Bid to Block Safety Checks Fails

A Building Industry Taskforce attempt to block workplace safety checks has been thrown out of court.

In another embarrassing defeat for the taskforce, a Melbourne judge has rejected its claim that CFMEU organiser, Fergal Doyle, "intentionally hindered" a Melbourne site supervisor by checking safety standards.

But Justice Ron Merkel ruled the supervisor had left his normal duties to follow Doyle and an elected safety rep around the site so he could digitally record everything they did, on the advice of the taskforce.

Justice Merkel said the worker representative had not required the supervisor's participation in the safety inspection and the decision to follow him around for about half an hour had been "entirely a matter for him to decide".

Doyle had claimed the right to visit the site because his union had negotiated a certified agreement with a subcontractor at the Villex site.

Justice Merkel found Doyle had exercised right of entry to the job as a "matter of fact, rather than a matter of law" and said it was "unfortunate" that the case did not resolve the "real dispute" about the validity of safety inspections under subcontractors' EBAs.

The head contractor had sought to block Doyle from the workplace.

The taskforce, bankrolled by taxpayers to spearhead a Federal Government crusade against building workers, has spent millions of dollars in running cases on behalf of industry employers.

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Last modified: Tuesday, 15-Nov-2005 20:37:37 EST