The Fair Work Commission has refused to renew CFMMEU organiser, Walter Molina's federal entry permit. Mr Molina is a former WA division president of the CFMMEU.
The ABCC Commissioner intervened in the proceeding to argue Mr Molina was not a fit and proper person to hold a Federal entry permit. His permit renewal application was refused on these grounds.
In 2018, the Fair Work Commission imposed conditions on Mr Molina's permit, including that he undertake training approved by the Commission in relation to emotional management.
In refusing Mr Molina's permit application, the Commission noted:
"Mr Molina has had penalties totalling $36,660 imposed on him in relation to 12
contraventions of the FW Act and other industrial laws… He has also had a
previous permit suspended for a period of two months and conditions imposed on his current permit."
In opposing the renewal of Mr Molina's federal entry permit the ABCC pointed to the history of contraventions of the Western Australian division of the CFMMEU and Mr Molina's own contraventions of industrial laws.
In the last five years, the CFMMEU and its officials have had penalties totalling $1,301,480 imposed for contraventions of industrial laws (including penalties for contempt of court) in Western Australia alone.
Mr Molina has previously been penalised $36,660 for contraventions in four matters – the Salini Case,Broad Airport Case, Perth Airport Case, and Mundaring Water Treatment Case.
ABCC Commissioner Stephen McBurney has called on building industry participants to notify the ABCC should Mr Molina attempt to exercise right of entry on any building site.
"Right of entry provisions provide very important rights and protections for all building industry participants and the laws must be respected by them, whether they are a union official, an employer or occupier," Mr McBurney said.
"When permit holders repeatedly break the law, and fail to abide by the important legal obligations enshrined in the Fair Work Act, we will pursue all available legal avenues. We are committed to addressing unlawful conduct, investigating and litigating contraventions, seeking appropriate penalties.
"Ultimately, the most important protection we can offer the building and construction industry is to challenge the issue and renewal of Federal right of entry permits for permit holders who fail the fit and proper person test."
Other WA CFMMEU officials who have had their permits suspended, or no longer hold a permit include Michael Buchan, Bradley Upton and Christy Cain.
A list of union officials who do not hold a valid federal entry permit, or have conditions imposed on their federal entry permit, can be found on the ABCC's website.
Anyone who has questions or issues regarding right of entry can call us on 1800 003 338 for free advice and assistance about their rights and obligations in the workplace. A free interpreter service is available on 13 14 50.
