Chapter Exec Procedures – Federal Jurisdiction Background The majority of the provisions of the Fair Work Act are now in operation. That Act is an attempt to introduce one industrial relations system in Australia. The Fair Work Act applies to “National System Employers”. The Fair Work Act requires that an Entry Notice must be provided to the employer before a Union officer can visit a workplace. In summary, the Act (s 518) requires that an Entry Notice must: (a) (b) (c) (d) (e) (f)
identify the premises that are proposed to be entered nominate the day of the entry identify the name of the Union for which the Union Officer works specify that the visit is for the purposes of holding discussions and nominate the section of the Act that deals with entry for holding discussions contain a declaration by the Union officer that the Union is entitled to represent the industrial interests of an employee(s) at that workplace specify which part of the Union’s rules allow it to represent the subject employees.
Updated Procedures The legislative requirements of Fair Work Act will form the basis of your Union’s visit (Right of Entry) procedures. Notification of an intended school visit will be forwarded to the Staff Representative or contact at the school site via fax and/or email. The following documents will be provided: (1)
covering fax sheet addressed directly to the Staff Representative or contact at the school;
(2)
a letter addressed to the Staff Representative or contact advising of the proposed visit to the school;
(3)
a letter addressed to the Principal outlining the proposed visit;
(4)
a copy of the letter addressed to the Principal with a section that is to be completed by the Staff Representative or contact at the school stating the time and date that the letter addressed to the Principal was provided (the Staff Representative or contact is to return the completed form to QIEU either by fax or email directly to their Organiser); and
(5)
a flyer outlining the date and time of the proposed school visit for display purposes;
Ref:Pman150
Although these procedures may seem onerous, the appropriate documentation is provided to support you to do this vital task. These procedures underpin the operation of an organising union and maintain the integrity and professionalism of your union’s workplace organisation. You are encouraged to contact your Organiser to discuss these procedures and how they will work in your Chapter. It is important that your Union chapter and relevant Officer concentrate on identifying and advancing the interests of Union members, and not allow the employer to divert our energy toward unhelpful arguments around whether the correct process have been followed. Therefore, your attention to the content of this process will assist all involved.
Ref:Pman150