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Alfred v Quirk


Applicant:
ABCC Inspector Gregory Alfred 
Respondent(s):
Andrew Quirk 
Date filed:
15 April 2008 
Outcome:

On 16 December 2008, SDP Lacy ordered that Mr Quirk's right of entry permit be suspended for one month. The order was not to take effect unless Mr Quirk, within the period ending three months from the date of the order is proved to have again abused his rights and responsibilities under Part 15 of the WR Act. Mr Quirk was required to lodge a verified certificate with the ABCC stating that he has had his rights and responsibilities under Part 15 explained to him.
Background:

The ABCC applied to the AIRC to have CFMEU official Andrew Quirk’s permit revoked.

The application was made under s.770 of the Workplace Relations Act 1996 (WR Act) for alleged abuse of Part 15 of the WR Act, in breach of s.770(1) of the WR Act.

It was alleged that Mr Quirk abused the right of entry system on 3 and 4 October 2007 at a Hansen Yuncken worksite in Castle Hill by:

  • failing to hold discussions with employees and erecting posters promoting union membership instead;
  • failing to show his permit on request
  • failing to hold discussions with employees in the designated area, and
  • acting aggressively and abusively towards employees

On 1 December 2008 Senior Deputy President Lacy found that CFMEU official Andrew Quirk abused the right of entry conferred by section 760 of the Workplace Relations Act 1996 during the course of a visit to the Castle Hill building site of Hansen & Yuncken on 4 October 2007.