Australian lessons for the UK’s new union access regime

From October 2026, UK trade unions will gain new statutory rights to access workplaces—physically and digitally. While this marks a significant change for UK employers, Australia has operated a comparable "right of entry" regime for many years. The Australian experience offers a valuable roadmap for what to expect and how to prepare.

What the new regime allows

Under the new UK framework (see our blog Opening the doors: a new era for UK union workplace access), both recognised and unrecognised unions will have the right to access workplaces for various purposes. Where access is requested, unions and employers will negotiate an "access agreement" permitting the union to access an employer's workplace to meet, support, represent, recruit or organise workers, and to facilitate collective bargaining.

This closely mirrors the Australian right of entry regime, which allows union representatives to access workplaces to represent members, hold discussions with members or eligible members, and investigate suspected breaches of employment and occupational health and safety legislation. Experience in Australia suggests unions will make active use of these rights. Workplace access has proved a key driver of union membership growth, increased industrial activity, and collective bargaining momentum – potential downstream consequences UK employers should keep firmly in mind. 

Who should pay attention?

Employers with historically low union membership, prior failed recognition attempts, or an existing union presence without a current collective bargaining agreement are likely to attract early access requests.  Access rights, combined with wider protections under the Employment Rights Act, significantly lower the bar for unions seeking to build membership and pursue recognition, meaning employers should not assume that a lack of historic union presence will insulate them from access requests. UK unions are expected to use the new regime strategically, targeting both non-unionised employers and those where recognition has previously been sought unsuccessfully.  All employers should be taking steps to prepare.

Preparation is key

The Australian experience underlines the importance of preparation. Managers, HR teams, and others likely to be present during a union visit need to understand the access regime and the terms of any access agreement, so that compliance can be monitored effectively. 

Practical preparation includes:

• Understanding the statutory process
• Training your management teams
• Developing clear internal procedures for responding to access requests
• Considering in advance which access parameters would be acceptable when negotiating an agreement

What does access actually look like?

Australian legislation sets strict parameters for union access. Entry is restricted to working hours, and discussions with workers may only take place during meal breaks or other breaks.  Interviews or meetings must usually occur in areas where workers ordinarily take breaks, unless an alternative location is agreed.

The precise parameters of UK access are not yet settled and will be clarified through regulations and model access terms. These details are likely to become key points of negotiation between employers and unions.

Expect disputes—and plan accordingly

A clear lesson from Australia is that right of entry regimes generate disputes.  Common flashpoints include failures to comply with notice requirements, breaches of permit conditions, or union abuses of access power—for example, by entering under the pretext of a lawful purpose and then causing disruption, intimidation, or deliberately operating outside the permitted terms. Equally, unions often commence legal proceedings against employers for refusing them entry or failing to comply with associated obligations.

These disputes are often urgent, resource-intensive, and newsworthy. UK employers should anticipate similar pressure points. Early planning and clear internal processes will be critical to managing these disputes effectively.

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