Disclaimer: The information provided in this article is general in nature and not intended as legal advice. For specific legal advice, please consult a professional.
Recent amendments to the Fair Work Act have brought significant changes regarding union rights and workplace entry, particularly affecting small and family-owned businesses. This article provides a comprehensive overview of these changes and offers practical advice on how to protect your business while complying with the law.
Does this come under the Fair Work Act
Yes, the new changes are part of the Fair Work Act amendments: Fair Work Legislation Amendment (Closing Loopholes) Act 2023, No. 120, 2023 (Cth)
Make sure you are familiar with the Fair Work Act and the recent amendments to understand your obligations and rights. You can access the Act online or consult with a legal professional for detailed guidance.
Union Entry to Workplaces
Fair Work Legislation Amendment (Closing Loopholes) Act 2023, Schedule 1, Part 16A: “Unions are granted the right of entry to workplaces to assist health and safety representatives and ensure compliance with workplace laws, regardless of the number of employees.”
Under the new amendments, unions can enter workplaces regardless of the number of employees to ensure compliance with workplace laws and to assist health and safety representatives.
Our Advice
Prepare a designated meeting area where union representatives can speak with your employees. This could be a specific room or an outdoor covered area. This helps ensure that the union’s visit is orderly and does not disrupt your business operations. Always accompany the union representative to oversee the visit while they are on your premises.
No Permission Required from the Fair Work Commission
Fair Work Legislation Amendment (Closing Loopholes) Act 2023, Schedule 1, Part 16A, Section 481: “A union official does not need to seek permission from the Fair Work Commission to enter a workplace.”
Union representatives do not need to get approval from the Fair Work Commission before visiting your workplace.
Our Advice
Develop a clear protocol for union visits. Inform your staff about these protocols, including the need for the union representative to check in upon arrival and be escorted by a member of management at all times. This ensures that visits are managed professionally and according to your business procedures.
Workers Do Not Have to Be Union Members
Fair Work Legislation Amendment (Closing Loopholes) Act 2023, Schedule 1, Part 16A, Section 484: “Union officials are permitted to enter workplaces for discussions with employees who are eligible to be members of the union, regardless of current membership.”
Unions can enter your workplace to talk to employees even if none of them are union members.
Our Advice
When union representatives visit, you can arrange a specific time and place for them to meet with your employees. This helps minimise disruption and keeps the meeting organised. Remind your employees that joining a union is voluntary, and they should feel no pressure from either side.
Union Entry Without Union Members
Fair Work Legislation Amendment (Closing Loopholes) Act 2023, Schedule 1, Part 16A, Section 484: “Union officials can enter to meet with employees who are eligible to be members, not necessarily current members.”
Union representatives can visit your business to speak with your employees about joining the union or other matters, even if none of your employees are currently union members.
Our Advice
Prepare for such visits by designating a suitable area where union representatives can speak with your employees. Ensure that these meetings do not interfere with your business operations. Always have a management representative present during these visits to observe and address any immediate concerns.
Voluntary Union Membership
Fair Work Act 2009, Section 348: “An employer must not take or threaten to take any adverse action against an employee because the employee is or is not a member of a union.”
Employees can choose whether or not to join a union. Employers cannot force or pressure them either way.
Our Advice
Communicate clearly to your employees that joining a union is a personal choice and that they will not face any repercussions from the business for their decision. This fosters a respectful and fair work environment.
Businesses Cannot Force Union Membership
Fair Work Act 2009, Section 348: “Coercing or requiring an employee to join or not join a union is prohibited.”
Employees cannot be forced to join a union. It is entirely their choice.
Our Advice
Ensure that your policies reflect the voluntary nature of union membership. Make it clear to all employees that their choice to join or not join a union will be respected without any influence from the business.
Union Rights to Information
Fair Work Legislation Amendment (Closing Loopholes) Act 2023, Schedule 1, Part 16A, Section 483: “Union officials can request and receive information relevant to compliance with workplace laws.”
Unions can now request information from employers to ensure compliance with workplace laws.
Our Advice
Keep all necessary documentation organised and accessible. If a union representative requests information, provide it promptly to show that your business is compliant with workplace laws. This might include pay records, safety procedures, and employment contracts.
Workplace Delegates’ Rights
Fair Work Legislation Amendment (Closing Loopholes) Act 2023, Schedule 1, Part 16A, Section 350C: “The workplace delegate is entitled to reasonable communication with members and reasonable access to the workplace and workplace facilities.”
Workplace delegates have specific rights to communicate with members and access workplace facilities reasonably.
Our Advice
Designate a specific area for workplace delegates to communicate with employees. Ensure they have reasonable access to the necessary facilities while keeping business operations smooth. Discuss with delegates about the timing and manner of their visits to avoid disrupting daily activities.
Protection for Workplace Delegates
Fair Work Legislation Amendment (Closing Loopholes) Act 2023, Schedule 1, Part 16A, Section 350A: “The employer must not unreasonably fail or refuse to deal with the workplace delegate or make false representations.”
Employers must interact with workplace delegates fairly and cannot mislead them.
Our Advice
Ensure that any dealings with workplace delegates are conducted fairly and transparently. Avoid any actions that could be seen as obstructive or misleading. If you have concerns about the delegate’s requests, seek legal advice to ensure compliance.
Following these guidelines allows you to manage union visits effectively, ensuring your business runs smoothly while adhering to the new legislative requirements.
