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.
An AMWU organiser penalised this year for his role in a strike over alleged safety issues looks set to win a new entry permit, on the condition that he undergo training on the interaction of IR and OHS statutes and when it is lawful to stop work.
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.