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.
CFMMEU official Joe Myles has been hit with his second personal payment order in four months, the Federal Court today fining him $44,000 for a series of threats and actions over an unfavoured subcontractor working on a level crossing site in 2013 and 2014.
The CFMMEU is taking a building company to court for allegedly requiring 24 hours' written notice for permit holders wanting to investigate suspected safety breaches at a WA construction site unless the union sent someone qualified to carry out testing.
The ABCC is pursuing the CFMMEU and eight organisers for repeatedly refusing to show entry permits at a major Queensland road project on the basis they were responding to safety issues as "concerned citizens, not as union officials".
The big stick handed to the ABCC in the form of personal payment orders against contravening union officials has been whittled further with two Federal Court decisions reinforcing that past records and a clear appreciation of consequences must first be taken into account.
A Federal Court judge has evoked the memory of the BLF's deregistration in the course of handing out maximum fines to the CFMMEU for "deplorable" breaches by a past State branch president, suggesting that any organisation that fails to rein in aberrant behaviour "cannot expect to remain registered in its existing form".
In a significant blow to ABCC attempts to rein in the behaviour of union officials by holding them personally liable for breach fines, the Federal Court has today ruled that an offender's past record must be taken into account before imposing such conditions.
The FSU has asked the Federal Court to rule that a global currency exchange company is covered by the banking, finance and insurance award, claiming it shifted to the retail award after the recent reduction in penalty rates.