Module 07 · Unions, Delegates & Right of Entry — The Fundamentals · The People Practice

The executive summary Unions may advise members, act as bargaining representatives, and enter workplaces under statutory right of entry — Fair Work Act entry generally needs a valid FWC-issued entry permit plus a valid entry notice (unless an exemption certificate applies). Workplace delegates now hold expanded statutory rights: reasonable communication, reasonable access to the workplace and facilities, and (unless you’re a small business) reasonable paid time for training. The reform dates are load-bearing: delegate protections from 15 December 2023, delegates’ rights terms in awards and new agreements from 1 July 2024, extension to regulated workers from 26 August 2024. In South Australia, WHS entry permits granted by SAET run in parallel. Your operating model: verify documents, facilitate lawful access, log everything, escalate disputes early.

01 · Who you’re dealing with

Know the roles before the visit.

Unions represent workers’ interests: they advise members, act as bargaining representatives in enterprise bargaining, and can exercise right of entry — including under WHS laws. Employer associations sit on the other side of the same freedom-of-association coin. Ambiguity about who is entitled to do what is where most industrial friction starts, so keep the distinctions crisp: union members can be elected or appointed as workplace delegates under union rules; delegates exercise communication, access and representation rights inside your workplace; union officials with a Fair Work entry permit can enter in specified circumstances, typically with notice; WHS entry permit holders (in SA) enter under separate safety-law rules.

You’ll meet unions in five places: representing members in disputes and workplace processes, consultation on major change and rosters, enterprise bargaining, right of entry visits, and WHS engagement such as assisting health and safety representatives (HSRs).

The controls — minimum viable set

Maintain a union and coverage map per site and cohort, with key officials and delegate contacts.
Name a single industrial engagement owner (HR/IR lead) with one escalation number for site leaders.
Keep a current permits guide: Fair Work entry permits (FWC-issued) and SA WHS entry permits (SAET-issued).

02 · Freedom of association

The general protections tripwire.

People in the Fair Work system are free to join or not join unions, be represented or not, and participate or not participate in lawful industrial activity — and they’re protected from adverse action and coercion over those choices. This is where routine operational decisions become legal claims: a roster change, a disciplinary step or a redeployment that lands on an active delegate will be read through a general protections lens.

Where it goes wrong

Leaders pressuring workers about union membership or participation in lawful activities.
Improvised discipline, rostering or redeployment responses to union activity, without HR/IR governance.
Non-neutral communications during bargaining or disputes.
Decisions with no documented, legitimate business reason applied consistently.

Centralise sensitive decisions where union or delegate activity may be implicated, and keep the evidence file as you go.

03 · Workplace delegates

Delegates now have statutory teeth — know the dates.

Delegates are workers elected or appointed to represent union members (and potential members) in the workplace — in disputes, consultation, disciplinary processes and bargaining. They’re entitled to reasonable communication, reasonable access to the workplace and facilities, and — unless you’re a small business employer — reasonable paid time for training. “Reasonable” flexes with the size and nature of the business and the facilities available; delegates must follow lawful, reasonable policies, but you can’t use policy to unreasonably hinder their rights.

Date	What changed
15 December 2023	New rights and protections introduced for workplace delegates.
1 July 2024	Awards, new enterprise agreements and new workplace determinations include a workplace delegates’ rights term.
26 August 2024	Workplace delegates’ rights extended to regulated workers.

Award term override riskThe FWC has since varied the award delegates’ rights term. For agreements approved or lodged since 1 July 2024, a less favourable agreement clause can be overridden by the more favourable award term. Audit those agreements against the current award term, and update facilities and communications policies so they stay “reasonable”.

Reduce friction with a documented delegate protocol: who the delegate is, communication channels, facilities access, meeting cadence, and the escalation path.

04 · Right of entry (Fair Work Act)

Verify, facilitate, log — never argue at the gate.

Some union officials can enter to hold discussions with employees (participation is voluntary) or to investigate suspected contraventions of the Fair Work Act or related instruments. To exercise Fair Work entry, an official generally needs a valid entry permit issued by the FWC and must provide a valid entry notice that meets timing and content requirements — unless an exemption certificate applies.

Do · sight ID, permit & notice; confirm purpose; facilitate access Check · exemption certificate instead of notice — verify and record scope Escalate · disputes, document demands, or no permit — HR/IR lead, now

The entry checklist — frontline

Sight identification and the entry permit(s) — Fair Work and WHS where relevant.
Sight the entry notice or exemption certificate; note timing.
Confirm the purpose: employee discussions or suspected contravention investigation.
Notify the HR/IR lead immediately and open an entry event log.
Facilitate lawful access — a suitable meeting area where required, without undue delay or undue disruption to work.
Document any document/record requests; provide only what is required and lawful; escalate uncertain requests.
Close out: record what occurred, permit details, areas visited and follow-ups.

Some workplaces run informal access arrangements outside statutory entry — fine, but write the guidelines down so expectations are clear on both sides. And remember both failure modes are live: unlawfully hindering entry, and letting a visit unduly disrupt work.

05 · Closing Loopholes entry reforms

The rules moved — update your playbook.

Two changes matter operationally. From 15 December 2023, officials assisting a state or territory WHS representative no longer need a Fair Work Act entry permit — so “no permit” is not automatically “no entry”. From 1 July 2024, new rules apply to entry permits and exemption certificates: unions can seek exemption certificates (waiving notice) in certain underpayment investigations, and the FWC can impose conditions on permits and exemption certificates. Treat an exemption-certificate arrival as higher-risk: escalate immediately, verify the certificate, and keep a precise record — avoiding delays that could be characterised as obstruction.

South Australia overlaySafeWork SA confirms some union officials hold WHS right of entry, with permits granted by the South Australian Employment Tribunal (SAET). WHS entry permit holders may enter to consult and advise workers on WHS matters (WHS Act 2012 (SA) s121 — participation voluntary) or to inquire into suspected WHS contraventions, under strict procedures and notices. Run one combined entry register across Fair Work and WHS events, loop in your WHS team — this is safety regulation, not just IR — and know the dispute path: SafeWork SA can assist, and SAET can revoke or suspend permits. SafeWork SA’s external Entry Permit Holder Policy (effective 1 September 2024) sets out when inspectors attend with permit holders.

06 · Industrial action & bargaining

Govern the pressure points before they peak.

Industrial action — strikes, work bans, lockouts — can be protected or unprotected, and risk peaks during enterprise bargaining. The FWO provides general information and can investigate certain breaches; the FWC can make orders about industrial action. Treat union and delegate engagement in any change or bargaining programme as a structured governance stream: consultation, dispute management, communications and evidence.

The control points

Early warning: monitor bargaining posture and communications for escalation signals.
Contingency: service continuity and safety-critical roles, linked to WHS obligations.
Payroll readiness: pay rules during industrial action, partial performance, recordkeeping.
Dispute resolution: use the dispute process and FWC support options to de-escalate.
Bargaining calendar with escalation triggers, plus general protections flags requiring HR sign-off.

Where it goes wrong

Obstructing lawful entry or delegate rights, or making misleading statements.
Last-minute union engagement in change programmes that triggers avoidable disputes.
No entry log, no delegate protocol, no evidence trail when a claim lands.

Key sources — primary

Currency & care. General information for practitioners, not legal advice. Current as at 27 February 2026 (Adelaide, South Australia); validate thresholds, dates and instruments against the primary sources above before relying on them. Federal (national system) lens with South Australian overlays noted where relevant.