Union to take Boral to court after being 'locked out'

A union will take building materials giant Boral to court this week over claims it was illegally barred from entering the company's site.

The Construction, Forestry, Mining and Energy Union claims its officials were locked out of Boral's plasterboard distribution centre in Fyshwick twice in recent months after its officials tried to investigate worker complaints about the presence of asbestos.

The site has since been shut down by WorkSafe ACT after independent tests found asbestos on the factory floor.

CFMEU ACT branch secretary Dean Hall said when his officers approached the company, Boral had argued that the union had no members on the site and had no right to be there.

Mr Hall said the union had several paying members based at the site but was reluctant to provide names to the company as it feared workers may be unduly reprimanded.

He said CFMEU had offered to settle the dispute through a financial agreement last Friday but Boral rejected the offer, giving the union no choice but to take the matter to the Federal Magistrates Court.

''They are not treating the issue of asbestos seriously enough and we cannot afford for them to be standing over us in an area of important workforce safety,'' he said.

Mr Hall said the union would apply to have the case heard in the court tomorrow. Boral could not be contacted for comment yesterday.

Meanwhile, ACT Work Safety Commissioner Mark McCabe has warned ''cavalier'' builders he would not hesitate to refer them to the Director of Public Prosecutions, and ask for substantial penalties, should they be found to ignore asbestos concerns.

''If you work in the building industry then there is a strong likelihood that at some stage you will encounter situations where asbestos will need to be handled,'' he said.

''Under ACT law, such material must be handled by people with appropriate qualifications and licences. Putting the health and safety of members of our community at risk by taking shortcuts, be that in the interests of saving money or through general carelessness, will simply not be tolerated.''