Some employers have raised concerns regarding the roll out of Incolink’s new membership cards, which can be scanned by shop stewards to confirm the contributions on behalf of the cardholder are up-to-date. 

Employers should be aware that the introduction of the new card does not introduce any new onsite requirements. 

 

  • There are no legal requirements for a worker to be a member of Incolink in order to work on a commercial construction site.
  • There are no legal requirements preventing a worker covered by Incolink from working onsite because there is a dispute over whether their contributions are up-to-date.

 

Incolink obligations arise for employers with an enterprise agreement that requires it (i.e. Industry EBA 2011-2015, which provides for work continuing without interruption from industrial stoppages, bans and/or limitations while the dispute resolution procedure is being followed).

Head contractors are reminded that they can be held vicariously liable for any employee (e.g. shop steward) that unlawfully prevents a worker from working onsite either because they are not an Incolink member or cannot show their new membership card. 

There is also no requirement for head contractors to provide proof of subcontractor compliance to the Incolink scheme to shop stewards or union organisers. Clause 34 of Industry EBA 2011-2015 makes clear that information confirming industry fund compliance (i.e. registration and contribution status) may be provided directly by the industry scheme/s, provided that any individual whose information is to be made available has consented to such information being provided. The new Incolink membership card may assist in this process.

Should you require any further information, you can contact our Industrial Relations Department on (03) 9411 4560.

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