Accessing a workplace
A representative of a worker organisation can request access to a workplace under the Screen Industry Workers Act 2022.
Access can only be granted for the specific reasons outlined in the Act.
In relation to the worker organisation’s members, or workers covered by a collective contract negotiated by the worker organisation, a representative can access screen production workplaces to:
- participate in collective bargaining
- deal with workers’ health and safety matters
- monitor compliance with a collective contract or the Screen Industry Workers Act
- deal with matters relating to a worker’s individual contract, if that worker consents.
In relation to non-members, a representative can access screen production workplaces for:
- the health and safety of non-members, if those workers have asked for the worker organisation’s assistance.
In relation to the worker organisation’s business, a representative can access screen production workplaces to:
- discuss the worker organisation’s business with members
- recruit members
- give workers information about the worker organisation and membership.
Consenting to workplace access
Once a representative has requested access to a workplace, the person in charge of the workplace (such as the engager or their representative) can only refuse or revoke access if:
- they believe the purpose of the visit does not meet one of the purposes above, or
- entry would impede and halt production, and this could not be avoided by imposing conditions on access.
Access rules and conditions
Any discussion in a workplace between a screen production worker and a representative of a worker organisation must not exceed a reasonable duration. No deductions from the contractor’s pay can be made for this period.
The person in control of the workplace may impose access conditions for any of the following reasons:
- to minimise disruption
- to protect commercially sensitive or confidential information
- to manage health and safety risks
- to maintain security.
When a representative of a worker organisation enters a workplace, they must provide information about their visit if requested by the person in control of the workplace. The person in control of the workplace can refuse access if the representative fails to provide information.