Two union officials, including one who told a project manager his name was Steve Irwin (the deceased crocodile hunter), breached the Fair Work Act in entering the project site and obstructing "unsafe" work without NSW WHS entry permits, a court has found.
The Fair Work Commission has highlighted the "stark" contrast between a union official's claim that he needs an entry permit to ensure the safety of workers, and his bullying and intimidation of an inspector.
A union organiser who allegedly ignored OHS rules at the Barangaroo construction site, before having his entry permit suspended for concealing his criminal past, is just one of a score of CFMEU officials currently being prosecuted for safety and entry breaches.
The NSW Supreme Court has clarified the extent of safety inspectors' entry powers under the State WHS Act, in rejecting an employer's claim that an inspector who entered its workplace after a fatality couldn't interview witnesses before seeking any required information in writing.
Western Australia has tabled a draft mirror Work Health and Safety Bill, which, despite the State Government's long-term position on fines, includes the same maximum penalties as the model version of the laws.
The model WHS Act should be amended to ensure health and safety reps are punished for abusing their powers, but its due diligence provisions should be maintained and broadly applied by employers, according to Ai Group.