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.
Two CFMEU officials, including one posing as croc-hunter Steve Irwin during a construction site visit, are no longer personally liable for $47,000 in fines, after a full Federal Court found the FWBC "pursued" them "under an inappropriate statutory regime".
The FWC has revoked an order granting the AIMPE access to crucial documents that might provide the basis for entry rights for discussions with tug crew members engaged as "partners" serving BHP Billiton's iron ore export operations at Port Hedland.
An independent Islamic school unlawfully refused entry to union organisers to inspect documents, manipulated employee records and made more fixed-term teaching appointments than permitted under its award, the Federal Court has found.
In a important decision on right of entry, an FWC full bench has permitted the CFMEU to hold discussions in a BHP Coal mine's dragline crib rooms, overruling a previous finding that that the areas were not fit for that purpose.
The AMWU has failed in its bid to obtain an entry permit for an organiser involved in the notorious Westgate Bridge dispute because imposing additional permit conditions would amount to "no more than shutting the stable door after the horse has bolted", says the FWC.