Right of Entry – provision of free training with MBA
Posted
Under the Fair Work Act 2009 (Cth) (‘FW Act’) and the Work Health and Safety Act 2011 (ACT) (‘WHS Act’), an entry permit holder can attend your site to hold discussions with your workers and/or to investigate suspected contraventions of the respective legislation.
For right of entry to be properly exercised, an entry permit holder must give certain notices with specified timeframes and fulfil certain requirements, such as showing you their entry permit. However, advance written notice may not apply to all entries. For instance, a permit holder exercising the right of entry power to investigate a suspected WHS breach under the WHS Act is not required to provide written notice prior to entry to the site. This doesn’t mean the permit holder is not required to provide written notice at all. The permit holder must, as soon as is reasonably practicable after entering the site, give notice of the entry and the suspected breach.
From 1 July 2024, Fair Work entry permit holders could apply to the Fair Work Commission for exemption certificates. An exemption certificate may be granted to a permit holder to enter a workplace or business premises without prior notice if they are investigating a suspected breach involving the underpayment of wages to a member of the union who works on the premises and that advance notice would hinder an effective investigation.
As the person with control of the site, you have obligations to comply with when an entry permit holder is exercising their rights under the respective legislation. These obligations are summarised below:
- Not refuse or unduly delay entry to a permit holder
- Not intentionally hinder or obstruct a permit holder
- Not intentionally or recklessly misrepresent or give the impression that they are authorised to do things they are not.
The Workplace Relations and Legal team are available to assist you with right of entry queries. The team is also available to provide you (and your team) with some basic training to empower you with the correct information relating to your rights and obligations when it comes to right of entry.
If you have any questions relating to right of entry, please contact our Workplace Relations and Legal team on (02) 6175 5900.
