CFMEU National Construction President David Hanna facing court

FWBC is alleging in the Federal Court that the CFMEU’s David Hanna allegedly signed, or authorised the signing of, a notice falsely stating he was a federal permit holder and then used the notice to enter a Darwin building site.

As required under workplace relations laws, the CFMEU gave 24 hours’ notice that Mr Hanna would be entering the apartment and office complex building site on 17 and 18 June 2013.

Mr Hanna, did not, however, hold a valid Right of Entry permit. Mr Hanna has previously held a permit but it expired more than five years ago, in February 2009.

After the alleged incident, the Fair Work Commission (FWC) granted Mr Hanna a Right of Entry permit on 14 August, 2013. A condition of Mr Hanna’s permit is that he notify the FWC if any proceedings are commenced against him which may affect his right to hold a permit.

FWBC Director Nigel Hadgkiss said the number of alleged Right of Entry breaches on Australian building sites is alarming.

“Union officials must obey the law when entering building sites,” Mr Hadgkiss said. “It is completely unacceptable to enter a site without a valid permit. Allegations that involve deception are particularly appalling.”

Mr Hadgkiss said site managers should demand to see, and inspect, the original of a person’s Right of Entry permit before allowing them on site.

FWBC has a list on its website of union officials who have previously held a permit but it has not been renewed, or who have a history of trying to enter building sites without a permit.

The maximum penalties available to the court in this case are $10,200 for an individual and $51,000 for a corporation, including a union.

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