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Martino v McLoughlin


Applicant:
ABCC Inspector Melissa Martino 
Respondent(s):
Adrian McLoughlin 
Date filed:
26 February 2007 
Outcome:

On 29 August 2007 AIRC suspended McLoughlin’s Federal Right of Entry permit until 31 October 2007 and ordered him to complete appropriate training about his rights and responsibilities as a permit holder. 
Background:

The ABCC has instituted proceedings against CFMEU official, Adrian McLoughlin, seeking the revocation of his permit due to his alleged unlawful conduct at four different building sites between June 2006 and December 2006. 
 
The AIRC found Mr McLoughlin:

  • persistently failed to produce his right of entry permit when requested;
  • failed to comply with reasonable Occupational Health and Safety requirements and
  • disrupted work by convening a union meeting during work hours when it could have been held during meal or other breaks.

This was the first time the ABCC made application under s.770 of the WR Act that gives the AIRC the power to make orders for abuse of the system.