Right of entry page 9 of 16

157 articles are classified in All Articles > Legal > Right of entry


Court finds potential loophole in entry laws

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.



Middle names required for valid entry: Court

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.

Senior FWC member outlines case for tweak to entry permit process

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.

Senior member says FWC's powers 'misapplied' in entry permit process

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.

Regulator questions court's decision "constraining" workers' safety

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.

Ruling on site access has "profound" safety implications: Union

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.

CFMEU's "power" play fails to impress court as $540,000 in fines stand

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.

Mining giant seeking to challenge entry ruling in High Court

BHP Coal is seeking special leave from the High Court to challenge a ruling that allowed the CFMEU to hold discussions in the crib room of a coal mine's dragline, but the union says permit holders could be left with nowhere to meet with workers if the company's interpretation is accepted.