Right of Entry Workshop
Last week, Master Builders ACT held a Right of Entry workshop for employers operating in the building and construction. We want to thank each and every member that made time to attend, especially in the middle of such a busy season. Your questions, comments and experiences were invaluable in shaping the discussion.
One of the requirements that an entry permit holder must comply with, is a reasonable direction from the PCBU or site manager to adhere to WHS requirements of the site. The recent Cross River Rail Appeal case deals with this issue:
In 2024, the Full Federal Court considered the conduct of a CFMEU union official in the Cross River Rail case.
The official entered a major Brisbane worksite under an entry permit issued under the WHS legislation. During the exercise of its Right of Entry rights, the official refused to comply with basic safety directions from the PCBU, including induction requirements and movement restrictions. The request to be inducted onto site was a reasonable requirement which applied to every individual entering the site, while the requirement to stay in certain areas or follow a certain path was essential to ensure the safety of the union official.
The court found that the directions by the PCBU were lawful and reasonable, finding that the union official’s refusal to comply with these directions breached both WHS and industrial laws. The court imposed penalties on both the union official and the union as a result of the union official’s refusal to follow reasonable directions from the PCBU.
This case reinforces the critical point that entry permit holders must comply with reasonable and lawful directions by the PCBU, when exercising Right of Entry.
We’re Here to Support You
If you’re ever unsure, contact us. It’s better to call early and confirm the process than to second-guess your options later.
Thanks again to everyone who attended. We’re listening. We’re acting on your feedback. And we’ll keep working to ensure that your rights as an employer are respected.
