Current access rights:
Union officials have a broad right of access to worksites.
Union officials can access any worksite for a broad range of purposes including:
- To discuss union business with union members,
- To discuss union business with non-members,
- To discuss issues relating to the employment of members or non-members.
In practice, these broad categories meant that union officials could enter worksites for any purpose relating to union business, or the affairs of members or non-members.
This right of access was only restricted by a requirement to act reasonably in accessing the site, and a number of restrictions which had limited application.
The effect of this structure is to set a presumption of a right to access, which can be challenged in certain circumstances, with the onus for any challenge being on the employer.
The right of access is also balanced by a right for any employee not to talk to any union official, thus safeguarding the employee’s freedom of association.