Entry permits/entry rights page 4 of 12

117 articles are classified in All Articles > Registered organisations > Entry permits/entry rights


FWC says entry ban "conceivable", but rejects ABCC case

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.

Alleged lawlessness no design of "fairly administrative" leader: Union

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.



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 rules unions can represent "eligible" non-members

The High Court has confirmed that unions are entitled to run underpayment and other contravention cases for un-named classes of employees who are eligible for membership but are not members, paving the way for a pilots union to advance an adverse action claim on behalf of Regional Express cadets.



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.