Right of entry permit holders can't hold discussions with employees in the workplace before or after work because it creates "uncertainty" around employee and employers' rights and obligations and increased the likelihood of disputes, the FWC has found.
The FWC has suspended the entry permit of a CFMEU official who behaved in an "aggressive and threatening manner" when he told a project manager at a construction site he wanted to "smash" someone.
The FWC has decried the "normalisation" of a culture of lawlessness within the CFMEU, in decisions refusing two officials' applications for entry permits after they failed the "fit and proper person" test, but granting entry rights to another organiser who allegedly threatened to start a Boral-style "war" against a major construction company.
Fortescue Metals Group has failed in a bid to block the CEPU from seeking a declaration that it unduly delayed entry to its WA branch secretary after a 2013 workplace fatality, with a court finding WA's non-harmonised OHS laws are no barrier to entering sites under the Fair Work Act.
Two CFMEU officials, including one posing as croc-hunter Steve Irwin during a construction site visit, are no longer personally liable for $47,000 in fines, after a full Federal Court found the FWBC "pursued" them "under an inappropriate statutory regime".
The Turnbull Government is seeking to make a direct link between the Heydon Royal Commission's findings and the ABCC legislation that looks set to be a double-dissolution trigger, but there is no concrete policy connection between the two, according to a leading IR academic.
The FWC has acceded to an FWBC bid to impose restrictions for 12 months on CFMEU officials exercising their entry rights across three states and the NT.
An independent Islamic school unlawfully refused entry to union organisers to inspect documents, manipulated employee records and made more fixed-term teaching appointments than permitted under its award, the Federal Court has found.
In a important decision on right of entry, an FWC full bench has permitted the CFMEU to hold discussions in a BHP Coal mine's dragline crib rooms, overruling a previous finding that that the areas were not fit for that purpose.
The AMWU has failed in its bid to obtain an entry permit for an organiser involved in the notorious Westgate Bridge dispute because imposing additional permit conditions would amount to "no more than shutting the stable door after the horse has bolted", says the FWC.
