Right of entry and demarcation disputes
Are you aware of which trade union/s
has coverage of your site, and if, or when a union can enter to hold
discussions with employees? Would you know what your rights are if such a situation
occurred? Significant changes have occurred to the rights and obligations of
employers and trade unions in respect of right of entry under the Fair Work Act
2009.
The Fair Work Act 2009 has introduced major changes to right of entry
provisions. The changes relate to union coverage and the removal of entry
restrictions which flowed from various agreement types. The right of
entry and demarcation dispute session will explain when a union may enter an
employers’ businesses, what requirements must be met by the union officials,
the rights of the union while onsite and the rights of the employer. In
practice, this entitles unions to enter any workplace as long as the union’s
rules allow the employees at the workplace to be members of the union.
Further, it will cast some light on what an employer may do where 2 or more
unions are disputing their coverage rights.
Now, more than ever, employers must be aware
of their legal position with respect of union rights of entry. With fines
of up to $6,600 for individuals and $33,000 for corporations for breaches of
legislation and civil penalties stemming from breaches of the Privacy Act 1988,
employers must ensure access to employee records, freedom of association rights
and an employer’s actions are in full compliance with the Act.