Services' Rights in response to Union(s)' New Rights of Entry

ACA NSW members would be aware of a number of industrial/workplace law changes that have or will soon be in full legal effect.

Since 1 July 2024, one such industrial law change is the unions' new rights of entry to any workplace, including early childhood education and care services.

It is strongly recommended that Approved Providers check their e-mails each day as unions only need to give a minimum of 24 hours' notice or zero notice if approved by the Fair Work Commission under an Exemption.

ACA NSW's lawyer has updated our dedicated webpage, Union Visits: Know Your Rights and Obligations, to reflect this new legislation and for ACA NSW members' use only.

NOTE: Your ACA NSW issued username and password are required to access the legal advice.

Union representatives will need to present their Permit in the correct format, and if authorised by the Fair Work Commission to enter without notice, they must present a Fair Work Commission issued Exemption Certificate in the correct format too.

In accordance with the Fair Work Regulations (Clauses 3.26 and 3.26A), the Rights of Entry Permit must contain the following:

1. the permit holder's full name
2. the name of the organisation that applied for the entry permit;
3. an expiry date for the entry permit;
4. a recent photograph of the permit holder that:
   • shows the holder's full face; and
   • meets requirements that are considered appropriate by the Fair Work Commission; 
5. the permit holder's signature.

It is also strongly recommended that Approved Providers retain the Permit and Exemption Certificate (or at least take a copy of it) especially if the Approved Provider intends to dispute it with the Fair Work Commission.

The updated legal advice provides ACA NSW members with the following information should their services be approached by union officials/representatives in an attempt to gain access to the services' premises, liaise/engage with early childhood educators/teachers, access documents, and/or wanting to "have a chat" with the Approved Providers.

• union(s)' use of Fair Work Permits and/or Work Health and Safety (WHS) Permits to allow entry with notice;
• union(s)' use of Exemption Certificates to allow entry without notice;
• union(s)' general request to visit;
• what are union(s) allowed to and not allowed to investigate at your premises;
• your application to the Fair Work Commission to dispute a union's right of entry;
  
• what do these Right of Entry Permit and Exemption Certificate look like; and
• assistance for ACA NSW members.

For any further information/clarification, members can contact ACA NSW via 1300 556 330 or nsw@childcarealliance.org.au.

UPDATED: 22 AUGUST 2024

PUBLISHED: 19 AUGUST 2024