On 4 September 2014, an organiser employed by the Construction, Forestry, Mining and Energy Union was charged with one count of trespass. The charge arose out of an allegation that the official had trespassed onto a construction site in Toowoomba.
The official denied that his entry was unlawful. This matter involved important questions about union right of entry, union officials right of entry, and how right of entry laws Australia can apply when union officials attend workplaces in connection with industrial or safety matters.
What Is Union Right of Entry?
In general terms, union right of entry refers to the circumstances where a union official may enter a workplace or site for permitted purposes, including matters connected to workplace rights, industrial issues or health and safety concerns.
In some matters, Fair Work right of entry provisions may be relevant. In others, workplace health and safety legislation may also be important. The correct legal position will depend on the facts, the legislation relied on and whether the official held the required authority to enter the site.
Right of Entry Dispute Involving a CFMEU Official
Hall Payne Lawyers successfully argued on behalf of the official that there was insufficient evidence to make out the summary offence. HPL argued that, on the evidence, the entry appeared to have been pursuant to the Work Health and Safety Act 2011 (QLD).
Hall Payne also argued that the official had been invited onto the site previously and therefore had a licence, or similar, to enter the site. As a result of our submissions, the Queensland Police Service withdrew the charge against the official. This was an important right of entry dispute, and it demonstrates how experienced CFMEU lawyers can assist when industrial, safety and criminal law issues overlap.
Union Officials Workplace Access and Right of Entry Permits
Cases involving union officials’ workplace access often require careful consideration of the purpose of entry, the relevant workplace laws and the surrounding circumstances.
For workers, unions and employers asking about union right of entry laws in Australia, it is important to understand that different laws may apply depending on whether the matter involves workplace safety, employment rights, industrial activity or another legal issue.
It may also be necessary to consider what a right of entry permit is, whether the official had one, and whether the specific entry fell within the scope of the relevant laws.
Legal Advice for Union Right of Entry Disputes
The success in this matter is another example of Hall Payne’s industrial knowledge being used to successfully defend criminal charges in relation to industrial disputation, when raised by employers and employer representatives.
If you require legal advice for union right of entry disputes or assistance in relation to police intervention in an industrial matter, please contact our Principal, Luke Tiley at (07) 3017 2400.