‘Right of entry’ clause - in, then out

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‘Right of entry’ clause - in, then out

The federal Commission’s earlier decision to delete the right of entry clause from the Australian Public Service, General Employment Conditions Award 1995 has been reversed.

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The federal Commission’s earlier decision to delete the right of entry clause from the Australian Public Service, General Employment Conditions Award 1995 has been reversed.

The Minister for Workplace Relations had successfully applied to the Commission for it to delete the right of entry clause from the above named award. In agreeing to that application, Commissioner Larkin had stated:

"In conclusion, and for the foregoing reasons, I am prepared to vary the GECA Award to delete Clause 46, Right of Entry. The variation will operate from 15 September 1997, unless the unions respondent to the award can convince me by evidence that the matter is an issue subject to negotiations between the parties to the proposed agreement." [emphasis added]

The union parties subsequently submitted several attachment documents including two Joint Union logs of claims. One of the two logs stated:

"16. Recognition of the role played by delegates and other union officials who work in Defence. This role includes informing members, seeking their views and participating in negotiations. They require the use of Defence facilities and work time to complete. From time to time application of this agreement will require full time union officials to visit workplaces during working hours." [emphasis added by Commission]

Commissioner Larkin held that point 16, while a specific agency log, "raises enough doubt, as to whether or not a Right of Entry provision is a matter at issue, and, therefore, caught by s170Nof the [Workplace Relations Act 1996]" (Supplementary Decision - Australian Public Service, General Employment Conditions Award 1995; Print P5116).

 

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