What changes are being made to unions’ rights to access workplaces and communicate with workers, including digitally?

The Act creates new rights for trade unions to access workplaces and workers, including where the union is not recognised. These rights are due to come into force in October 2026.

These include:

• A statutory process through which unions can seek physical access to workplaces for specified purposes, including recruiting, organising, supporting and representing workers.
• Physical and digital access, which may include communicating with workers through workplace systems where this is agreed or ordered.
• If the union and employer cannot agree access arrangements, the union can apply to the Central Arbitration Committee (CAC), which can decide whether access should be granted and on what terms.

The aim is to give unions a “foot in the door” in workplaces where they previously had no access rights.

What this means for union reps

• Unions may be able to engage with workers in non-union workplaces much earlier in an organising campaign, helping to build membership and support for recognition.
• Reps and organisers could gain new opportunities to communicate directly with workers through workplace visits and, where appropriate, digital communication channels.
• Where employers resist access requests, unions may be able to use the new CAC process to secure access rights rather than relying solely on employer agreement.
• The new rights are likely to be most significant in workplaces where unions have previously struggled to contact workers, recruit members or establish a workplace presence.