Conditional right of entry permits have been issued to CFMEU officials in Western Australia. These permits are the first to note the restrictions handed down by the Australian Industrial Relations Commission on 17 November 2008.
CFMEU WA officials Kevin Reynolds, Walter Molina, Graham Pallot and Mark Hudson were issued permits this week that contain provisions that prevent them from entering or remaining on construction sites in the company of, or in concert with, CFMEU WA Assistant Secretary Mr Joe McDonald.
This condition applies to all current federal right of entry permits and any permits issued in respect of the Construction and General Division of Western Australian Divisional Branch of the CFMEU for two years from the date of the order.Mr McDonald is only permitted to enter building sites where he has been invited in advance by an owner of the site. The order also requires that Mr McDonald not purport to rely on right of entry under the Workplace Relations Act 1996 (WR Act) when he in fact holds no federal right of entry permit.
On 18 November 2008 SDP Lacy issued a consent order placing significant conditions on right of entry permits to be issued in Western Australia. Further details of the consent order are available on the ABCC website - Radisich v Buchan, Heath, Molina and CFMEU.
The order was made as a result of an application made by the ABCC under section 770 of the WR Act for abuse of the federal right of entry system. The ABCC application identified several incidents at Perth building sites where it alleged that right of entry procedures had been abused.
If you would like to know more about right of entry see the ABCC Fact Sheets or call the ABCC hotline 1800 003 338.