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 finding that CFMMEU construction and general division Queensland branch secretary Michael Ravbar engaged in coercion and adverse action may be raised in future proceedings about his fitness to hold an entry permit.
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 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.
The FWC has granted an entry permit to a former CFMEU official once fined $30,000 for blockading a worksite and abusing workers in a bid to coerce Grocon into making an agreement, hearing he became a "different person" once employed as an AWU organiser.
The FWC has renewed the entry permit of CFMMEU construction and general division WA branch president and organiser Vinnie Molina, on the condition that he undertake "emotional management" training to prevent a recurrence of infractions for which he has been fined almost $17,000 since 2012.