CFMEU members can look forward to better policing of safety on construction sites, following the passing of new legislation allowing union right of entry for OH&S purposes.

The Bill giving unions these new powers were passed by the Legislative Council at approximately 10.45pm on Wednesday, November 11, 2009. Four Members of the Legislative Council voted against the bill:  Paul Harris, Ivan Dean, Greg Hall and Don Wing. Nine voted in favour.

Tasmania is one of the last states in Australia to give unions right of entry powers under their Workplace Health and Safety Legislation.

Only South Australia still has no laws to this effect.

What the new laws mean

Under the new laws, union organisers will be able to enter work-sites to investigate suspected health and safety breaches, after giving reasonable notice to employers. 

This means the CFMEU can again become proactive about dealing with safety issues on construction sites.

The union official has to take the breach up with the ‘accountable person’ on the work site and refer the matter to Workplace Standards.

Union officials still cannot issue PIN notices or stop work for safety reasons.

24-hours’ notice is only required to hold general health and safety discussions with members.

Long time coming

The CFMEU Tasmania Branch began talking to the state government about this matter, through then Minister for Workplace Relations, Bryan Green, as far back as 2005.

As a result of those discussions, a pilot scheme was introduced giving two unions (CFMEU and AWU) right of entry powers for OH&S purposes, for the six months from September 1, 2006 to March 1, 2007. During the trial period, the CFMEU made 114 site visits and identified 1155 breaches of OH&S laws.  Workplace Standards monitored the trial period and were notified of all those breaches.

Since then, the CFMEU has played a leading role in highlighting the need for such legislation, to protect Tasmanian workers, to the Tasmanian Government.

Predictably, employer organisations, such as the Master Builders and the Tasmanian Chamber of Commerce and Industry have lobbied hard against the legislation.

However, Workplace Standards conceded it has not got the resources to investigate every safety breach or incident in the industry.

Tasmania’s Safety regulations require workers who have any complaints about safety to first talk to their bosses before making a complaint to Workplace Standards. Not many would do that for fear of being fired.

Union organisers will now be able to take those issues up with employers and assist workers to maintain decent health and safety on their jobs.

Way forward 2010

 ‘We still have to wait for the legislation to receive the Royal Assent by the Governor,’ said Tony Benson, Branch Secretary of the CFMEU C& G Division.  ‘And individual union officials need to receive their authorisation from the Director of Industry Safety.

‘But we thank the Minister, Lisa Singh, MHA, and the Tasmanian Labor government for introducing the legislation to Parliament and expect to be back playing our role in looking after our members’ health and safety rights at work early in the New Year.’