Browsing: Right of entry


High Court ends dispute on WHS entry rule

A regulator has warned that union officials must hold valid right-of-entry permits when entering sites under provisions for "resolving" WHS matters, after the High Court blocked an appeal on the issue.


Judges maintain high fine, ban permits in WHS entry case

A full Federal Court has upheld a union's high-range penalty for pressuring WHS inspectors to shut down a site unnecessarily, while the Fair Work Commission has suspended and revoked the entry permits of union officials involved in the incident.


Workplace COVID-safe plan inconsistently applied: FWC

An employer acted unreasonably in citing COVID-19 concerns to block a union official from entering a workplace lunchroom, given it failed to apply its COVID-safety policies consistently and the official didn't pose additional risks, the Fair Work Commission has found.


Unsafe permit holder breached multiple FW provisions

Right-of-entry permit holders who fail to comply with a site's safety rules can be taken to have acted in an "improper manner" in breach of Fair Work laws, the Federal Court has ruled in a case against a CFMMEU organiser who refused to wear safety glasses and overalls.


Full Court confirms entry rules for WHS provision

In an important judgment on the interaction of WHS and industrial laws, a full Federal Court has confirmed union officials cannot bypass right-of-entry requirements by attending a worksite under provisions for resolving work health and safety matters.


WHS hotline and entry rights examined in major case

WHS entry permit holders were entitled to rely on "hearsay information" from a union safety hotline to form the suspicion that WHS contraventions were occurring at a site, a commission has ruled. It also found the union was not required, for entry purposes, to obtain and record the names of hotline complainants.


Manager fined for disregard of WHS entry entitlements

A senior worksite manager allowed his preconceptions of a union to "colour his attitude" when he breached the Fair Work Act, and showed disregard for WHS laws, by ripping up entry notices and telling officials they couldn't investigate serious safety issues until after a site meeting, the Federal Court has found.


Employer fails to block safety visits on COVID grounds

The Fair Work Commission has advised an employer and a union to adopt a "new cooperative approach" to workplace safety concerns during the COVID-19 pandemic, after the former sought orders curtailing the union's entry rights in light of current health restrictions.

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