Inquiry into the Workplace Relations Amendment (Right of Entry) Bill 2004

Inquiry into the Workplace Relations Amendment (Right of Entry) Bill 2004

The Senate has referred this bill to the committee for report by 7 March 2005. Submissions are called for and are due by 4 February.

This proposed amendment to the Workplace Relations Act 1996 is intended to define more clearly the rights and responsibilities of parties to workplace agreements in regard to the right of entry of unions to represent their members in the workplace. There are two main elements to the bill.

The first element is the extension of Commonwealth power to override the operation of state right of entry laws, within the limits imposed by the Constitution. Under the amendment, a union will be able to exercise a right of entry only in accordance with new provisions of the Workplace Relations Act, with the constitutional limitation being that a union will still be entitled to enter premises for purposes relating to state industrial laws.

The second element is to balance the rights of employers and employees in regard to the entry of union officials to workplaces, particularly to ensure that such entry does not interfere with the conduct of business. Employers and their associations have claimed that union officials continue to enter premises without sufficient cause. This is disputed by unions, whose officials claim that many workplaces do not maintain satisfactory standards of OH&S practice.

The legislation committee has not dealt specifically with the issue of right of entry in any previous inquiry, although the References Committee dealt with it in passing in its inquiry into the provisions of the Building and Construction Industry Improvement Bill 2003, that report being tabled in May 2004.

Information links:

Inquiries from hearing and speech impaired people should be directed to the Parliament House TTY number (02) 6277 7799. Adobe also provides tools for the blind and visually impaired to access PDF documents. These tools are available at: http://access.adobe.com/. If you require any special arrangements in order to enable you to participate in a committee inquiry, please contact the committee secretary.

For further information, contact:

Committee Secretary
Senate Standing Committees on Education, Employment and Workplace Relations
PO Box 6100
Parliament House
Canberra ACT 2600
Australia

Phone: +61 2 6277 3521
Fax: +61 2 6277 5706
Email: eet.sen@aph.gov.au