Built environs out of bounds on "right of entry"

Bob Briton

Some bosses in the building industry in Adelaide were getting 
slightly ahead of themselves recently when they called in the 
Police to remove an official of the CFMEU from a local 
construction site. In taking the action, Built Environs insisted 
that the official, Construction and General Division President 
Ben Carslake, should have given managers 24 hours notice IN 
WRITING before coming onto the site.

It turns out that, while the Federal Government is pressing a 
further restriction of that nature with a Bill currently being 
considered by a Senate Committee, no such requirement exists in 
the relevant Workplace Relations Act 1996 (WRA). Following the 
incident, there were red faces all round. The Superintendent of 
the Port Adelaide Police later contacted Ben to apologise for his 
officers' interference on behalf of Built Environs.

However, in view of the seriousness of the illegal efforts to 
deny a union official right of entry to a workplace, the CFMEU is 
inquiring as to what legal avenues are available against Built 
Environs and the Police. It appears that the company could face a 
fine of up to $10,000 for failure to grant right of entry to a 
union official under the WRA.

The violation occurred when Ben sought to speak with members 
working at a wine storage facility being built by Built Environs 
near the port at Outer Harbour. The company had already earned 
itself a reputation for trying to restrict its workers' access to 
representatives of their union. Police were involved in a similar 
eviction incident about 18 months ago.

Most construction firms in Adelaide overlook the current 
requirement to give 24 hours verbal notification of an official's 
intention to come onto a site — a recognition by employers that 
even the existing Reith-era legislation is over the top. Built 
Environs have a whole other attitude, however.

When Ben entered the site, a company representative confronted 
him and, after consulting the project manager, insisted that he 
leave. Ben's protests that the union had members on the job and 
that he had the right to speak with them about their enterprise 
agreement were overruled. The CFMEU official left some materials 
in the on-site shed and said that he would return the next day.

The following day, Ben was accosted by the company rep who, this 
time, refused to allow him onto the site because he had not given 
project management "written notice". Ben again explained his 
right of entry, put on the appropriate safety gear and proceeded 
to have discussions with members. This time two Police officers 
interrupted him and insisted that, seeing he had not given 
written notice, he was trespassing on the site.

Once more the CFMEU President's superior knowledge of the WRA was 
overruled. A Police officer then placed his hand on Ben's 
shoulder and escorted him off the property. While he was being 
detained in the back of a Police car, an officer demanded Ben's 
keys in order to remove his car from the Built Environs site. His 
complaint that he was capable of driving the car out by himself 
was ignored.

Ben was released and instructed not to return to the site within 
the next 24 hours. Some workers came outside to see their union 
rep and a number walked off the job in protest at what had taken 
place.

The Police order notwithstanding, Ben returned later that day and 
addressed a meeting of workers in the lunchroom. The company once 
again threatened to call the Police. The workers carried a motion 
condemning the attempt to deny right of entry. This time, though, 
the Police did not attend.

Incidents of this nature show just how determined some employers 
are to eliminate unions from the workplace. The Building and 
Construction Industry Improvement Bill currently being considered 
by the Senate's Employment Workplace Relations and Education 
Committee seeks to give them more firepower.

The Committee is due to report within weeks at which time the 
package will be voted on in the Senate. The Bill has a range of 
anti-union measures, including the much-anticipated 24 hours 
written notice for a union official to enter a workplace and 
ballots for industrial action.

Clearly, attempts on the part of confrontationist employers to 
assume "rights" not even granted under present legislation must 
be challenged as they were in this case. The labour movement must 
also make every effort to see to it that the Senate rejects the 
so-called Industry Improvement Bill.