The Australian Industrial Relations Commission today suspended CFMEU official Adrian McLoughlin’s Federal right of entry permit until 31 October 2007 and ordered him to complete appropriate training about his rights and responsibilities as a permit holder.
The ABCC took action against Mr McLoughlin following persistent abuse of his rights as a permit holder on four Victorian building sites between June and December 2006.
The AIRC found Mr McLoughlin:
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persistently failed to produce his right of entry permit when requested;
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failed to comply with reasonable Occupational Health and Safety requirements; and
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disrupted work by convening a union meeting during work hours when it could have been held during meal or other breaks.
Managing entry to building sites remains one of the most important issues to site managers. If an individual or union official does not hold a valid permit and enters your site without your consent, they will be subject to trespass laws. In this situation you should:
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Make it clear to the individual that they do not have your consent to enter and ask them to leave.
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Contact the ABCC hotline on 1800 003 338 for assistance.
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Contact the police to remove the individual from your site.
The ABCC has developed a series of right of entry fact sheets, along with a handy 3-step guide to right of entry. If you would like copies for yourself, your staff or your members, visit our website at www.abcc.gov.au.