06 August 2015 Industry Update
Three CFMEU officials’ permit applications refused
The Fair Work Commission (FWC) has recently refused to grant CFMEU officials Timothy Jarvis, Andrew TeMoho and Michael Myles, Federal Right of Entry permits.
Deputy President Gostencnik refused Mr Jarvis and Mr TeMoho’s applications, deciding that neither man was a “fit and proper person to hold an entry permit”.
In his decision, Deputy President Gostencnik listed multiple cases where the courts had fined Mr Jarvis, Mr TeMoho and the CFMEU a total of more than $850,000 as a result of their unlawful conduct at various sites. The cases related to unlawful industrial action and coercion.
“There is no evidence from Jarvis that he will not engage in similar action in pursuit of, for example, industry-wide campaigns advocated by his employer, the CFMEU,” Deputy President Gostencnik said. “Apart from recently undertaking right of entry training, no other evidence is offered that the CFMEU as the employer of Jarvis, has taken any step to counsel, advise, discipline or train Jarvis about his conduct which led to the imposition of penalties on him and upon the CFMEU.”
In relation to Mr TeMoho, Deputy President Gostencnik noted the court had found his conduct “was planned and deliberate” and that “There is no indication from TeMoho of any contrition or remorse or any indication that he will not engage in action of the kind that led to the imposition of the penalties…” “There is no indication that he has learned his lesson and will not engage in similar conduct again.”
In a separate decision which refused CFMEU official Michael Myles’ application for a new permit, Vice President Watson said Mr Myles has “disrespect and disregard for the rights of occupiers of building sites and the legislative scheme regarding right of entry”. “I do not consider that Mr Myles is a fit and proper person to hold a right of entry permit”,” he said.
The evidence put before Vice President Watson included that Mr Myles is or has been a respondent in eight court cases.
Vice President Watson said it appeared that Mr Myles’ preference was to “operate in a manner that gives him unfettered access and occupiers little choice but to accept his access or to have him physically removed…His unions appear to sanction this approach. On the evidence before me I fully expect this behaviour to continue.”
While it is up to the Fair Work Commission to grant or refuse Federal Right of Entry permits, Fair Work Building & Construction can make submissions in relation to specific applications.
FWBC is very active in making submissions where it believes someone is not a fit and proper person to hold a permit. FWBC Director Nigel Hadgkiss said this was an important way his agency could help promote productive and harmonious building and construction sites.
NO PERMIT LIST
FWBC has a ‘No Permit List’, on its website, which is an important tool for site managers. The No Permit List is a list of people who do not hold a valid federal right of entry permit. Some of them have a history of attempting to enter building sites without valid permits. There are currently 29 people on FWBC’s No Permit List. 27 of them are CFMEU officials.
If someone on the No Permit List enters your worksite, you should call the police and report the matter to FWBC.