On 7 June 2007 two CFMEU organisers were refused entry to the National Convention Centre site in Canberra by Iqon Pty Ltd and its employees – Michael Riley, Wayne Clark and Brendan Byatt.
The organisers were attempting to gain entry to the site to investigate alleged breaches of the Occupational Health and Safety Act 1989 (ACT) and were authorised under that Act to enter the site without giving prior notice.
The ABCC alleged that the head contractor and its employees hindered and obstructed the permit holders from the CFMEU when they attempted to lawfully exercise their right of entry.
On 10 July 2009 the Federal Magistrates Court dismissed the case. The ABCC appealed and the application was heard by the Full Court of the Federal Court on 22 February 2010.
The Full Court upheld the ABCC’s appeal, finding there was no obligation under the ACT OHS Act for the permit holders to provide particulars of the safety matter they wished to investigate.
The matter was remitted to the Federal Magistrates Court for determination of liability and penalties.
On 31 August and 1 September 2010 the Federal Magistrates Court in Canberra heard the case. On the first day of the hearing Mr Clarke, Mr Byatt and Iqon formally admitted liability for hindering and obstructing permit holders from the CFMEU lawfully attempting to exercise right of entry. On the second day of the hearing Mr Riley also admitted liability.
On 12 November 2010 penalties of $10,000 were imposed on Iqon Pty Ltd and $1,000 each on Brendan Byatt and Michael Riley for contravening the right of entry provision at s.767(3) of the Workplace Relations Act 1996.