ACFA Employer Guide - Right of Entry

The Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (Closing Loopholes Act) introduced a new ability for a union official to enter a premises without the requirement of a permit in circumstances where they are assisting a Health and Safety Representative (HSR). Additionally, the Fair Work Legislation Amendment (Closing Loopholes No.2) Act 2024 (Closing Loopholes Act No.2) introduced discrete changes to existing laws regarding the right of union officials to enter a workplace without notice to an employer.

Taking into account these changes, this guide, summarises the right of entry laws and providing employers with guidance as to how they might handle rights of entry activities in different kinds of circumstances.