A court has penalised an early learning centre that refused on the basis of an alleged threat to its workers' "health and wellbeing" to allow a union organiser use its staff room to hold discussions, directing her instead to a storage room.
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.
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.
The Federal Court has rejected CFMEU argument that the Fair Work Act's explanatory memorandum compels a finding that union officials are entitled to exercise their entry rights to hold discussions with members and potential members before their shifts begin.
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.
The CFMEU says it will appeal to a full Federal Court over a judge's refusal to let it withdraw admissions that it was liable for right of entry contraventions by five officials at three Adelaide construction sites, after the High Court on Friday found the union inappropriately invoked its jurisdiction.
The MUA has established its right to represent one of three teams of workers it sought access to at the Gorgon LNG project's processing site, after the FWC found their principal functions "lie at the heart of a waterside worker".