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.
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 senior FWC member has taken aim at the process involved in issuing entry permits, describing a perceived requirement that applications need to be made within three months of training about rights and responsibilities as a "misapplication" of the Commission's powers.
WorkSafe Victoria is "considering its options" after expressing disappointment at Friday's full Federal Court finding that a CFMEU official needed to have a federal entry permit to assist a health and safety representative when invited onto a Victorian construction site.
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.