News | Does the CFMEU, MUA and Textile Union amalgamation have effect on right of entry permits under the Fair Work Act 2009?

As of late March 2018, the Fair Work Commission (FWC) approved the amalgamation of the Construction, Forestry, Mining and Energy Union (CFMEU), Maritime Union of Australia (MUA), and Textile, Clothing and Footwear Union of Australia (TCFUA). The new organisation is called the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU).

Under the Fair Work Act 2009 (Cth) (FW Act) a union official who holds a Federal valid right of entry permit may exercise a right to enter premises to investigate a suspected contravention of the FW Act. The right of entry also extends where a union official suspects a contravention of an enterprise agreement or Modern Award, which relates to, or affects, a member of the official’s union. A union official may also enter a workplace or site, with a valid permit, to hold discussions with workers during meal and other rest breaks.

With respect to union officials of the newly amalgamated CFMMEU, any permits issued under the FW Act to an official of the CFMEU, MUA or TCFUA will continue to have effect after the amalgamation. This means that even if the permit refers to the former name of any of the three unions that permit will still be valid and subject any permit conditions, including an expiry date.
Any occupier or employer who refuses to grant entry to a valid CFMMEU permit holder on the basis that their entry permit refers to the CFMEU, MUA or TCFUA may be in breach of their obligations under the FW Act.

If you have any questions regarding right of entry please contact Jonathon Hadley on +61 7 3231 1653 or email jonathon.hadley@gadens.com.