Download Discussions with employees

Right of Entry Training
May 2006
What will we cover?
•Introduction & overview
•Suspected breaches
•Holding discussions with employees
•Changes to state OHS ROE laws
•Limitations
•Applying for a permit
•Contraventions and enforcement
•Penalties and offences
•Summary and overview
Where do right of entry laws come from?
•Workers’ rights to organise
•Common law rights of property owners
Objects of ROE laws
A framework to balance the rights of:
Organisations to represent their members, hold discussions
with potential members & investigate suspected
breaches.
and
Occupiers of premises & employers to conduct their
businesses without undue interference or harassment.
Suspected breaches
•
•
•
•
•
24 hours written notice (no more than 14 days in advance)
Breach in relation to Act, AWA, workplace agreement or
award
Union does NOT have to be a party to an award or
agreement
Suspected breach must be outlined
Powers to:
– Inspect & make copies of records & documents;
– Interview employees;
– Inspect work, material, machinery or appliances
Suspected breaches (contd.)
•Can access an AWA member records if request is in writing
•Can not access non member records
•If records not available at time & place of entry can give 14
days written notice to produce
•Must reach agreement on where records are to be produced
Exceptions to the rule
•
1.
Access to non member records
Where the AIRC orders the access is necessary to
investigate the suspected breach
•
1.
2.
Waiving of 24 hours notice of entry
Where Registrar determines
Only where advance notice might result in destruction,
concealment or alteration of records
Discussions with employees
• 24 hours written notice (no more than 14 days in
advance)
• Discussions can be held with employees who are eligible
to be members
• Union must be a party to an award or agreement
• Discussions must be held during non working time
Limitations on permit holders
An employer can make:
• A reasonable request for a permit holder to take a
particular route to a particular room or area
• A reasonable OHS request eg, PPE, site induction etc.
• However, if there is a dispute over the test of
reasonableness refer the matter to the AIRC
A permit holder:
• Can not access residential premises without the occupier’s
consent
• Must show their permit when asked
State OHS Right of Entry
• A person who holds a state OHS ROE must also hold a
federal WR permit to enter a federal WR workplace
• Must give 24 hours notice to inspect or access
employment records
• Notice must outline reasons for inspection of
employment records
• Must be exercised during working hours
• Must produce permit for inspection on request
• Occupier may make a reasonable request to comply with
an OHS requirement
Fit & Proper Person test.
Has the person:
• Received appropriate training about their rights and
obligations
• Ever been convicted of an offence against a Clth, State,
Territory or foreign law re: entry, fraud, dishonesty or
intentional use of violence etc
• Ever been convicted of an offence under an industrial or
OHS law or had a permit revoked, suspended or subject to
conditions
• Ever been ordered to pay a penalty for conduct under an
industrial or OHS law
Contraventions
Employer/others
• Must not refuse or unduly delay entry
• Must not refuse or fail to allow union to inspect or make
copies of documents
• Must not intentionally hinder or obstruct union from
exercising rights
Contraventions (Contd.)
Union
• Must not intentionally hinder or obstruct any person
• Must not misrepresent about powers
• General abuse of rights eg, recruitment conduct that is
unduly disruptive
Penalties and offences
•
•
•
•
Financial penalties
Individual penalties of up to $6,600
Penalties for organisations of up to $33,000
Limitations & conditions of use, suspension or revocation of
permit
• Compensation
• Other ie, penalty extended to other permit holders in the
union
Commission Orders
• Revoke or suspend some or all of the permits of the
union
• Impose conditions & limitations on some or all of the
permit holders of the union
• Ban, for a specific time, the issuing of permits to the
union, either generally or to particular persons