A union representative's right of entry under the Industrial Relations Act 1979 (WA) and the Building Trades (Construction) Award is limited to premises under the control of an employer who directly employs union members; a construction site controlled by a head contractor that subcontracts all work is not 'the premises of an employer' of union labour, even if subcontractors on the site employ union members. The 'claim of right' defence under s 22 of the Criminal Code (WA) is not available for trespass-type offences under s 82B of the Police Act 1892 (WA) because asserting a power of entry is a freedom to act, not a civil right in respect of property.
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