The Federal Court has rejected CFMEU argument that the Fair Work Act's explanatory memorandum compels a finding that union officials are entitled to exercise their entry rights to hold discussions with members and potential members before their shifts begin.
Twenty-year jail terms for industrial manslaughter and the newly-created role of WHS Prosecutor are among legislative changes contained in a bill introduced to Queensland Parliament yesterday.
The High Court has refused to grant BHP Coal special leave to appeal a finding that allowed the CFMEU to hold discussions in the crib room of a dragline at its Caval Ridge coal mine.
An AMWU organiser penalised this year for his role in a strike over alleged safety issues looks set to win a new entry permit, on the condition that he undergo training on the interaction of IR and OHS statutes and when it is lawful to stop work.
The ABCC says it is "carefully reviewing" a Federal Court finding that two CFMEU officials who flagrantly disregarded requests to show their entry permits did not breach the Fair Work Act's restrictions on entry to worksites because they were not seeking to exercise their lawful rights.
The ABCC is likely to routinely pursue unions for "knowing involvement" when entry breaches are established against their officials, after a court ruling this week.
An employer who refused requests by police and an OHS inspector to allow two CFMEU officials onto her building site to investigate a Facebook-notified safety issue has avoided an $18,500 penalty because the union's notice of entry did not include the officials' middle names.
Deputy President Val Gostencnik has published the reasons behind his recent decision to overlook a "general rule" applied to the granting of entry permits, maintaining that it "bears all the hallmarks of arbitrariness" and has no regard to the individual circumstances and experience of applicants.
A senior FWC member has taken aim at the process involved in issuing entry permits, describing a perceived requirement that applications need to be made within three months of training about rights and responsibilities as a "misapplication" of the Commission's powers.