Brookfield Multiplex Pty Ltd applied to the AIRC for orders that would prevent CFMEU Assistant Secretary in WA, Mr Joe McDonald, from entering sites operated or controlled by Brookfield Multiplex without a valid entry permit. The company’s application cited Mr McDonald having entered its sites on more than 30 occasions despite his not holding a valid State or Federal right of entry permit.
Conciliation proceedings took place before SDP Watson arising from which an undertaking was given in the following terms:
The Construction, Forestry, Mining and Energy Union, by Kevin Reynolds, the State Secretary of the Construction, Forestry, Mining and Energy Union hereby undertake that it will direct Joe McDonald not to enter any construction site owned, occupied or controlled by Brookfield Multiplex Constructions Pty Ltd or any related body corporate of Brookfield Multiplex Constructions Pty Ltd until such time as Joe McDonald holds a valid right of entry permit under the Workplace Relations Act 1996.
Brookfield Multiplex is at liberty to have the matter relisted in the event of an alleged breach of the undertaking.