The AIRC today issued an order that has significant implications for the activities of a number of CFMEU officials.
The order arose as a result of a settlement of a case brought by the ABCC. The ABCC application identified several incidents at Perth building sites where it alleged right of entry procedures had been abused.
The AIRC ordered:
- The CFMEU give a written direction to Mr Joe McDonald that he must not purport to rely on any right of entry under the Workplace Relations Act 1996 (WR Act) in order to facilitate access to construction sites. Mr McDonald does not hold a right of entry permit under the Act.
- The CFMEU will not apply to the Registrar for the issue of a permit to Mr McDonald for a period of two years.
- The following condition be imposed on all current permits and all permits issued over the next two years in respect of the CFMEU WA branch: the permit holder is not permitted to enter or remain on construction sites in the company of, or in concert with, Mr McDonald except where Mr McDonald has been invited in advance by an owner.
- The permit held by Mr Michael Buchan be suspended for three months. A further two month suspension to apply to a permit held by Mr Buchan if he breaches any provision of Part 15 of the WR Act during the next 12 months.
- The permit held by Mr Walter Molina be suspended for two months. A further one month suspension apply to a permit held by Mr Molina if he breaches any provision of Part 15 of the WR Act during the next 12 months.
- The CFMEU will not apply to the Registrar for the issue of a permit to Mr Doug Heath for a period of two months. Mr Heath’s consent to the order does not constitute any admission that he abused any right conferred by Part 15 of the WR Act.
ABC Commissioner John Lloyd said: “The ABCC was concerned for some time that right of entry obligations were not being properly observed by the CFMEU in Western Australia. This was the reason behind the commencement of the proceeding.
“The consent order underlines the importance of the obligations attached to a right of entry permit being strictly observed. The order should ensure that affairs on Perth building sites are conducted in a lawful manner.”
Joe McDonald is the CFMEU WA Assistant Secretary. Michael Buchan and Walter Molina are CFMEU WA organisers. Doug Heath was a CFMEU WA organiser at the time of the alleged incidents.