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.
The FWC has refused to renew MUA Sydney branch secretary Paul McAleer's entry permit, ruling that he has "repeatedly preferred the interests of his union and/or its members over compliance with industrial laws."
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.
A judge has in imposing a penalty on the CFMMEU for a worksite shutdown described as "something of a fiction" any belief that such fines will deter the union from future contraventions.
The FWC has renewed CFMMEU maritime division national secretary Paddy Crumlin's entry permit, but only after closely scrutinising his involvement in two unlawful industrial actions still before the courts.
A court has declined to make a declaration agreed to by an employer for admitted breaches of the Fair Work Act, ruling that its repetition of adverse findings would not "have any educative or deterrent effect. . . at all".
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In what is believed to be an Australian-first, the Victorian CFMMEU is seeking penalties of more than $4 million against four police officers and the civil construction giant McConnell Dowell for allegedly stopping union safety officials from inspecting "high-risk work" at a level-crossing removal project.
A CFMMEU official has retained his entry permit despite being heavily fined for his part in a heated worksite stoush, the FWC finding he was acting on "genuine but mistaken" legal advice about his rights.