In what a leading labour law academic describes as a "victory for common sense", a full court has quashed a ruling that union officials cannot use their right to enter premises for discussions with members to gather signatures on petitions or "secure a commitment to a particular course of action in the future".
A court has roasted a construction contractor for the "deficient evidence" it relied on for its "complete denial" that it breached entry laws when it blocked CFMMEU officials from inspecting a suspected safety flaw they identified after entering a site to examine another possible contravention.
The AWU's pursuit of fines against builders John Holland for allegedly denying an official lawful access to test silica dust levels on Australia's biggest road project has been put on hold, after a judge accepted that the FWC is the best forum to quickly determine entry rights when workers' health is potentially in jeopardy.
CFMMEU leader Michael Ravbar has been skewered with his second personal penalty in four months for "blatantly" breaching entry rights when delaying work at a major project to promote an industry super fund during unauthorised early morning barbecues.
The FWC has taken the UWU to task over a "lack of willingness" to honour an agreement to stay in a designated area of a Woolworths distribution centre canteen after complaints from workers, rejecting assertions the union did not agree to continue the arrangement after a trial.
A CFMMEU organiser has been granted an entry permit despite a lengthy history of convictions for alcohol-related offences, the FWC in part reasoning that because none occurred in workplace settings he met the definition of a fit and proper person.
A CFMMEU organiser ordered to pay $10,000 out of his own pocket for entry breaches has avoided having his permit withdrawn after the FWC found that doing so would be "punitive and nothing more".
The FWC has granted a first-time entry permit to a CFMMEU organiser with an extensive criminal past that includes assault, auto theft, trespass, breaching a restraining order, property damage and weapons convictions after hearing he turned his life around following a 10-month jail term in 2017.
The FWC has renewed the entry permit of a NSW Teachers Federation industrial officer despite finding her continued use of an expired one "shows both organisational and personal failing".
In what is believed to be the first interlocutory injunction to provide union entry for discussion purposes, the Federal Court has ordered a project head contractor to permit ETU organisers to access labour hire linesworkers on a 900km, $2.2 billion interstate power transmission interconnector.
