Increased powers for unions in federal government’s new IR laws

Union officials will be able to turn up at workplaces without notice and inspect businesses’ payroll records under proposed industrial relations laws ­described as a ‘horrendous breach of privacy’.

Union officials will be able to turn up at workplaces without notice and inspect businesses’ payroll records where they suspect wage underpayment under proposed changes to the nation’s industrial relations laws to be unveiled next week.

The proposed legislation, to be released on Monday by Workplace Relations Minister Tony Burke, has sparked fears unions will gain unfettered access to non-union workers’ personal details.

Employer groups are also worried the changes will enable unions to appoint delegates in workplaces with as few as one union member, and employers will have to give them access to company facilities, reasonable time off to carry out union duties, and the right to negotiate even on behalf of non-union workers.

The Saturday Telegraph spoke to industry groups and lawyers who were given confidential access to drafts of the proposed IR changes.

They said the legislation contains provisions which will effectively abolish rules that force unions to give 24 hours’ notice to employers when they plan to turn up to a workplace to inspect company records where they suspect there has been wage underpayment.

Workplace Relations Minister Tony Burke. Picture: NCA NewsWire / Martin Ollman

A member of one business group which had been briefed in-confidence on the legislation said it was “a horrendous breach of privacy” which was “designed to clear the way for unions to expand their powers and membership”.

He said the bill would “extend the power of unions to enter businesses and rifle through personal documents and private information”. “Even if you are not a member of a union, they could gain access to your address, phone numbers, tax file numbers, wage statements and courtesy of access to sick leave forms, information about your health,” he said.

At present the Fair Work Commission can only grant unions the right to turn up to a workplace unannounced where there is a reasonable suspicion records are in danger of being destroyed if the employer is given 24 hours notice that the union is coming.

They also need to specify the allege breaches they are probing. The current rules allow employers to separate the records of union and non-union members ahead of the union’s inspection.

But under the new rules Fair Work would need only to be “satisfied that the suspected contravention or contraventions involved the underpayment of wages” before turning up at workplaces unannounced.

Once there unions would be able to exercise extensive investigative powers, including the right to speak to workers and access documents.

A spokesman for Mr Burke declined to comment.

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