Alfred v Quirk

Applicant: ABCC Inspector Gregory Alfred

Respondent(s): Andrew Quirk

Date filed: 15 April 2008

Tribunal Findings:

On 16 December 2008, Senior Deputy President Lacy of the Australian Industrial Relations Commission ordered that CFMEU Organiser Andrew Quirk's right of entry permit be suspended for one month.

The ABCC applied to the AIRC to have CFMEU official Andrew Quirk’s permit revoked under s.770 of the Workplace Relations Act 1996 (WR Act) for alleged abuse of the right of entry provisions of the WR Act.

On 1 December 2008 Senior Deputy President Lacy found that Andrew Quirk abused his right of entry conferred by section 760 of the Workplace Relations Act 1996 during the course of a visit to the Castle Hill building site of Hansen & Yuncken on 4 October 2007.

It was found that Mr Quirk abused his rights at the site by:

  • failing to hold discussions with employees and erecting posters promoting union membership instead;

  • failing to show his permit on request;

  • failing to hold discussions with employees in the designated area, and

  • acting aggressively and abusively towards employees working at the site.

Tribunal Outcome:

On 16 December 2008, SDP Lacy ordered that Mr Quirk's right of entry permit be suspended for one month. The order was not to take effect unless Mr Quirk, within the period ending three months from the date of the order (was) proved to have again abused his rights and responsibilities under Part 15 of the WR Act. Mr Quirk was also required to lodge a verified certificate with the ABCC stating that he has had his rights and responsibilities under Part 15 explained to him.