Right of entry page 11 of 19

190 articles are classified in All Articles > Legal > Right of entry


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 refuses special leave to challenge entry ruling

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.

High Court to hear special leave bid on entry rights

The High Court will next Friday hear special leave applications from WorkSafe Victoria and a CFMEU official who are challenging a full Federal Court finding that he needed a federal entry permit to assist a health and safety representative when invited onto a construction site.



ABCC says Hadgkiss has already paid "high price" for breach

The CFMEU has told the Federal Court that significant penalties are required against ABC Commissioner Nigel Hadgkiss for causing incorrect information to be published on union right of entry, and has urged it to consider his unlawful conduct as spanning the full period it remained online.


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.