The Australian Industrial Relations Commission (AIRC) today suspended CFMEU official Adrian 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. Senior Deputy President Watson today found Mr McLoughlin had abused the right of entry system. On 26 February 2007, the ABCC filed an application with the AIRC for an order under section 770 of the Workplace Relations Act 1996 (WR Act) to have Mr McLoughlin’s permit revoked until 10 February 2009 for abuse of the system. The application was heard during a six-day hearing from 9 July 2007. The ABCC alleged Mr McLoughlin misused and abused his rights as a permit holder under the WR Act on four Victorian 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.
ABC Commissioner John Lloyd said this was the first time the ABCC has made application under section 770 of the WR Act that gives the AIRC the power to make orders for abuse of the system.
“Rights of permit holders are established under the WR Act. With those rights come responsibilities. The Commission found today that McLoughlin abused the right of entry system,” Mr Lloyd said.“Although the ABCC sought a longer suspension, today’s decision sends a strong message to building industry participants that abuse of right of entry will not be tolerated.“The ABCC will not hesitate to take action against union officials who abuse their right ofentry.”
Summary of finding:
SDP Watson stated in paragraph 216 of his decision:
“In summary, I find that Mr McLoughlin did abuse rights conferred by Part 15 of the Act in interrupting normal work during the course of his 1 June 2006 attendance at the CEA Cecil Street site and in his pattern of refusing to produce his permit over the course of four site visits to the Yarra Arts site, the 10 August 2006 attendance at the St Leonard’s site and his failure to accede to requests to adhere to site OHS requirements (or challenge the reasonableness of the requests in the proper way) on 3 August 2006 and 15 August 2006 on the Southbank Boulevard site. Accordingly, I am satisfied that the jurisdictional requirement for the making of a s.770 order has been established.”
Background information:
The ABCC alleged that Mr McLoughlin abused the right of entry system, acting in his capacity as an organiser of the CFMEU, at the following sites on the following dates:
- Cecil Street, South Melbourne, where Construction Engineering (Aust.) Pty Ltd was constructing a car park, offices and retail stores - 1 June 2006 and 3 June 2006;
- Yarra Arts, Southbank Boulevard, where Bovis Lend Lease was constructing the
- Melbourne Recital Hall, on 21 June 2006, 6 July 2006, 11 July 2006, 12 July 2006, 26 July 2006, 3 August 2006, 15 August 2006 and 25 September 2006;
- St Leonard’s College in Brighton East, where Kane Constructions Pty. Ltd. were constructing an educational facility on 17 July 2006, 9 August 2006 and 10 August 2006; and
- Bourke Street, Docklands, where Grocon Constructors was constructing a multi-purpose commercial and retail building known as the C3 and C4, on 18 December 2006.