Browsing: Case law


Court increases builder's entry-blocking fines

A Canberra contractor that blocked CFMEU officials from investigating safety issues has been hit with higher penalties after conceding that a judge mistakenly bundled obstruction and misrepresentation breaches together when determining fines.


Permits granted after administrator derides "clowning"

A FWC presidential member has set out the extent to which he considers untested allegations should influence issuing of entry permits, while considering evidence that included CFMEU construction division administrator Mark Irving KC accusing a site manager of "play acting" in a confrontation with a union official captured on video.


Company "had no intention" of allowing ETU's entry to site

A head contractor unlawfully blocked ETU organisers' access to labour hire linesworkers on an interstate power transmission project, the Federal Court has found, and the various reasons it provided for refusing entry appear "disingenuous".


Gaza rally arrest no barrier for entry permit: FWC

The FWC has renewed an MUA organiser's entry permit, finding his arrest at a rally opposing the war in Gaza relevant, but not enough to prevent him passing the fit and proper person test, and a "removed" CFMEU organiser has won a new permit after the old one's automatic cancellation.


Permit extension rebuff for "kill threat" CFMEU organiser

The FWC has refused to extend an entry permit for a CFMEU construction and general division Victorian branch Indigenous Organiser who is facing "very serious" charges of threats to kill and inflict serious injury, while it has foreshadowed that the process for considering his application for a new permit is "unlikely to be a straightforward one".


Builder penalised over corporate culture and absence of contrition

A federal court has confirmed that the CFMEU's construction division is not the only industry participant deserving of scrutiny, factoring-in a builder's lack of remorse into penalties imposed for blocking a union official's attempt to check on potentially dangerous electrical boards.



No reinstatement for vax hold-outs: Bench

A group of DP World wharfies unfairly sacked for refusing to be vaccinated against COVID-19 have failed to knock out a decision not to reinstate them, leaving a question hanging around the lawfulness of their employer's actions.


FWC gives ASU a toilet break

ASU officials will no longer have to be escorted to the bathroom when exercising entry rights at the ATO after the FWC found it an unreasonable request, while giving union delegates "time release" to accompany them would be "frankly quite ridiculous".


FWC slams "dishonest" portrayal of meeting site

A FWC presidential member has taken exception to a HSU official's description of a clinical handover area as a meal room suitable for conducting meetings, dismissing it as a "self-serving label. . . border[ing] on dishonest".


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