From Clayton Utz
Both those with an entry permit and employers have obligations in how the right to entry is exercised.
A union official who holds a Work Health and Safety (WHS) entry permit and a Fair Work Act 2009 permit is permitted to enter workplaces to:
- inquire into suspected work health and safety (WHS) contraventions that affect or relate to relevant workers (ie. a worker who is a member, or eligible to be a member of the union the WHS entry permit holder represents, whose industrial interests that union is entitled to represent and who works at the workplace entered);
- inspect employee records or information held by another person, or
- consult and advise relevant workers who wish to participate in discussions about WHS matters.
However, as detailed below, a WHS entry permit does not give union officials an unconditional right of entry into workplaces.
When and where can rights be exercised?
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