Workplace law changes allow union ‘thugs and criminals’ on to job sites

Labor has been accused of sneaking in a loophole to its controversial workplace laws that would allow “thugs and criminals” on to job sites under the guise of health and safety.

Labor has been accused of sneaking in a loophole to its controversial workplace laws that would allow “thugs and criminals” on to job sites under the guise of health and safety.

Under a last-minute change to the proposed laws made on the final sitting day of parliament last year, the government “disapplied” a rule that required union officials to have an “entry permit” to enter work sites to assist workplace health and safety representatives.

Entry permits, granted under the Fair Work Act, are normally required of union ­officials to ensure they meet various tests including that of being a “fit and proper person”.

However, these are often ­revoked by courts in the wake of bad behaviour.

In 2022, a former CFMMEU official was fined and had his permit revoked after saying words to the effect of “shut up” and “f--k off” to two managers at a WestConnex project site before blowing cigarette smoke in a third manager’s face.

Workplace Relations Minister Tony Burke’s department says the changes are the result of a review. Picture: John Feder/The Australian

That same year, another CFMMEU official had his entry permit stripped after blocking concrete trucks and abusing and intimidating workers at a Gold Coast building site.

Current laws allow health and safety representatives, who are workers on a site chosen by fellow union members, to request an “assistant” from the union provided they hold a permit.

Industry leaders worry that, without the requirement for an entry permit, “thugs” could be sent on to work sites to intimidate managers and staff.

Minerals Council of Australia CEO Tania Constable said: “Under these changes, there will be nothing stopping union officials with criminal records or history of abuse, harassment or intimidation, from being given access to a worksite, ­despite not holding a right of entry permit.

Minerals Council of Australia CEO Tania Constable says the changes represent a real danger. Picture: NCA NewsWire / Martin Ollman

“This loophole, snuck into the government’s legislation under the cover of Christmas, will put both employers and workers in danger, given the history of union thuggery and intimidation in certain ­industries.”
Master Builders Association CEO Denita Wawn said: “These changes are simply a wolf in sheep’s clothing, opening the door even further for unions to exploit safety as grounds to circumvent the normal right of entry obligations.

“Exploiting safety to pursue other industrial purposes has been commonplace in the sector, and this is only going to make that worse.”

Opposition workplace relations spokeswoman Michaelia Cash said: “The fact this government has implemented a law that will potentially allow union thugs and convicted criminals into workplaces is an absolute disgrace.”

A spokesman for Workplace Relations Minister Tony Burke said the change had been recommended by a review commissioned by the Coalition.

“This was a recommendation of the independent Boland Review into workplace safety, commissioned by the former government,” he said.

“The government has implemented every recommendation of this review to keep workers safe.”

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