Office of the Australian Building and Construction Commissioner

ABCC application

• On 15 April 2008 the ABCC applied to the Australian Industrial Relations Commission (AIRC) in Sydney to have CFMEU official Andrew Quirk’s permit revoked.
• The application is made under section 770 of the Workplace Relations Act 1996 (WR Act) for alleged abuse of Part 15 of the WR Act, in breach of section 770 (1) of the WR Act.  Part 15 entitles permit holders to enter sites to represent their members in the workplace, hold discussions with potential members and investigate suspected breaches of industrial laws, industrial instruments and OHS laws.
• Mr Quirk currently holds a Federal right of entry permit.
• A five-day hearing is scheduled for 4 August 2008.
• The grounds for the ABCC’s application are outlined below.

Failure to give minimum 24 hours notice

• The ABCC alleges that on 2 October 2007, Mr Quirk provided Hansen Yuncken Pty Ltd with notice via fax that he intended to visit a worksite at 284 Castle Hill Road, Castle Hill in NSW on a date including 3 October 2007 to hold discussions with employees.
• Mr Quirk is alleged to have entered the site at around 7.50am on 3 October 2007, earlier than the minimum 24 hours notice required under section 763 of the WR Act.

Failure to hold discussions with employees – using right of entry to put up posters

• The ABCC alleges that Mr Quirk did not hold discussions with employees on 3 October 2007 as he had indicated in his notice, and that instead he put up posters which promoted union membership.

Failure to show permit on request

• Mr Quirk personally delivered an entry notice when he arrived at the site at 7.50am on 3 October 2007 stating that he intended to visit the site on a date including 4 October 2007 for the purpose of holding discussions with employees.
• When he arrived at the site on 4 October 2007, the ABCC alleges that he failed to produce his permit when requested to do so by Hansen Yuncken’s site manager.

Failure to hold discussions with employees in a particular part of the site premises

• The ABCC alleges that when Mr Quirk visited the site at 10.35 am on 4 October 2007, he failed to accede to site management’s request that discussions be held in a designated car park area.

Aggressive and abusive conduct towards employees

• Mr Quirk is alleged to have acted aggressively and abusively towards employees on 3 and 4 October 2007. This conduct included yelling and swearing at them.