Authorised representatives of registered employee organisations

Entry permits (sections 81–86)

A person can apply to the Magistrates’ Court for an entry permit to be issued to a person to act as an ARREO.

To hold a permit, a person must be an officer or a permanent employee of a registered employee organisation (REO), often called a union. The person must have completed a WorkSafe-approved training course and must not have been disqualified by the Magistrates’ Court. ARREO permits expire:

• 3 years after the date of issue
• when the permit-holder ceases to be an officer or a permanent employee of the organisation, or
• if the organisation is no longer a REO.

WorkSafe or an employer may apply to the Magistrates’ Court to have an entry permit revoked on the grounds that the ARREO has, while using, or claiming to use, their powers:

• deliberately hindered or obstructed an employer or employee
• acted unreasonably or outside of using a power, or
• deliberately used or shared information that an employer or employee gave them for a purpose that was not reasonably connected with the use of a power.

The magistrate may revoke the permit and can disqualify the person from holding a permit for up to 5 years.

Entry by ARREOs (sections 87–90)

An authorised representative can enter a workplace if they reasonably suspect a contravention of the OHS Act or regulations affecting work that is being carried out by:

• a member of the REO
• a person whose employment is covered by a certified agreement that binds the REO, or
• a person whose employment is not covered by a certified agreement that binds any REO, but who is eligible to be a member of the REO.

An ARREO does not have to tell anyone the names of employees who are members of their REO.

An ARREO may enter a workplace during working hours, but only to ask about suspected contraventions. When they enter, the ARREO must show their entry permit to the employer and to any relevant HSR. They must take all reasonable steps to give the employer a notice in a form approved by WorkSafe.

A person must not refuse an ARREO entry to a workplace or deliberately hinder, obstruct, threaten or intimidate an ARREO visiting a workplace.

ARREOs

An ARREO can:

• inspect a workplace
• watch work being done
• take photographs and measurements or make sketches and recordings
• consult with consenting employees who are, or are eligible to be, members of the REO
• consult with the employer on matters relevant to the suspected contravention.

They can only do these things to the extent reasonable to look into the suspected contravention.

If the employer has an issue with the ARREO using their powers, either party can ask WorkSafe to send an inspector to the workplace as soon as possible to look into the issue and use their powers as needed.

An ARREO is not allowed to use any powers in any part of a place used as a residence, except with the occupier’s consent, or any other part of a place to which access is limited by another Act. Such as, security or quarantine. An ARREO must not use a power if it would cause work to stop, but they can warn employees about any immediate and significant risk of serious injury or death that they noticed during their inspection.

Offences relating to ARREOs (sections 91–94)

It is an offence for an ARREO to deliberately:

• unreasonably hinder or obstruct any employer or employee
• intimidate or threaten any employer or employee
• use or share information from the workplace for a purpose that is not reasonably related to their powers
• use or share photographs, measurements, sketches or recordings taken at the workplace for a purpose that is not reasonably related to their powers
• use or claim to use a power under the OHS Act, except to look into a suspected breach.

If an ARREO is found guilty of an offence and a person suffered significant loss or damage from that offence, the person can apply to a court to recover a reasonable amount for the loss or damage.

A person who does not hold an ARREO entry permit must not pretend to hold a permit or be an ARREO.