Despite holding Federal right of entry and state-based Authorised Representative of a Registered Worker Organisation (ARREO) permits, a union organiser was recently arrested for trespassing on a Victorian taxpayer funded construction project rather than formally exercising legal right of entry provisions.

According to a report in the Herald Sun, the same organiser:

• Received a fine for delaying works on a construction site in Brisbane;
• Allegedly abused a staff member who questioned his lack of safety gear while onsite. A court was told he stated, “I don’t have to answer to you, you f****** little grub”; and
• Carried an EFTPOS machine when talking to workers onsite, despite suggesting the visit was for safety reasons.

The story should provide a reminder to construction companies that anyone accessing a site through right of entry provisions is required to do so lawfully. Safety should never be used as a guise for pursuing an industrial agenda.

Even when a union official holds a right of entry permit, they are required by law to present a valid permit when seeking to enter a site.

Master Builders is encouraged by the manner in which Victoria Police is currently responding to requests to having trespassers removed from construction sites.

Make sure you know how to prevent right of entry abuses with our helpful checklist. Members can also access the current Federal right of entry permit status of CFMEU personnel to ensure they are complying with the law.

Visit Master Builders’ Right of Entry webpage for more information or contact our Industrial Relations Department on (03) 9411 4560.