Browsing: Right of entry


Appeals court upholds key WHS entry judgments

In the latest chapter of a long-running and acrimonious dispute between an employer and a union, an appeals court has rejected the former's renewed claim that the latter is not eligible to enter its premises to investigate suspected WHS contraventions.


WHS concerns rejected, officials unlawfully blocked pour

Two union organisers who intentionally obstructed work over safety concerns - including the location of toilets - were in breach of the Fair Work Act, the Federal Circuit and Family Court has ruled, finding none of their imminent-risk concerns were valid.


Full Court cuts safety-related entry fines by 55%

The fines imposed on a union organiser and his organisation after the official refused to wear safety gear at a site, and "pushed" a manager, have been slashed on appeal, with a full Federal Court finding a regulator "prosecuted a factually confused case".


9 parties fined in latest case on WHS "resolution" clause

In the latest major case on a WHS provision for "resolving" disputes, a union and eight of its officials have been fined for right-of-entry breaches at an incident-strewn infrastructure project.


Key WHS judgments go against police and employer

In one of two important judgments involving a long-running battle between an employer and a union, an appeals court has warned that a trespass finding against four WHS entry permit holders could have encouraged workplaces to deliberately obstruct such officials, hindering the objectives of safety laws.


Court stresses safety value of permit-holder compliance

An entry permit holder's compliance with a site's directions and requests serves its own critical safety function, the Federal Court has stressed in imposing record entry fines on a union and six officials.

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