Two union officials have had their right of entry permits suspended after the ABCC made submissions to the Fair Work Commission, since the last edition of Industry Update.  The ABCC publishes a no permit list and a list of permits with conditions.

26 October 2017 – CFMEU SA (David Kirner)

The Fair Work Commission has suspended the right of entry permit of David Kirner, SA District Secretary and a national Vice President within the CFMEU.

Mr Kirner had previously been found to have breached right of entry provisions at an Adelaide construction site in late 2013 for which the Court imposed a civil penalty on Mr Kirner and the CFMEU.

The civil penalties arose from two separate judgments in 2015 and 2016 in which the Court found Mr Kirner had acted in an improper manner on an Adelaide site.

Following the conclusion of the court’s civil penalty process, the Fair Work Commission reviewed Mr Kirner’s entitlement to hold a right of entry permit.  The ABCC made submissions to the Commission that a suspension of Mr Kirner’s right of entry permit was appropriate.

In a decision handed down on 26 October 2017, Commissioner Saunders suspended Mr Kirner’s permit for three months and banned the issue of any further entry permit to Mr Kirner for the same period.

18 October 2017 – CFMEU SA (Muhammed Kalem)

The Fair Work Commission has suspended the right of entry permit of CFMEU SA organiser Muhammed Kalem, for a period of three months.

Mr Kalem had previously been ordered to pay a civil penalty on 22 April 2016 after the Federal Court found that he had breached right of entry provisions at the Flinders University site.

The Court found that on 30 October 2013, Mr Kalem failed to provide a notice of entry at the site and remained on site in contravention of the Fair Work Act.

Following the conclusion of the court’s civil penalty process, the ABCC made submissions to the Fair Work Commission that a suspension of Mr Kalem’s right of entry permit was appropriate.

In a decision handed down on 18 October 2017, the Commission suspended Mr Kalem’s permit for three months and banned the issue of any further entry permit to Mr Kalem for the same period.