Following changes to the Fair Work Act (2009) union permit holders are able to enter a workplace to investigate suspected underpayments of wages. These provisions will work in unison with the existing powers of the Fair Work Ombudsman to investigate underpayments.
Unions can make an application to the Fair Work Commission for an exemption to the usual 24 hours’ notice requirements to enter a workplace. The Commission will be obliged to provide the waiver if it is satisfied that an underpayment of wages has occurred to a member of that union.
Where this exemption has been misused by a union the Fair Work Commission will be able to impose conditions or ban exemption certificates for a specified period of time. Alternatively the Commission may impose conditions on the use of the exemption certificate.
Employers are also prohibited from acting inappropriately towards a union official where an exemption has been provided.
The provisions will work side by side with existing rules regarding right of entry.
These changes are effective from 1 July 2024.
It is unclear as to why this provision has been added to the Fair Work Act other than to provide unions with the ability to use it against employers whom they wish to annoy. What would really change if the union had to provide 24 hours’ notice to access the same records. Some employers, who may have outsourced their payroll function, will not be able to provide this information to a union official when they walk in the door without appropriate notice.
Employers requiring assistance with union right of entry should contact Hunter Employee Relations.
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Kind Regards
Michael Schmidt
M 0438 129 728
www.hunteremployeerelations.com.au
Industrial Relations - Employment Law - Workplace Performance
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