Changes to the Fair Work Act now allow a union official, who does not have a Fair Work permit, to access a site to ‘assist’ the site employee Health and Safety Representative.
Under state WHS laws site employee Health and Safety Representatives may request assistance from an external person (not employed at that site) to assist them in their role. When this occurs employers must allow access to the site to carry out that assistance role. However, where the external person is an official of a union they are required to hold an entry permit under the Fair Work Act (2009) before they can enter the workplace to assist.
The Closing Loopholes legislation amends the Fair Work Act to enable entry by removing the requirement for union officials to hold a Fair Work entry permit where they enter to assist the site health and safety representative.
Therefore, under these changes, a union official, who does not have an entry permit, may now enter a site subject to the following requirements:
- They must comply with reasonable directions from the employer relating to site WHS
- They cannot intentionally hinder or obstruct a person
- Not misrepresenting rights that the official may exercise as the HER assistant
- Not disclose or use information obtained as the HSR assistant for unauthorised purposes.
Employers must comply with the entry request and not refuse or delay entry by an official and not intentionally hinder or obstruct them while they are on site as HSR assistant.
These changes are effective from 15 December 2023.
On the surface this does not appear to be too onerous a condition on employers when you consider that most union officials are permit holders. Until you consider that the union officials who do not have a permit, after it has been withdrawn by the Commission for a variety of breaches and unsavoury behaviours, can now enter a site under the above provisions to ‘assist’ the site Health and Safety Representative. Seriously?! This cannot be a good thing. It can in no way be argued this was a necessary change to the Fair Work Act.
If a union official has lost their entry permit as a result of their behaviours, they should not be provided with this back door free pass on to a site. I’m sure there are many other union staff with permits who can also provide assistance.
Employers requiring advice or assistance in relation to union representation or access to your site should contact Hunter Employee Relations.
Kind Regards
Michael Schmidt
M 0438 129 728
www.hunteremployeerelations.com.au
Industrial Relations - Employment Law - Workplace Performance
 |
 |
 |
 |
 |
 |
 |
 |
 |