The ABCC has received reports that union officials in Victoria are entering building sites at the invitation of site Occupational Health and Safety representatives as a way of avoiding entry requirements under Federal Law.
In Victoria, the Occupational Health and Safety Act 2004 (the Victorian OHS Act) allows health and safety representatives to invite persons to assist them on site However, if the person assisting is a union official, the official must abide by the Right of Entry provisions set out in the Workplace Relations Act 1996 (the WR Act).
This means that an official of a federally registered union must hold a valid federal right of entry permit when seeking to enter as an assistant under the Victorian OHS Act. The WR Act also requires the official to:
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enter only during working hours;
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produce their permit on request;
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comply with any conditions on their permit; and
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comply with any reasonable OHS requests made by the occupier of the premises.
This approach is supported by a recent decision of the Australian Industrial Relations Commission in a matter brought by the ABCC (Martino v McLoughlin [2007] AIRC 717). The Commission rejected an argument by a CFMEU official that entry to a site as an assistant under the Victoria OHS Act was not affected by WR Act.
The ABCC had drawn this practice to the attention of Victorian WorkCover authority, industry associations and unions.
The ABCC is available to provide assistance and advice on any right of entry issue arising under the WR Act. For further information see the ABCC website:
www.abcc.gov.au or call our hotline on 1800 003 338.