An employer who refused requests by police and an OHS inspector to allow two CFMEU officials onto her building site to investigate a Facebook-notified safety issue has avoided an $18,500 penalty because the union's notice of entry did not include the officials' middle names.
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.
A full Federal Court has found a CFMEU official called onto a Victorian construction site to assist a health and safety representative is not protected by the state's OHS laws and should have had a federal entry permit.
A full Federal Court has described as "astounding" a CFMEU argument that it should not be held liable for organisers' unauthorised entries to building sites because the alleged contraventions should be viewed as an exercise of "power", rather than of a "right" defined by the Fair Work Act.
BHP Coal is seeking special leave from the High Court to challenge a ruling that allowed the CFMEU to hold discussions in the crib room of a coal mine's dragline, but the union says permit holders could be left with nowhere to meet with workers if the company's interpretation is accepted.
The FWC will discontinue hearings into former CEPU leader Jim Metcher's fitness to hold an entry permit as his retirement last week triggered its expiry.
A full Federal Court has upheld the CFMEU's right to hold discussions in the crib room of a coal mine dragline, after rejecting BHP Coal's bid for a narrow interpretation of the Fair Work Act.
In continuing fallout from an unlawful CFMEU visit to two Adelaide construction sites in 2013, the FWC has refused to renew a veteran organiser's entry permit, despite union claims that he wouldn't re-offend after being "chastised" by his wife for his actions.
Veteran CEPU leader Jim Metcher has retired after a union-commissioned investigation found that he should have disclosed legal proceedings related to domestic violence allegations in 2009.