Fair Work Australia has suspended the federal right of entry permits of CFMEU Assistant Secretary Brian Parker and CFMEU organiser Thomas Mitchell for three months after finding the pair had acted inappropriately while exercising these rights.
The order is effective immediately from 13 May 2011 and both men are prohibited from obtaining any further entry permits during the ban period.
The suspensions follow from incidents that occurred at the St. Patricks Estate Building Project in Manly over two days in early December 2008. These were the subject of a Federal Court case brought by the ABCC in which the CFMEU, Mr Parker, Mr Mitchell, Rebel Hanlon and Robert Kera, were fined a total of $50,500 (see Darlaston v CFMEU & Ors).
FWA found that given the nature and gravity of the contraventions by Mr Parker and Mr Mitchell that the suspension of their permits would not be harsh or unreasonable in the circumstances.
The Federal Court had found that Mr Parker abused his right as a permit holder by both hindering and obstructing various workers at the construction site by making statements that were ‘blatantly unacceptable’ and that Mr Mitchell had acted in an improper manner when he drove at a gate behind which a worker was standing.
FWA did not impose suspensions on Mr Hanlon or Mr Kera.
The ABC Commissioner said that FWA’s decision further vindicates the strong position the ABCC has taken to eradicate this type of behaviour from the building and construction industry.
“These incidents serve as a reminder that permit holders must strictly adhere to the right of entry rules. When entering a site, permit holders must behave in an appropriate manner and follow the instructions of site owners.
“By definition Right of Entry laws are a right, but attached to them are responsibilities. This sanction by FWA reflects the need to responsibly exercise rights.
“The ABCC will take action against those who abuse their entry rights and penalties will be enforced if these rules are breached.”