There seems to be a growing number of instances where HR Consultants/Advisors and Managers are confused about the minimum requirements for the provision of a Right Of Entry Notification under the Fair Work Act, allowing unions to gain access with non-compliant notifications.
There are a number of instances where union officials can exercise their right of entry, the most common being entry to hold discussions with employees who are members of the union under the unions rules.
The minimum requirements for such a notification are:
* The permit holder must give the occupier of the premises and any affected employer an entry notice before entry.
* The notification must be given a minimum of 24hrs prior, and not more than 14 days, to the proposed date of entry.
* The entry notice must be compliant by way of stating the address of the premises the permit holder wishes to enter, the day of the entry, the organisation of which the permit holder is an officials, specify the section that of the Act that authorises the entry, contain a declaration that the permit holder's organisation is entitled to represent the industrial interests of a member who performs work on the premises, and specify the provision of the organisations rules that entitles the organisation to represent the member or TCF outworker.
THESE ARE THE MINIMUM REQUIREMENTS FOR ALL ROE NOTIFICATIONS.
Now although the ROE is covered under the Act, employers are legally able to enforce these provisions, and restrict ROE of officials who's notifications do not comply. In addition to this employers are able to request, at the time of each visit:
* To view a physical copy of the ROE permit from the holder/official who attends site
* To view a copy of the section of the unions rules that specify their ability to represent the industrial interests of the member performing work on site.
* Enforce compliance to OHS and other workplace policies.
The ROE is the first crucial step in any unions organising campaign. Don't just hand it to them on a silver platter, make them work for it........
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