08 October 2014CFMEU Organiser allegedly failed to disclose criminal past

FWBC has lodged an application before the Fair Work Commission seeking the revocation of a CFMEU organiser’s right of entry permit on the grounds that he failed to disclose his criminal history at the time his permit was issued.

FWBC alleges that in 2003 Mr Luke Collier was convicted of recklessly causing injury and criminal damage. He had a Community Based Order imposed upon him by the Heidelberg Magistrates’ Court, Victoria.

It is alleged that in 2005 Mr Collier was found to have failed to comply with the Community Based Order.

FWBC further alleges that in 2007 Mr Collier was convicted of theft and going equipped to steal in the Heidelberg Magistrates’ Court.

FWBC claims Mr Collier, a CFMEU Organiser, made false declarations when he applied for a right of entry permit in 2013.

In the application lodged on his behalf by the CFMEU, Mr Collier declared that he had never been convicted of an offence involving entry onto premises, fraud or dishonesty, or intentional use of violence against another person or intentional damage or destruction of property.

FWBC contends as a result of his criminal convictions and his failure to disclose them, Mr Collier could not be deemed a fit and proper person under the Fair Work Act.

FWBC Director Nigel Hadgkiss said it was important that permit holders meet the fit and proper test.

“FWBC has resorted to taking this action at it is of great concern to me that someone in a position of authority made an alleged false declaration regarding their criminal background, especially considering the nature of Mr Collier’s convictions.

“Moreover, FWBC contends Mr Collier’s failure to comply with a Community Based Order in relation to his 2003 conviction demonstrates a disregard for authority.” 

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