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.
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.
The FWC has thrown out the ABCC's latest bid to block a high-profile CFMMEU leader from visiting worksites, warning that any future applications will need "actual evidence" that he controlled officials and failed to address their actions.
One of the CFMMEU's most pugnacious leaders has been described before the FWC as performing a "fairly administrative sort of role" as the union fends off ABCC arguments his entry permit shouldn't be renewed on the basis that he oversees a culture of lawlessness.