Right of Entry permits allow union officials to enter building worksites under certain circumstances. Holding a permit is a privilege and it is important that the rules governing the use of Right of Entry permits are followed by relevant personnel.

A list of current union officials who do not hold a valid federal entry permit as well as those who have had conditions imposed on their permit are available on the ABCC website.

8 March 2017 – Mark Gava – CFMEU South Australia

The Fair Work Commission recently refused an application for CFMEU South Australia official Mark Gava to be issued a right of entry permit.

The ABCC made submissions to the FWC that Mr Gava was not a fit and proper person to hold an entry permit, pointing to his history of Fair Work Act contraventions. This included Mr Gava’s conduct at the Flinders University construction site in 2013, for which he was ordered to pay penalties totalling $3,800 for coercion and right of entry contraventions. 

The FWC also took into account the substantial penalties that have been awarded against the CFMEU and its officials for contraventions of industrial laws in South Australia, which the FWC found was indicative of a “culture of wilful disregard for workplace relations laws” by the CFMEU.

The FWC was not satisfied that Mr Gava was a fit and proper person to hold and entry permit and accordingly refused the application.

The CFMEU filed an appeal against the decision on 22 March 2017.