Full Court majority confirms right of entry can extend to apprentice training facilities

Employers should be aware of a significant Full Federal Court majority decision confirming that apprentices undertaking mandatory training during paid working hours may be considered to be performing “work” for the purposes of the union right of entry provisions in the Fair Work Act 2009.

The decision has important implications for employers whose apprentices attend external training facilities as part of their employment and training obligations.

Recent case

In ECA Training Pty Limited v CEPU [2026] FCAFC 138, the Full Federal Court majority upheld penalties imposed after union officials were refused entry to a training centre to speak with apprentices attending mandatory off-the-job training.

The union sought entry under s 484 of the Fair Work Act 2009, which permits authorised union officials to enter premises to hold discussions with employees who perform work on those premises, are eligible to be represented by the union, and wish to participate in those discussions.

The employer argued that apprentices attending training were not performing “work” at the facility and therefore the right of entry provisions did not apply. After the union challenged the refusal, the Federal Court imposed penalties totalling $30,000, and the employers appealed.

The Full Court majority dismissed the appeal, finding that the apprentices were required to attend and complete the training under their employment contracts, enterprise agreement and training contracts. The training occurred during paid working hours, the apprentices remained subject to their employer’s direction and control, and failure to complete the training could result in disciplinary action.

The majority found that, in these circumstances, the apprentices were performing work while attending the training facility and that the union officials were entitled to exercise their right of entry.

The decision confirms that employers cannot necessarily distinguish between “training” and “work” where training is a mandatory and paid component of employment.

Key takeaways for employers

1. Mandatory paid training may constitute ‘work’ under the Fair Work Act 2009.
2. Union right of entry may extend to training facilities where apprentices attend as part of their employment.
3. Apprentices retain workplace rights while attending training, including access to union representation.
4. Refusing a valid right of entry request may result in penalties and legal proceedings.
5. Managers should understand right of entry obligations before denying access to union permit holders.

If you have any questions about apprentices, training obligations or union right of entry, please contact the Workplace Relations Team:

📞 (02) 6175 5900
 📧 workplace@mba.org.au