Applicable to QLD, NT, NSW, TAS & SA
As a builder who undertakes projects funded by the Federal Government Hutchies must comply with the Building Code. The Building Code, together with its supporting guidelines, establishes a set of standards in relation to procurement and workplace relations in the building and construction industry – including right of entry requirements for Union Officials.
Since the introduction of Building Code 2016 there has been some confusion in relation to whether a Union Official who does not hold a federal right of entry permit can enter a site for the purposes of representing a party to a Health and Safety dispute.
On Wednesday last week, the Federal Court handed down a decision which clears up this confusion.
The Court determined that a Union Official entering a site as a representative of a party to a safety dispute is required to hold a federal right of entry permit.
The decision means that in order to comply with Building Code 2016, Hutchies is not able to facilitate entry to sites by non-permit holders and that entry to sites by Union Officials must only be in accordance with either the Fair Work Act or the applicable State health and safety legislation.
Over the coming weeks we will be updating our Handbooks and Flowcharts to reflect this change however, it is important that you are aware of the change in procedure now, as no doubt it will become an area of focus for ABCC inspectors.