The Fair Work Commission has suspended Queensland CFMMEU official Andrew Blakeley’s federal entry permit for three months. The suspension is effective from 8 June 2022.
The Fair Work Commission made its determination following the Federal Circuit and Family Court’s judgment on 3 February 2022, which found Mr Blakeley had contravened right of entry laws in November 2020 during construction of the Queensland Performing Arts Complex (QPAC).
At the time, the Federal Circuit and Family Court imposed a near maximum penalty of $119,880 against the CFMMEU for its two contraventions of the Fair Work Act. Mr Blakeley was penalised $7,992 and CFMMEU State Secretary Michael Ravbar $10,656.
The Court found Mr Blakeley contravened section 500 of the Fair Work Act 2009 when he:
· entered the site without giving 24 hours written notice
· entered and remained on the site in circumstances where he had no lawful basis to do so
· failed to comply with the site’s occupational health and safety requirements that prohibited unauthorised access and required visitors to report to the site office
· attended a meeting which was not authorised to be held on site
· entered and remained on the site in direct contradiction of the occupier’s request to conduct the meeting off-site; and
· facilitated the entry of 10 to 12 people onto the site in circumstances where those people were not authorised to be on the site.
Following the Court’s decision, the Fair Work Commission considered whether Mr Blakeley’s entry permit should be revoked or suspended because of his right of entry contravention.
ABCC Commissioner Stephen McBurney intervened in the Fair Work Commission’s proceedings submitting that Mr Blakeley’s federal right of entry permit should be suspended.
In considering whether Mr Blakeley’s entry permit should be suspended Deputy President Gostencnik observed:
“As the Court found, Mr Blakeley’s actions were brazen and pointless and the conduct
in which he engaged was a brazen disregard of binding provisions of the Act.
Mr Blakeley’s contravening conduct was serious as is reflected in both the findings of
the Court and the level of pecuniary penalty imposed. I therefore do not accept that his
contravening conduct was of a low objective seriousness. The seriousness of the conduct found by the Court does not suggest that suspension of the entry permit would be harsh or unreasonable.”
Deputy President Gostencnik went on to say:
“There is no evidence of any remorse or regret on the part of Mr Blakeley for engaging in the contravening conduct nor is there any evidence of any action taken by the CFMMEU to discipline or counsel Mr Blakeley in relation to his contravening conduct.”
Mr Blakeley is required to return his entry permit to the Fair Work Commission for the duration of the three-month suspension.
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.
Note:
The Federal Circuit and Family Court decision in the QPAC matter is currently under appeal.
