In a significant decision on entry rights, a Federal Court full bench has confirmed today that a permit holder's right to hold discussions with union members or potential members during "breaks" does not include the period before and after their shifts.
A full Federal Court has upheld the ABCC's challenge to a finding that two CFMEU officials who intentionally disregarded requests to show entry permits did not breach the Fair Work Act's entry restrictions, because they were not seeking to exercise their lawful rights.
The FWC has granted an entry permit to a former CFMEU official once fined $30,000 for blockading a worksite and abusing workers in a bid to coerce Grocon into making an agreement, hearing he became a "different person" once employed as an AWU organiser.
The FWC has renewed the entry permit of CFMMEU construction and general division WA branch president and organiser Vinnie Molina, on the condition that he undertake "emotional management" training to prevent a recurrence of infractions for which he has been fined almost $17,000 since 2012.
Having only recently been given the all-clear over a heavily-scrutinised $75,000 payment while at the CEPU, former Unions Tasmania secretary and political aspirant Kevin Harkins will face a Federal Court judge next month as the ABCC pursues him over "abusive" entry breaches.
Coles deal gets up; Injunction against entry under state laws; IR barrister appointed to gallery board; and After full house, ROC wants to know if you want more.
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 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.
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.
