The ABCC will ask a court to prohibit union officials from "crowdfunding" personal penalties in what represents a significant escalation of its on-going bid to combat contravening union conduct in the construction industry.
The FWC has thrown out a bid by the AMWU to enter the BHP OS training facility near Mackay to hold discussions with about 150 maintenance trainees, finding the union's coverage rule for fitters and engineering trades doesn't extend to the "caterpillar" trainees until they become maintenance associate "butterflies".
A CFMMEU leader fighting cartel charges that carry the threat of 10 years' jail has had his entry permit suspended after a senior FWC member clarified the point at which he was "found" to have breached Fair Work Act provisions.
The ABCC's recent good run against the CFMMEU has continued after the FWC confirmed a high-profile union leader seeking a new entry permit would first have to plumb 14 years of internal communications to ascertain what role, if any, he had in trying to temper the organisation's rule-breaking ways.
The High Court has this morning granted the ABCC special leave to appeal a full Federal Court finding that the CFMMEU's recidivism should not be factored into penalty calculations.
The CFMMEU has failed to have entry breach fines reduced because of "inaccurate" media reports, a judge noting the lack of evidence that the officials concerned were in any way embarrassed or distressed by adverse publicity.
A union official has had his entry permit suspended for three months despite the FWC accepting that his inexperience, having "come off the tools" only months earlier, played a part in his organising of an unlawful stopwork four years ago.
A "recidivist" Tasmanian CFMMEU official whose belligerence has cost the union almost $500,000 in fines is finally off the ABCC's hit list, after a court ruled he should personally pay a $20,000 penalty for the latest of his entry breaches, which stretch back to 2015.
In his first ruling on a CFMMEU matter since having his reins pulled by a five-member full Federal Court, Justice John Snaden has resisted "indulging" his doubts about the statutory basis for making the union liable for officials' breaches.
In a momentous ruling on unions' liability for officials' breaches, a full Federal Court has upheld a finding that the CFMMEU was "knowingly concerned" in organisers' refusal to show permits when entering a site to discuss safety issues.