Case law page 8 of 16

153 articles are classified in All Articles > Entry to workplaces > Case law


Court fines employer for hampering entry rights

A court has penalised an early learning centre that refused on the basis of an alleged threat to its workers' "health and wellbeing" to allow a union organiser use its staff room to hold discussions, directing her instead to a storage room.

McAleer loses appeal over withdrawn entry permit

An FWC full bench has rejected MUA Sydney branch secretary Paul McAleer's appeal against being denied an entry permit, finding a tribunal member held no obligation to signal that the official might have his rights withdrawn after 12 years due to a history of industrial law breaches.

"Emboldened" CFMMEU deserves no penalty discounts: Judge

A judge has today accepted the ABCC's view that the construction union's lengthy rap sheet should influence the penalty for a relatively minor breach, but has declined to impose a personal payment order on the official involved.

Union official loses entry permit after "unprovoked" outburst

The FWC has taken the rare step of revoking the entry permit of a CFMMEU official who aggressively swore at a subcontractor at a road construction site before asking if he was going to use the hammer he was carrying "to smash me".

Bench shaves $48K off CFMMEU penalties over double dip

In a significant ruling on how Fair Work Act breaches are to be assessed, a Federal Court full bench has invoked double jeopardy principles to strip $48,000 off penalties awarded against the CFMMEU and one of its organisers.

Court rules officials must show permits for safety entry

The Federal Court has closed a loophole under which union organisers maintained they could enter sites to discuss safety issues under state OHS laws without showing their federal entry permits.

IR manager targeted as CFMMEU counter-sues in entry case

Ahead of Federal Court hearings into ABCC claims that two CFMMEU officials breached entry laws at a Melbourne freeway project in 2017, the union is suing the head contractor and its IR manager for obstructing their efforts to investigate suspected safety breaches.



FWC rejects resource industry bid to block union entry permits

AMMA and the ABCC have failed to convince the FWC that it should not issue entry permits to organisers fronting an AWU-CFMMEU alliance, despite its "inaccurate" representations and the recent lack of a genuine employment relationship.