What to Do When the Union Turns Up: A Guide for NSW and Australian Workplaces

When a union representative arrives at your worksite in New South Wales (NSW) or anywhere in Australia, it’s crucial to understand both their rights and your responsibilities. Managing these situations effectively ensures compliance with the law and maintains a positive workplace environment.

Understanding Union Right of Entry in NSW and Australia

Union representatives in Australia, including NSW, have specific rights to enter a workplace under certain conditions:

  • Investigating Workplace Law Breaches: Union officials may enter to investigate suspected breaches of workplace laws or safety concerns.
  • Engaging with Union Members: They can hold discussions with employees who are members or eligible to be members of the union.
  • Inspecting Workplace Documents: They may inspect relevant documents or conduct interviews related to a workplace breach or safety issue.

Notice Period and Right of Entry Permits for Union Visits

Notice Period Requirement:
Before entering a workplace, unions must provide written notice to the employer at least 24 hours in advance. This notice should include the purpose of the visit, the names of the union representatives attending, and the specific areas of the workplace they intend to access.

Right of Entry Permits:
Union representatives must hold a valid Right of Entry permit issued by the Fair Work Commission. This permit ensures that the representative is authorised to enter the workplace for the purposes specified in the notice. Employers have the right to request to see this permit upon the representative’s arrival.

Ensuring Compliance with Workplace Rules During Union Visits

Union representatives are required to comply with workplace health and safety policies during their visit, including:

  • Following Safety Protocols: Representatives must wear protective gear and adhere to site safety protocols.
  • Observing Site-Specific Rules: They must sign in and out, following any other site-specific procedures.

Employer and Manager Responsibilities During a Union Site Visit

Verifying Union Notice and Right of Entry Permits:
When a union representative arrives, first verify that they have provided the required notice and confirm they hold a valid Right of Entry permit. If the notice is inadequate or the permit is not provided, you have the right to request that they leave and return with the proper documentation.

Supervising Union Representatives on Site:
Always escort the union representative around the site to ensure they follow safety protocols and that their visit remains within the specified scope.

Protecting Confidential Information During Union Access:
Only provide access to documents or areas directly related to the stated purpose of the visit. Ensure that sensitive employee records and other confidential information remain secure unless legally required to disclose them.

Maintaining Professionalism During Union Interactions:
Stay calm and professional throughout the interaction. Cooperate within the legal framework and avoid confrontation. If uncertain about any aspect of the visit, consult your HR team or legal advisers for guidance.

Scenario 1: Managing a Union Right of Entry Visit for Safety Concerns

Imagine you’re a manager at a manufacturing plant in NSW. One morning, a union representative arrives, stating they need to investigate a safety concern reported by an employee. They present a written notice, given 24 hours earlier, outlining their right to investigate the issue, along with their valid Right of Entry permit.

Verify the Notice and Permit:
You first verify the notice and confirm it meets the legal requirements. You also check that the representative’s Right of Entry permit is current and valid.

Escort the Representative:
You then inform the representative about your site’s safety protocols and provide them with the necessary personal protective equipment (PPE). As you escort them to the relevant area, you ensure they adhere to all site rules.

Provide Access to Relevant Documents:
During the visit, the representative requests access to documents related to the safety concern. You provide the specific documents needed, keeping unrelated records secure.

Document the Visit:
After completing their inspection, the union representative thanks you for your cooperation and leaves the site. You document the visit, noting the areas accessed and the documents reviewed, and follow up with your HR team to ensure everything was handled correctly.

Scenario 2: Handling a Union Visit for Employee Discussions

Now, imagine you’re a manager at a retail store in Sydney. A union representative arrives, seeking to hold discussions with employees who are eligible for union membership. They provide you with a written notice, given 24 hours in advance, specifying the purpose of their visit and showing their Right of Entry permit.

Verify the Notice and Permit:
You review the notice and the Right of Entry permit to ensure everything is in order. You confirm that the notice includes the necessary details and that the permit is valid.

Coordinate the Visit:
You coordinate with the representative to schedule the discussions during employee break times to minimise disruption to the workplace. You also ensure that the meeting area complies with site safety protocols and is appropriate for the discussions.

Supervise the Interaction:
While the discussions take place, you remain nearby to ensure everything proceeds smoothly and that the representative adheres to the agreed-upon areas and times.

Follow Up:
After the discussions, you document the visit, including the employees involved and the areas accessed. You then brief your HR team on the visit and review any follow-up actions that may be needed.

By understanding and respecting the legal framework surrounding union visits in NSW and across Australia, including notice periods and Right of Entry permits, you can manage these interactions smoothly, ensuring compliance while maintaining a productive work environment.