A FWC full bench has overturned the suspension of 12 CFMEU officials' entry permits, finding that the original sanctions were not linked to the resolution of an ongoing right of entry dispute but appeared to be punishment for past bad behaviour.
The secretary of the HSU's Victoria No 1 branch, Diana Asmar, has been returned with a resounding majority, but still faces scrutiny over the branch's alleged failure to follow procedures for issuing entry permits to organisers.
The Fair Work Commission adjourned its inquiry into HSU Victorian No 1 branch entry permit applications this morning after branch general manager Kimberley Kitching indicated she would seek an urgent Federal Court order to compel the tribunal to rule on her argument that it has no jurisdiction to conduct the review.
The Federal Court has fined the CFMEU's construction and general division and five of its officials more than $150,000 for contravening right of entry laws, prompting FWBC director Nigel Hadgkiss to state that entry permits are a "privilege", and not a licence to act unlawfully.
A Fair Work Commission full bench has upheld a decision to refuse a Queensland building union official an entry permit, while a senior member has stayed the suspension of permits for 12 other officers.
ACTU computer records suggest a single person sat the online right of entry permit tests for six HSU Victorian No 1 branch officials according to counsel assisting the Heydon Royal Commission, but the branch's secretary Diana Asmar has flatly denied she gave instructions for such a practice to occur.
The Fair Work Commission has granted right of entry permits to a union branch secretary who initially failed to disclose that his previous one had been suspended for three months after an altercation with a union member, and to an organiser who visited 90 sites after his last permit expired.
The Fair Work Commission has granted an entry permit to a CFMEU construction and general division organiser, rejecting the FWBC's argument that it was obliged to give weight to the union's poor record of compliance with industrial laws.