The Full Court of the Federal Court has unanimously dismissed an appeal by former NSW assistant state secretary Rebel Hanlon relating to a 2014 right of entry contravention in Sydney’s north-west. The Full Court dismissed Mr Hanlon’s appeal immediately following the hearing.
On 23 April 2021 the then Federal Circuit Court found Mr Hanlon and former State Secretary Brian Parker unlawfully entered the $65 million Ponds School project site in August 2014.
Both Mr Parker and Mr Hanlon were found to have acted in an improper manner in contravention of section 500 of the Fair Work Act 2009.
The Federal Circuit Court found both officials failed to provide the required 24 hours’ notice for entry and refused to show their federal right of entry permits.
The Court in its penalty decision said:
“…[Mr Hanlon’s] conduct was an abuse of his limited statutory right of entry. That right of entry serves an important function in the protection of workers’ rights and working conditions and its misuse runs the risk of bringing it into disrepute and to lessening its support in the community.
“Mr Hanlon has not expressed any remorse or contrition and he vigorously defended this proceeding.”
On 23 November 2021 the Full Federal Court dismissed Mr Hanlon’s appeal and the matter is now finalised.
