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Right of entry

Application

This Policy applies to all departments and public sector bodies of the State of Victoria and their non-executive level employees, as defined under the Public Administration Act 2004 (Vic) (PA Act) and other Victorian legislation.

Overview

Commonwealth and State legislation provide registered employee organisations (i.e. unions) with rights to lawfully enter workplaces. These laws seek to balance:

  • the right of unions to represent their members in the workplace, hold discussions with potential members, and investigate suspected contraventions of workplace laws and instruments, including occupational health and safety laws; and
  • the right of occupiers of premises and employers to go about their business without undue inconvenience

Consistent with the requirements outlined in this Policy the Victorian Government supports the rights of employees to have access to their union and the public sector unions to have lawful access to the workplace by providing requisite notice and without hindering normal operations.

The Fair Work Act 2009 (Cth) (FW Act) and the Occupational Health and Safety Act 2004 (Vic) (OHS Act) set out the circumstances and requirements placed on organisations in order to lawfully enter the workplace.

Right of entry under the Fair Work Act 2009

Public Sector employers must allow holders of permits issued under the FW Act to access the workplace for the purposes of investigating suspected breaches of the workplace relations laws, or to hold discussions with workers whose industrial interests the permit holder’s organisation is entitled to represent. Under the FW Act, an employer may require a permit holder to provide notice. Where this is required, permit holders must generally provide an entry notice at least 24 hours but not more than 14 days before the entry. Further information on these obligations can be found at Right of Entry under the FW Act.

Right of entry to investigate suspected breaches of the OHS Act

Part 8 of the OHS Act gives authorised representatives of registered employee organisations a right to enter Victorian workplaces to enquire into suspected breaches of the OHS Act, or the regulations made under the OHS Act. To enquire into suspected breaches, authorised representatives also have the right to consult with any employee at the workplace who is a member or is eligible to be a member of their organisation, with their consent. Departments and agencies must allow access to the workplace for this purpose. Further information on these obligations can be found at Right of Entry under the Occupational Health and Safety Act 2004.

Employers must work cooperatively and constructively with public sector unions to facilitate lawful access to their workplaces in accordance with the requirements set out in the relevant Act.

Further Information

For further information and advice employees and public sector union representatives should contact the local Human Resources or People and Culture Unit (or equivalent) of the relevant entity for further assistance in the first instance.

People and Culture Representatives of Public Sector Entities should contact their Portfolio Department for further assistance in the first instance.

People and Culture Representatives of Portfolio Departments should contact their usual Industrial Relations Victoria portfolio contact for further assistance in the first instance.

  • Role of Public Sector Unions
  • Consultation and Co-operation in the Workplace

Updated

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