11 June 2014FWBC intervenes in Right of Entry matter involving CFMEU officials Powell and Clark

FWBC has intervened in a Right of Entry matter involving CFMEU officials Mick Powell and Peter Clark.

FWBC has intervened in a Magistrate’s Court matter where Health and Safety Representative Brett Curnow is applying for orders requiring his employer, Kane Constructions, to allow Powell and Clark to enter a construction site it controls.

FWBC will make submissions to the Court that it should not make any orders unless it is satisfied that either of the relevant union officials both held a federal permit and complied with Right of Entry laws.

On or before 22 May 2014, Curnow requested assistance at a Kane Constructions’ aquatic centre redevelopment site in Ringwood from CFMEU officials Mick Powell and Peter Clark.

The development, ‘Aquanation’, is a multi-million dollar Maroondah City Council project which includes childcare facilities, a dedicated learn to swim program pool, 10 lane swimming pool and state of the art diving facilities. The State and Federal Governments have both contributed financially to the project.

Powell is not Federal Right of Entry permit holder and is therefore not allowed to enter the site. Clark holds a Federal Right of Entry permit but FWBC understands that he did not comply with Federal law that he show his permit upon request.

At the time FWBC advised Kane Constructions that union officials who did not hold a valid Federal Right of Entry permit were not authorised to enter the site, even if invited by the Health and Safety Representative as an assistant.

FWBC Director Nigel Hadgkiss said Right of Entry laws must be obeyed. “It is imperative that building and construction sites are safe. The Right of Entry laws have very clear provisions allowing permit holders to deal with safety concerns. Just as employers should be expected to obey the law and provide a safe working environment for workers, union officials and health and safety representatives should obey the law when addressing concerns on site,” Mr Hadgkiss said.

More information about Right of Entry laws is available on FWBC’s website.

FWBC is available to provide assistance and advice on Right of Entry laws to unions, union officials, employers and workers.  For further information see FWBC’s website: www.fwbc.gov.au or call our hotline on 1800 003 338. You can remain anonymous.

PDF icon FWBC intervenes in Right of Entry matter involving CFMEU officials Powell and Clark.pdf