The ABCC says it is "carefully reviewing" a Federal Court finding that two CFMEU officials who flagrantly disregarded requests to show their entry permits did not breach the Fair Work Act's restrictions on entry to worksites because they were not seeking to exercise their lawful rights.
Unions are seeking the reinstatement of powers to inspect non-members' time and wages records, after their analysis of 200 job advertisements aimed at Chinese, Korean and Spanish-speakers showed that almost four out of every five pay less than the award.
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.
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 has issued a new entry permit to a CFMEU official despite his "serious lack of diligence" in misplacing his old one, while it has granted a fresh permit to another of the union's officials – a former acting national secretary of the FSU - after finding it need not "rigidly apply" a general rule that applicants have completed entry training within the previous three months.