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High Court Decision - Right of Entry Permits

February 9, 2018

The High Court of Australia has refused the Construction, Forestry, Mining and Energy Union (CFMEU) and Victorian WorkCover Authority to challenge the requirement that registered union officials must hold a valid right of entry permit in accordance with the Fair Work Act 2009 (Cth) in order to enter the site for suspected workplace health and safety breaches . 


Construction union officials are forbidden to access the job site without a federal right-of-entry permit.


The High Court ruled that there is insufficient reason to doubt the correctness of the Fair Work Act and by obtaining an entry permit is reinforced.


The current laws stand in regards to union right of entry:


 All union officials must present a valid entry permit issued in terms of the Fair Work Act 2009 (Cth) to enter work sites for the purposes of Work Health and Safety legislation in all states and territories.


The ABCC site contains the names of officials with permits revoked.

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