The Federal Court has imposed record fines totalling more than $2.4 million against the CFMEU national and NSW branches and nine officials over breaches at Barangaroo in 2014, but says that without "legislative action" even higher penalties currently available under the law might not deter the militant union.
The FWC has reaffirmed its jurisdictional ambit to determine right-of-entry disputes after an employer questioned whether it was seeking to exercise judicial powers it does not possess.
The Federal Court has rejected CFMEU argument that the Fair Work Act's explanatory memorandum compels a finding that union officials are entitled to exercise their entry rights to hold discussions with members and potential members before their shifts begin.
The High Court has refused to grant BHP Coal special leave to appeal a finding that allowed the CFMEU to hold discussions in the crib room of a dragline at its Caval Ridge coal mine.
An AMWU organiser penalised this year for his role in a strike over alleged safety issues looks set to win a new entry permit, on the condition that he undergo training on the interaction of IR and OHS statutes and when it is lawful to stop work.
The ABCC says it is "carefully reviewing" a Federal Court finding that two CFMEU officials who flagrantly disregarded requests to show their entry permits did not breach the Fair Work Act's restrictions on entry to worksites because they were not seeking to exercise their lawful rights.
The ABCC is likely to routinely pursue unions for "knowing involvement" when entry breaches are established against their officials, after a court ruling this week.
Unions are seeking the reinstatement of powers to inspect non-members' time and wages records, after their analysis of 200 job advertisements aimed at Chinese, Korean and Spanish-speakers showed that almost four out of every five pay less than the award.
An employer who refused requests by police and an OHS inspector to allow two CFMEU officials onto her building site to investigate a Facebook-notified safety issue has avoided an $18,500 penalty because the union's notice of entry did not include the officials' middle names.
