Unions have right of entry, but under which laws?

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Unions have right of entry, but under which laws?

What takes precedence on a building site regarding union right of entry, the Federal OHS laws covering the construction company because it has moved to Comcare, or the State laws covering the sub-contractors?

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What takes precedence on a building site regarding union right of entry, the Federal OHS laws covering the construction company because it has moved to Comcare, or the State laws covering the sub-contractors?
 
That is a matter the Federal Court is trying to sort out, and it was brought to a head when NSW Water Minister Phil Costa led a delegation of union officials onto the Kurnell desalination plant on Tuesday.
 
Keeping unions out
 
Unions have been claiming there are OHS problems on the site, but construction company, John Holland, has been trying to keep them out.
 
For 12 months John Holland has been fighting the CFMEU in the courts, arguing federal workplace OHS laws apply to the site.
 
Malcolm Tullock, the CFMEU state assistant secretary, said the last time he visited the site over a worker concerned about a safety issue, John Holland had called the police.
 
Desalination plant visit gets Minister into hot water
 
Costa claimed he was given full approval to visit the site by Sydney Water, and John Holland had been ‘very accommodating’.
 
He said the unions had raised issues with him regarding the site and he decided to ‘have a look for myself’.
 
The Federal Liberal IR spokesman, Michael Keenan, yesterday asked IR Minister Julia Gillard in Parliament whether she would ‘unequivocally condemn’ the action by Costa and the union leaders.
 
Everyone should obey the law, says Gillard
 
‘Everyone should obey the law,’ Gillard said. ‘Of course everyone in their workplaces should obey the law.'
 
‘The work site that he refers to is a John Holland work site. There has been an ongoing legal dispute there about the nature of right of entry for occupational health and safety inspections.'
 
‘John Holland made the move into Comcare and there is a legal dispute about how right of entry in relation to occupational health and safety should be resolved in the circumstances where John Holland is covered by Comcare but contractors on the site are not direct employees of John Holland and consequently look to New South Wales for their workers compensationarrangements.'
 
Legal dispute to be resolved
 
'That matter is before the Federal Court. Obviously, I am not going to make a comment about that legal dispute, but the legal dispute is there and is to be resolved.'
 
‘I restate what I absolutely believe in and what my message would be to people in these circumstances and to people in all circumstances. That is, everyone should abide by the law.’
 
Which will be easier when everyone knows what the law is.
 
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