they:
- Give the required written notice
- Present a valid entry permit
- Attend during work hours
- Comply with visitor requirements.
Right of entry process
We've developed a series of flowcharts to help you understand ‘Right of Entry’, which detail entry requirements under the Fair Work Act 2009* and the Work Health and Safety Act 2011.
Fair Work Act 2009
Recent changes to the WHS Act
From 20 May 2024, changes to the Act affecting union right of entry for entry permit holders (EPHs) came into effect. This means:
- An EPH can remain at a workplace for the time necessary to achieve the purpose of their entry
- A notice of entry issued by an EPH is not invalid simply due to a formal defect, irregularity or failure to use a correct name (if it still reasonably identifies a person or relevant union)
- Where an EPH has issued a notice of entry and remains at the workplace, an EPH may access documents kept or accessible at the workplace, and consult with relevant workers without giving further notice
- A reasonable request directed at an EPH should not unduly delay, unreasonably prevent or hinder them from exercising their rights.
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