An FWC full bench majority has overruled a presidential member's refusal to issue an entry permit to a CFMEU organiser, saying he set a "higher bar" than usual because of the union's adverse track record.
The FWBC has discontinued court action against the CFMEU and official Luke Collier over alleged entry breaches at a Sydney apartment development in 2014, conceding its "poor" chance of succeeding after a full Federal Court quashed a similar case.
Right of entry permit holders can't hold discussions with employees in the workplace before or after work because it creates "uncertainty" around employee and employers' rights and obligations and increased the likelihood of disputes, the FWC has found.
The FWC has decried the "normalisation" of a culture of lawlessness within the CFMEU, in decisions refusing two officials' applications for entry permits after they failed the "fit and proper person" test, but granting entry rights to another organiser who allegedly threatened to start a Boral-style "war" against a major construction company.
Fortescue Metals Group has failed in a bid to block the CEPU from seeking a declaration that it unduly delayed entry to its WA branch secretary after a 2013 workplace fatality, with a court finding WA's non-harmonised OHS laws are no barrier to entering sites under the Fair Work Act.
The FWC has granted a conditional entry permit for CEPU NSW postal and telecommunications branch secretary Jim Metcher, but has upbraided him for failing to disclose that he allegedly assaulted another senior elected official.