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.
Deputy President Val Gostencnik has published the reasons behind his recent decision to overlook a "general rule" applied to the granting of entry permits, maintaining that it "bears all the hallmarks of arbitrariness" and has no regard to the individual circumstances and experience of applicants.
An FWC full bench majority has overruled a presidential member's refusal to issue an entry permit to a CFMEU organiser, saying he set a "higher bar" than usual because of the union's adverse track record.
Fortescue Metals Group has failed in a bid to block the CEPU from seeking a declaration that it unduly delayed entry to its WA branch secretary after a 2013 workplace fatality, with a court finding WA's non-harmonised OHS laws are no barrier to entering sites under the Fair Work Act.
Two CFMEU officials, including one posing as croc-hunter Steve Irwin during a construction site visit, are no longer personally liable for $47,000 in fines, after a full Federal Court found the FWBC "pursued" them "under an inappropriate statutory regime".
The FWC has revoked an order granting the AIMPE access to crucial documents that might provide the basis for entry rights for discussions with tug crew members engaged as "partners" serving BHP Billiton's iron ore export operations at Port Hedland.