Union Right of Entry

Landmark case confirms need for union officials to have valid Right of Entry permit: Australian Building and Construction Commissioner v Powell [2017] FCAFC 89 (2 June 2017)

A landmark decision in Australian Building and Construction Commissioner v Powell [2017] FCAFC 89 has appealed the earlier decision of Director of the Fair Work Building Industry Inspectorate v Powell [2016] FCA 1287, making it unlawful for a union official to enter a premise without a right of entry issued pursuant to the Fair Work Act 2009. This overruled the earlier decision which allowed a loophole, whereby a union official could enter a premise to assist a health and safety representative under OHS laws, without the need for a valid permit.

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