Contractors on critical infrastructure project breached Fair Work Act

– The Federal Court has ruled that a lead contractor on Transgrid’s interconnector breached the Fair Work Act by denying entry to union officials

– The ruling concerns union officials’ attempts to speak to lineworkers on temporary visas supplied to Elecnor under a labour hire agreement

– The decision puts the industry on notice that the transition will be powered by decent work

In March this year, the Federal Court ruled that the lead contractor on the nation’s largest energy transmission project breached the Fair Work Act by repeatedly denying ETU officials the right to consult with lineworkers working under a labour hire arrangement on temporary visas in a remote NSW location.

The ETU brought the court application against the lead contractor the $1.8 billion EnergyConnect interconnector, Elecnor, after its project and construction managers repeatedly refused to allow union officials to speak to workers supplied by a third party on a labour hire agreement at the mixed business and housing complex attached to their worksite, which was overseen by a security guard.

The company claimed that the workers were not electrical workers and that the remote purpose-built camp was not a worksite but a “residential area”. The court dismissed this argument.

“The ETU has a lawful right to enter workplaces to represent the interests of our members working in the transmission construction industry and this has been upheld by the Federal court. It is disgraceful that a company building the largest transmission project in the country would seek to prevent its workers from speaking to their lawful union representatives on routine visits. Finally, the company has been forced to see sense.”

– ETU New South Wales and ACT Secretary Allen Hicks

The ETU has been fighting this in the courts for a long time. It is crucial that employers and contractors behaving in such an outrageous way are held to account. And the ETU will always defend our members, defend our trades and ensure that all workers have the right to speak to their union. This is about fighting for worker safety, worker prosperity, a safe and just transition and fighting to ensure no employer stands in the way of that.

This court victory should put energy transition projects on notice that neither the Australian community nor its courts would accept an energy transition powered by exploitation that compromised on safety. This court decision is a message to every employer, financier, lead contractor or subcontractor working on Australia’s energy transition. The message is that Australia’s energy transition will fail unless it is built on reliable, well-paid union jobs that put workers’ safety, communities and families first. It is a warning that nobody wants an energy transition that compromises safety, that exploits workers, that locks out workers’ representatives and that breaks the law and disregards workers’ basic rights. Any company that thinks it can cut corners on safety, cut wages through labour hire and cut unionised labour out of energy transition should read it very carefully and reconsider their position.”

– ETU National Secretary Michael Wright