Entry permits/entry rights page 10 of 18

175 articles are classified in All Articles > Registered organisations > Entry permits/entry rights




Court decision chips at unions' liability for officials' breaches

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.

Bench refuses to disturb finding that Hadgkiss questioning "inexcusable"

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".

High Court rules unions can represent "eligible" non-members

The High Court has confirmed that unions are entitled to run underpayment and other contravention cases for un-named classes of employees who are eligible for membership but are not members, paving the way for a pilots union to advance an adverse action claim on behalf of Regional Express cadets.



Court upholds BHPB rejection of organisers' pre-shift entry

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.


Conditional permit for organiser involved in safety strike

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.