In an important decision yesterday the AIRC suspended the right of entry permit of Victorian CFMEU official Adrian McLoughlin.
Some media reports have raised questions about ABCC advice on an employer’s right to request that a permit holder produce their permit for inspection on every visit.
The ABCC confirms that a permit holder must show their permit on request regardless of whether the official has entered the site lawfully on a previous occasion.
Under the Workplace Relations Act 1996, a permit holder must:
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hold a valid request permit;
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provide at least 24 hours written notice of entry unless entry is under State OHS laws;*
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where entering to investigate a suspected breach, provide details of that breach on the notice;
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only visit during working hours and hold discussions during meal breaks or other breaks; and
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show their permit and notice of entry on request.
Further, the Implementation Guidelines for the National Code of Practice for the Construction Industry state:
“ No employer or employee is to grant admission to a site by an employee or official of an industrial association other than in strict compliance with the procedures governing entry of these representatives under the WR Act and any relevant and applicable OHS or State legislation.” (8.6.2)
The case also highlighted that federal permit holders have a requirement to produce their permit if entering a site under state or territory OHS legislation. Mr McLoughlin’s justification that he did not have to show his permit because he was entering under state OHS laws was rejected. The AIRC found this demonstrated Mr McLoughlin’s “inadequate understanding” of his statutory obligations.
The ABCC stands ready to assist and advise any building industry participant concerning right of entry. Fact sheets on right of entry are available on the ABCC’s website:fact sheet page. or contact the ABCC Hotline on 1800 003 338.