On 17 November, the High Court refused to grant special leave to CFMEU official Michael Powell and the Victorian WorkCover Authority to appeal against a Full Federal Court decision. The case related to union officials exercising right of entry under state or territory OHS laws.

The High Court’s ruling last month means that under Australian law, union officials are required to hold a valid federal right of entry permit even when invited onto a site to assist a health and safety representative under a state or territory OHS law.

Mr Powell and the Victorian WorkCover Authority were ordered to pay the ABCC’s costs of defending the special leave applications.

Building industry participants can view further information on the rights and responsibilities of union officials exercising right of entry for OHS purposes on the ABCC website.