Australian Building and Construction Commissioner John Lloyd has cautioned industry that many construction union officials are entering workplaces without holding a current right of entry permit.
Speaking at the AiGroup national construction conference today, Cmr Lloyd told industry representatives that over 40 union officials working in the building and construction industry across Australia appear not to hold valid right of entry permits. Cmr Lloyd expressed concern at this trend:
“A valid permit underpins the right of a union official to enter a worksite. It is of concern that some unions and their officials have not properly attended to having valid permits in place.
“Any attempt to exercise entry without a valid permit is unlawful and would show a disdain for the law.”
“Those in charge of building sites are encouraged to ensure that entry is exercised in accordance with the law. The checking of the validity of entry permits is not difficult,” Cmr Lloyd said.
The Australian Industrial Relations Commission makes details of right of entry permits publically available on their website.
A valid and current right of entry permit issued under the Workplace Relations Act 1996 (WR Act), and from 1 July 2009 under the Fair Work Act 2009 (FW Act), authorises union officials to gain entry to a construction site to talk to workers or inspect time and wage records. A site manager is entitled to refuse entry to an official who is unable to produce a valid federal permit.
Addressing the conference today Cmr Lloyd reflected on the state of the Australian construction industry, “conduct in the industry has improved since the inception of the ABCC, but a latent culture of lawlessness is still evident.” Looking ahead, Cmr Lloyd said the building and construction industry will play a critical role in the future plans for the Australian economy.
In a separate media statement issued today, the Federal Court sent a clear message to the construction industry that increasingly severe penalties will be imposed for unlawful workplace behaviour.
The ABCC currently has 26 proceedings before the courts and 61 major investigations underway.
“We will continue to use all the powers at our disposal to achieve lawful conduct in the industry.
We will continue to hold those who contravene the law accountable for their actions.”