The Federal Magistrates Court at Melbourne today endorsed a penalty of $5000 on the CFMEU and $1000 on its official, Mark Travers for failing to observe proper right of entry procedures.
The ABCC and respondents made joint submissions on the penalty and signed an agreed statement of facts.
Mr Travers entered the Tullamarine Airport Multilevel Car Park site on 24 February 2009 without authorisation or approval from the head contractor, John Holland. He conducted an unauthorised meeting with staff, refused to leave the site and swore at and abused management.
ABC Commissioner Leigh Johns said that building and construction industry participants should not accept that this conduct will occur in their workplace.
“Inappropriate site entry is disruptive and can be costly,” said ABC Commissioner Johns.
“Permit-holders that exercise their powers responsibly and require lawful site access for legitimate investigations are disadvantaged when a select few abuse the right of entry.
“The permit system is only workable if it is adhered to by all the parties involved.
“The ABCC is always available to provide information, advice and assistance on the right of entry system."
The respondents admitted that Mr Travers acted in an improper manner while exercising his rights as a permit holder in breach of s767 of the Workplace Relations Act 1996.