The right of entry provisions of the NSW Industrial Relations Act 1996 provide certain rights for union officers to enter employers' premises, in some circumstances without the consent of the employer.

Right of entry can only be exercised by an officer or employee of a union who has applied for and received an appropriate authority from the Industrial Registrar of the Industrial Relations Commission of NSW.

The authority must be produced on request by the occupier of any premises that the officer enters or by any person whom the officer requires to produce a document or answer any question. On application the Industrial Registrar may revoke the authority if the officer using it intentionally hinders or obstructs employers or employees or otherwise acts in an improper manner.

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A union officer can enter premises where there are employees who are members of that union or employees who are eligible to be members of that union, for the purposes of:

• holding discussions in any lunch time or non-working time
• investigating any suspected breach of industrial relations legislation, an award or enterprise agreement.

Where an authorised union officer is entering an employer's premises to hold discussions with employees, it is not necessary to give  prior notice. Where entry is to investigate a suspected breach of industrial relations legislation or an award or enterprise agreement, then it is necessary to give the employer concerned at least 48 hours notice.

However, an authorised union officer can apply to the Industrial Relations Commission of NSW or the Industrial Registrar to have the 48 hours notice requirement waived, on the grounds that the giving of such notice would defeat the purposes for which it is intended to enter the premises. Where the 48 hours notice is waived, the union officer must obtain a warrant which is required to be shown to the person who is in charge of the premises when entry occurs.

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The authorised union officer may require the employer to produce, during the usual office hours at the employer's premises or at any mutually convenient time and place, any employees' records or other documents kept by the employer that are related to the suspected breach. The officer may make copies of the entries in these records that relate to the suspected breach.

While on an employer's premises, it is an offence for an authorised union officer deliberately to hinder or obstruct either the employer or the employees during their working time. It is also an offence for a person who is not the holder of a current authority issued by the Industrial Registrar to purport to exercise right of entry powers to go on to an employer's premises.

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It is an offence for any person deliberately to hinder or obstruct an authorised union officer who has entered an employer's premises in the exercise of right of entry powers. It is also an offence for any person to fail to comply, without legal excuse, with a requirement of an authorised union officer under the right of entry provisions; for example, to not produce the relevant employees' records and other documents.