June 2014 Industry Update

Even with an invite you can still be a gatecrasher

Federal union officials who enter a construction site to assist a workplace Health and Safety Representative under State or Territory OHS laws must comply with the Fair Work Act, including by holding a Federal entry permit.

The right for a workplace Health and Safety Representative to obtain assistance exists in all states and territories except WA.  Federal union officials who seek to enter a site to provide that assistance are required to hold a federal permit and comply with the other obligations of the Fair Work Act.

The obligations include:

  • Entering only during working hours
  • Showing their Federal permit upon request when entering.
  • Complying with any conditions on their permit
  • Complying with any reasonable OHS requests made by the occupier of the premises.

If you would like to know more about the obligations in your state or territory please contact FWBC on our hotline 1800 003 338. You can remain anonymous.

More information about Right of Entry laws is available on FWBC’s website as well as a list of people who have been refused federal permits or federal union officials who do not hold permits.

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.

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