Closing Loopholes Act - Changes to Right of Entry
May 22, 2024Changes to Right of Entry - Assisting Health and Safety Representatives
Effective from - 15 December 2023
The Fair Work Legislation Amendment (Closing Loopholes) Act 2023 introduces amendments to the Fair Work Act 2009, enabling officials of registered organisations, without a Fair Work entry permit, to enter workplaces to assist Health and Safety Representatives (HSRs).
Key Changes:
- Previously, officials of registered organisations assisting HSRs required a Fair Work entry permit for workplace entry, despite state and territory laws permitting HSR assistants.
- The amendments remove the entry permit requirement for such officials, provided they meet specified conditions, including compliance with employer directions, not hindering or obstructing others, and maintaining confidentiality.
- Employers and occupiers are required to facilitate entry and refrain from hindering or obstructing assisting officials.
Implications:
- These changes align with the Government's commitment to enhancing workplace health and safety by enabling qualified assistance for HSRs without bureaucratic barriers.
- HSRs gain access to additional expertise, enhancing their ability to address safety issues effectively.
- The amendments include provisions for a review within 9 months of commencement, with a report to the Minister within 6 months.
The amendments signify a proactive approach to workplace safety, ensuring that HSRs can access the support and expertise necessary to fulfil their roles effectively.
For more information regarding this change click here or feel free to reach out to the Employii team via [email protected], we'd be more than happy to answer any questions!
Author Sergio Luna (HR Intern)
References:
Australian Government (2023) Entry to assist Health and Safety Representatives, Department of Employment and Workplace Relations, accessed 1 May 2024. https://www.dewr.gov.au/closing-loopholes/resources/entry-assist-health-and-safety-representatives
