Right of Entry: What to Do When a Union Rep Visits Your Workplace

A union official arriving at your premises is one of those moments that can feel confrontational if you don't know the rules — and much less so once you do. Right of entry is a specific, narrow permission under the Fair Work Act, not a general licence to roam your business. Knowing what a permit holder can and can't do lets you respond calmly and lawfully instead of guessing.

What right of entry actually is

Right of entry is the legal ability of a union official who holds a valid entry permit to come onto a workplace for defined purposes. Broadly, those purposes fall into two buckets: investigating a suspected contravention affecting a member the union is entitled to represent, and holding discussions with (or providing information to) employees who are eligible to be members. Work health and safety laws give a separate, parallel right of entry for safety matters, which runs under the relevant WHS legislation in your state or territory rather than the Fair Work Act.

The key point is that the permit holder must be exercising a genuine, permitted purpose. They can't simply turn up to have a look around, and the coverage rules matter — the union must be entitled to represent the industrial interests of the workers concerned.

The notice and permit requirements

In most cases the official must give you (and the occupier of the premises, if different) written notice a set number of days in advance — an "entry notice" for discussion visits, or a slightly different notice for investigation visits. There are limited exceptions, particularly where advance notice would defeat the purpose of a suspected-breach investigation, but as a rule you should expect notice.

When they arrive, you're entitled to ask two things: to see their entry permit, and to see the notice authorising this particular visit. A valid permit is issued by the Fair Work Commission, carries a photo, and has an expiry date. It is entirely reasonable to check the name matches, the permit is current, and the visit falls within its stated purpose. Keep a copy or note the details.

What they can and can't do once on site

• Where they can go: they're generally confined to rooms or areas agreed with you, or reasonable areas connected to the permitted purpose — typically a lunchroom or meeting room during breaks for discussions. They don't get run of the whole site.
• When they can hold discussions: only during meal times or other breaks, not while your people are meant to be working.
• Records: in an investigation they may inspect and copy documents directly relevant to the suspected contravention, but they must request them properly and you're only obliged to produce what's genuinely relevant.
• Employee choice: no worker is required to talk to a union official or attend a discussion. Participation is voluntary.

Equally, you have obligations. You can't unreasonably refuse a valid entry, delay it, or hinder the official — doing so can itself be a contravention. The law also prohibits both sides from acting in an improper or misleading way.

A practical playbook for the visit

• Nominate a point person — one manager (and a backup) who handles entry, so your team isn't fielding it ad hoc.
• Check the paperwork first — permit and notice, name, expiry, stated purpose. Politely decline entry if the permit is invalid or expired.
• Confirm the purpose — discussion or investigation, and which employees or issue it concerns.
• Provide a suitable room — offer a reasonable meeting space rather than leaving it undefined; it keeps the visit contained.
• Stay professional — you don't have to agree with the visit to comply with it. Don't obstruct, but don't volunteer more than the law requires.
• Take notes — who attended, when, what was requested, what was produced. A short file note protects everyone.

Getting ahead of it

The businesses that handle entry well have simply written it down before it happens: a one-page internal procedure covering who to notify, where to check the permit and notice, which room to use, and how to record the visit. It sits alongside your other people-management documentation so that a visit becomes a process rather than a scramble. If you're building out that kind of documented capability, our People hub covers the broader HR-compliance groundwork it fits into.

This is general information, not legal advice. Right-of-entry rules are detailed and the WHS pathway differs by jurisdiction — if you're facing a specific visit or dispute, check the current requirements with the Fair Work Ombudsman or a workplace-relations adviser.