The Australian Industrial Relations Commission yesterday ordered the CFMEU to give a written direction to McDonald that he must not purport to rely on any right of entry under the Workplace Relations Act 1996 in order to facilitate access to construction sites. The AIRC said the order came as a result of the settlement of a case brought to the AIRC by the ABCC. The ABCC application identified several incidents at Perth building sites where it alleged right of entry procedures had been abused by McDonald and his colleagues. The AIRC said McDonald did not hold a right of entry permit under the act, and ordered the CFMEU not to apply for a new permit for McDonald for a period of two years. “The ABCC was concerned for some time that right of entry obligations were not being properly observed by the CFMEU in Western Australia,” said ABCC commissioner John Lloyd. “This was the reason behind the commencement of the proceeding. The consent order underlines the importance of the obligations attached to a right of entry permit being strictly observed. “The order should ensure that affairs on Perth building sites are conducted in a lawful manner.” The ABCC imposed the following general restrictions on the building site entry permits, and specific restrictions on the permits of McDonald and fellow CFMEU WA branch members Michael Buchan, Walter Molina and Doug Heath:The permit holder is not permitted to enter or remain on construction sites in the company of, or in concert with, McDonald except where McDonald has been invited in advance by an owner;
The permit held by Michael Buchan to be suspended for three months. A further two-month suspension to apply to a permit held by Buchan if he breaches any provision of Part 15 of the WR Act during the next 12 months;
The permit held by Walter Molina to be suspended for two months. A further one-month suspension to apply to a permit held by Molina if he breaches any provision of Part 15 of the WR Act during the next 12 months; and
The CFMEU will not apply to the Registrar for the issue of a permit to Doug Heath for a period of two months. Heath’s consent to the order does not constitute any admission that he abused any right conferred by Part 15 of the WR Act.
The ABCC says Buchan and Molina are CFMEU WA organisers, while Heath was a CFMEU WA organiser at the time of the alleged incidents.Former union official Darren Kavanagh yesterday conceded defeat to Reynolds in the ballot for head of the WA branch of the CFMEU. According to ABC News, Kavanagh conceded defeat with 80% of the votes counted, saying he was too far behind to unseat Reynolds. The ABC said Kavanagh was sacked by Reynolds earlier this year, after announcing his intention to run against him.
