The CFMEU has successfully challenged a conditional permit issued to one of its NSW organisers, with an FWC full bench reinstating a full permit on the basis that undertakings will have the same effect.
A Federal Court judge has upended the recently-adopted precept that unions are vicariously responsible for entry breaches by officials under the Fair Work Act's 'liabilities of bodies corporate' clause, declaring that a close examination of related cases reveals no support for the contention.
A full Federal Court has found that a CFMEU official breached the Fair Work Act's "hinder or obstruct" prohibition for permit-holders when he "liberally" swore at a safety inspector, but rejected the ABCC's argument that it was denied procedural fairness when the trial judge described former Commissioner Nigel Hadgkiss's questioning of a witness as "inexcusable".
A union's liability for entry breaches by its officials has been underlined by a court hitting the CFMEU with a $200,000 fine for disrupting a concrete pour on a major rail project over alleged safety concerns.
The High Court has refused to grant special leave to appeal a full Federal Court finding that a CFMEU official needed a federal entry permit to assist a health and safety representative when he was invited onto a construction site under Victorian OHS laws.
The High Court will next Friday hear special leave applications from WorkSafe Victoria and a CFMEU official who are challenging a full Federal Court finding that he needed a federal entry permit to assist a health and safety representative when invited onto a construction site.
The FWC has suspended a CFMEU divisional branch leader's entry permit for three months after he raised his hand in a "solidarity symbol" at a senior project manager.
Two companies that claimed they acted on legal advice from the Australian Industry Group have been fined almost $25,000 for refusing to allow a CFMEU official entry to a building site.
The CFMEU has told the Federal Court that significant penalties are required against ABC Commissioner Nigel Hadgkiss for causing incorrect information to be published on union right of entry, and has urged it to consider his unlawful conduct as spanning the full period it remained online.
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.
