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Construction union threatens legal action against Victoria Police

A powerful construction union is considering taking Victoria Police to court after it claims officers booted its safety inspectors from a level-crossing removal worksite.

CFMMEU assistant secretary Shaun Reardon has flagged the union is considering suing builder McConnell Dowell and Victoria Police. Picture: Jennifer Holdsworth
CFMMEU assistant secretary Shaun Reardon has flagged the union is considering suing builder McConnell Dowell and Victoria Police. Picture: Jennifer Holdsworth

A powerful construction union is considering taking Victoria Police to court after it claims officers booted its safety inspectors from a level crossing removal worksite.

The Construction, Forestry, Maritime, Mining and Energy Union is seething after three of its officials escorted off the Aviation Rd level crossing site last week, with the union saying they were threatened with arrest if they didn’t leave.

The CFMEU said its officials were safety inspectors and had a legal right to be on the Laverton construction site to inspect the safety procedures put in place to lift 80 tonne concrete panels.

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The union has said Victoria Police had forced its officials to leave after being given “political guidance” of the “anti-worker” federal construction watchdog — the Australian Building and Construction Commission.

But Victoria Police say the two men were asked to leave because they breached the conditions of their right of entry permit.

CFMEU assistant secretary Shaun Reardon has flagged the union is considering suing builder McConnell Dowell and Victoria Police for hindering and obstructing its officials in potential breach of the Fair Work Act.

Both Victoria Police and WorkSafe were called to the site on Thursday morning after the contractor — an alliance led by builder McConnel Dowell — disputed its officials rights of entry.

WorkSafe inspector granted two union officials access to the site.

A Victoria Police spokeswoman said the two men were then asked to leave after they breached their right of entry permits and had caused a disturbance. She said officers “supervised” the men’s departure and no arrests were made.

“This was done after work site officials asked them to leave and discussions were had with officials at the union headquarters.

“Police remained on site for five hours to ensure workers on site were safe and could continue to perform their job.”

She said Victoria Police had held discussions with the building industry watchdog the Australian Building and Construction Commission and WorkSafe during the incident.

But Mr Reardon said the incident was a disgusting “use of tax payer dollars and of the Victorian Police Force”.

He has written to a number of Andrews Government ministers — including police minister Lisa Neville complaining Victoria Police were acting under the political guidance of the “anti-worker” Australian Building and Construction Commission.

“The CFMEU urgently calls upon you as the Minister in charge to investigate the actions of Victorian Police, and the possible unlawful guidance and relationship between Victoria Police hierarchy and the federal government’s anti-worker ABCC.”

Level Crossing Removal Project chief executive Kevin Devlin said safety on work sites was a core value and it expected all parties to comply with “strict safety and security protocols.”

The Australian Building and Construction Commission said it was aware of an incident and reviewing what had occurred.

A WorkSafe spokesman said its inspectors had attended the site after an occupational health and safety dispute.

Original URL: https://www.heraldsun.com.au/news/law-order/construction-union-threatens-legal-action-against-victoria-police/news-story/707dde7c5ce1e395e827ce4d96c9f8dc