The Australian Industrial Relations Commission in Sydney yesterday ordered that the right of entry permit held by CFMEU organiser Andrew Quirk be suspended for one month.
The suspension does not take effect unless Mr Quirk is found to have again abused his rights under Part 15 of the Workplace Relations Act 1996 (WR Act) in the next three months.
Senior Deputy President Lacy further ordered that on or before 15 January 2009, Mr Quirk must lodge with the ABCC a certificate signed by a legal practitioner that he has had explained to him his rights and responsibilities under Part 15.
It was found that Mr Quirk abused his right of entry as conferred by Part 15 of the Workplace Relations Act 1996 (WR Act) whilst visiting a Hansen and Yuncken building site at Castle Hill in Sydney on 4 October 2007. Mr Quirk failed to produce his right of entry permit despite repeated requests by a site manager to do so, and remained on the site.
In his decision, SDP Lacy said:
"I am satisfied that during [Mr Quirk's] visit to the site . . . he was asked to produce his entry permit. I am further satisfied that he refused or failed to comply with the request to produce his permit. His refusal or failure in that regard cannot reasonably be reconciled with the duty cast upon him by s.765 and was an abuse of the right conferred by s.760."
ABC Commissioner John Lloyd said the order imposed on Mr Quirk sends a message to other building industry participants that right of entry must not be abused.