Right of entry page 10 of 19

184 articles are classified in All Articles > Compliance > Right of entry


Organiser visits must not stray outside work hours: Bench

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.

Full court closes potential entry laws loophole

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.

"My boss is bigger than yours" alleged entry breach: ABCC

Having only recently been given the all-clear over a heavily-scrutinised $75,000 payment while at the CEPU, former Unions Tasmania secretary and political aspirant Kevin Harkins will face a Federal Court judge next month as the ABCC pursues him over "abusive" entry breaches.

FWC says entry ban "conceivable", but rejects ABCC case

The FWC has thrown out the ABCC's latest bid to block a high-profile CFMMEU leader from visiting worksites, warning that any future applications will need "actual evidence" that he controlled officials and failed to address their actions.


Defective paperwork no barrier to entry in safety matters: Bench

A full Federal Court has overturned a workplace safety finding that permit-holding union officials were rightly denied site access for neglecting to include their middle names on an entry notice, reinforcing that flawless paperwork comes a distant second to protection of workers.

Dispute exposes tear in super-merger's fabric

An entry dispute at a Queensland textile plant has exposed subterranean tensions during the merger of the CFMEU, TCFU and MUA, raising concerns about possible internal coverage disputes in future.


Court decision chips at unions' liability for officials' breaches

A Federal Court judge has upended the recently-adopted precept that unions are vicariously responsible for entry breaches by officials under the Fair Work Act's 'liabilities of bodies corporate' clause, declaring that a close examination of related cases reveals no support for the contention.

Bench refuses to disturb finding that Hadgkiss questioning "inexcusable"

A full Federal Court has found that a CFMEU official breached the Fair Work Act's "hinder or obstruct" prohibition for permit-holders when he "liberally" swore at a safety inspector, but rejected the ABCC's argument that it was denied procedural fairness when the trial judge described former Commissioner Nigel Hadgkiss's questioning of a witness as "inexcusable".