CFMEU WA secretary Kevin Reynolds has given an undertaking to the AIRC that the CFMEU WA would direct assistant secretary Joe McDonald not to enter Brookfield Multiplex Constructions Pty Ltd (Multiplex) sites until he has a right of entry permit.
The undertaking was made after conciliation hearings on 10 April 2008 between the CFMEU and Multiplex
(PR981464).
Multiplex applied to the AIRC for orders to prevent Joe McDonald from coming within 100 metres of Multiplex sites while he does not have a right of entry permit.
Multiplex is able to have the matter re-listed if this undertaking is breached.
The ABCC also made a more general application to the AIRC on 15 March 2008. The ABCC’s application seeks to require the CFMEU to take all reasonable steps to ensure Mr McDonald does not claim to have a right to enter building sites and to prevent the union from applying for a permit for Mr McDonald for three years. The ABCC’s application also seeks the suspension of entry permits of three other CFMEU officials who have allegedly abused the right of entry system provided for under the
Workplace Relations Act 1996 (WR Act)
.
The ABCC’s application was adjourned for possible conciliation between the parties and directions in respect of a future hearing.
Disappointingly, Mr McDonald has already made comments to the media since the CFMEU’s undertaking, suggesting he will defy any direction from his union not to enter Multiplex sites.
The WR Act sets out conditions permit holders must satisfy when they seek to gain entry to a workplace.
The conditions are outlined in the ABCC fact sheet "Right of Entry – Federal union officials – what to do when visiting a site". The ABCC has also produced a Right of Entry poster as an aid to any building industry participant.
Building industry participants who encounter union officials trying to enter their site unlawfully should contact the ABCC on 1800 003 338 or the police.
To contact the ABCC: