With the AWU deeply concerned for the dangerous levels of silica exposure experienced by workers in the tunnelling industry, AWU NSW secretary Tony Callinana says that tunnelling workers “have the right to know what they’ll be breathing in when they go underground”.

“Our officials should be able to bring dust monitors on site to inspect if they suspect there are safety breaches of the enterprise agreement, it’s a very basic principle. But John Holland has consistently refused to allow these monitors on site,” Tony says.

“We’ve asked John Holland again and again to allow dust monitors on site and they have refused. So now we must go to court to confirm our right to conduct an inspection where we believe there is a safety breach.

“Unsafe levels of silica dust causes silicosis and silicosis can cause death. We know this to be true. So, we will take action to ensure that workers are safe when they go to work.”

The AWU has long criticised John Holland for obstructing thorough testing of air quality in its tunnel projects and will allege the civil construction company breached the Fair Work Act by denying an AWU official permission to use a Dust Trak II Aerosol Monitor to test levels of respirable dust at the John Holland/CPB Rozelle Interchange WestConnex – Western Harbour Tunnel on 1 May 2023.

“This case is an important test case about the rights of union officials to investigate suspected contraventions in right of entry. A safety inspection about respirable dust cannot properly occur unless the union official can use a device like the Dust Trak Monitor,” Maurice Blackburn Lawyers principal Kamal Farouque who acts for the AWU says.