The ABCC was seeking the revocation or suspension of CFMEU organiser Michael Lane's entry permit due to conduct at the Conrod Straight construction site at Mt Panorama, Bathurst. It was alleged that on 19 April and 16 May 2007 Mr Lane as a permit holder abused the rights of entry conferred by Part 15 of the Workplace Relations Act 1996 (WR Act) while on site.
Watson SDP dismissed the ABCC’s application on the basis that he was not satisfied that Lane was purporting to rely on rights conferred by Part 15 of the WR Act when he visited the Conrod Straight site on the two occasions. The fact that entry notices had been issued by Lane under s.760 of the WR Act before each visit was not enough for that purpose. It was held that the occupier of the site consented to Lane uplifting copies of employment records to show to the Immigration Department.
On 19 November 2008 a Full Bench of the AIRC upheld an appeal by the ABCC. The Full Bench found that “[The] right of entry under s.760 is for a specific and limited purpose and is subject to the limitations set out in Division 6 of Part 15.”
The Full Bench said: “When Lane, a permit holder, entered with the intention to, and then sought to, go beyond the scope of the rights conferred by the section he abused those rights.”