Master Builders has added the details of OHS Right of Entry (ARREO) Permits held by officials of the CFMEU to the recently distributed listing of Federal Entry (Fair Work Act) Permits.
The Magistrates Court is responsible for maintaining the register of Authorised Representatives of Registered Employee Organisations (ARREO). Master Builders has recently obtained the details of CFMEU permit holders from the court.
A number of senior CFMEU Officials previously identified as not having a valid federal entry permit, including John Setka, Shaun Reardon and Ralph Edwards, also do not have valid ARREO permits.
Joe Myles, recently arrested on a number of seperate occasions for trespass on construction sites, has a valid ARREO permit but no longer has a valid federal entry permit. Mr Myles’ federal entry permit expired on 15 March 2014. As Mr Myles no longer holds a valid federal entry permit he is no longer entitled to exercise right of entry as an ARREO.
When entering a workplace as an ARREO (i.e. to inspect the workplace for safety breaches) Union Officials are required, upon request, to present both federal and ARREO permits and to also produce a Notice of Suspected Contravention. Employers are entitled to refuse entry to union officials that fail or refuse to produce these items.
Under the OHS Act 2004, Health and Safety Representatives (HSRs) have a power to call for assistance from any person, including a union official. Union officials are still required to present their federal permit upon request even when attending a workplace to assist a HSR. Where a union official fails to present their federal permit in these circumstances the employer is still entitled to refuse entry to the workplace.
The employer can also refuse entry to a union official assisting a HSR where the employer believes that the union official does not have sufficient knowledge of health and safety.
Members needing advice or support in relation to OHS right of entry events are encouraged to contact Master Builders Industrial Relations Department or OHS Unit on (03) 9411 4560.