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.
The Federal Court has upheld Qantas' right to refuse access to documents sought over a "leave burn" program for aircraft engineers, in a decision a union leader says raises the bar for entering workplaces to prove breaches.
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.