Some members are experiencing varying levels of engagement with unions exercising their Right of Entry (ROE). It’s important to understand expectations for engagement with union representatives, as well as the process for reporting union-related activity to maintain compliance.
First, here are some different examples of union activity you may come across.
- Routine (low-level): handing out materials in public areas, conversations during breaks, external messages or meeting invites, presence near site entrances
- Formal site access: presentation of a valid ROE permit, notice provided (if required), access to lunchrooms or interviews during breaks, requests to inspect documents or meet management
- Organising and representation: recruitment discussions, delegate activity, union-led meetings (e.g., safety, rostering), noticeboard requests
- Industrial activity: this can range from protected (lawful strikes, bans, etc.) to unprotected (walkouts, protests, picketing).
Escalations or non-compliant conduct
In these cases, you must REPORT THE ACTIVITY IMMEDIATELY: no permit or unlawful entry, accessing restricted areas, disruptive or unsafe behaviour, harassment or intimidation, unlawful recording or information requests
Employee and manager expectations
- Always be respectful and professional
- Follow site protocols and request/expect ROE officials to do so as well (sign-in, PPE, escorts)
- Verify ROE permits (authorised staff only – check FWO database or WorkSafe ACT register)
- Remain neutral regarding union membership
Immediate actions for ROE visits
These are the actions you should take during an ROE visit.
- Ensure safety and site protocols
- Verify ROE permit and scope
- Document the interaction – (include who, what, where, and when)
Report promptly by recording details, and additional evidence, of the interaction, or maintain a register.
- For immediate advice email our Workplace Relations Team on workplace@mba.org.au or contact Advisory Director Scott Harris on (02) 6175 5967, or
- If the ROE is relating to a WHS matter, contact Access Canberra on 13 22 81 or worksafe@worksafe.act.gov.au and request to speak to an inspector.
- If the ROE is relating to and Industrial Relations matter, contact the Fair Work Ombudsman (FWO) on 13 13 94.
Tip: when writing a report remember to include:
- Who: Name/organisation of representative; employees involved
- What: Nature of activity; requests made
- Where/when: Site/location, areas accessed, date/time
- How: Materials used (leaflets, digital links), tone of interaction, any disruptions
- Compliance notes: Permit sighted, notice provided, escorted access, adherence to site rules
Summary of do’s and don’ts:
- Do: be courteous and professional, follow site procedures, keep accurate records
- Don’t: obstruct lawful ROE or interfere with protected activity, share confidential information
For advice or questions, contact the Master Builders ACT Advisory team on (02) 6175 5900 or email workplace@mba.org.au.
