The Fair Work Commission has suspended the right of entry permit of CFMMEU official Beau Seiffert for three months and banned the issue of any further entry permit to Mr Seiffert for the same period.
In the Toowoomba Second Range Crossing case, Mr Seiffert was found to have contravened
s 500 of the Fair Work Act on 30 April 2018 and 1 May 2018 by refusing a request of the occupier to produce his federal entry permit for inspection and then failing to comply with repeated requests to leave the site.
The Federal Court penalised Mr Seiffert $8,000 for his two contraventions of the Fair Work Act. Total penalties imposed on the CFMMEU and its officials were $121,000 for 36 contraventions of right of entry laws.
Following the conclusion of the Federal Court’s civil penalty process in that matter, the Fair Work Commission considered Mr Seiffert’s entitlement to hold a right of entry permit.
ABCC Commissioner Stephen McBurney intervened in the Fair Work Commission submitting that Mr Seiffert’s federal right of entry permit should be suspended for three months.
Deputy President Gostencnik accepted the Commissioner’s submission, described Mr Seiffert’s contravention in the Toowoomba Second Range Crossing case as serious and said:
“It is relevant also that [the Court] found that both the CFMMEU and relevantly Mr
Seiffert knew that they were risking contravening s 500 of the Act but decided to engage in that conduct regardless of the risk.”
“… as His Honour noted, the CFMMEU and Mr Seiffert can be described as having “taken the odds”. And as the Commissioner points out, correctly in my view… if a person “takes the odds”, the person must expect serious consequences if they miscalculate.”
Deputy President Gostencnik went on to say:
“… there is nothing … which would suggest that Mr Seiffert has learned to take a more risk averse approach to disputes about entry rights. Mr Seiffert produced no statement nor gave evidence in this proceeding.”
ABCC Commissioner Stephen McBurney said in relation to Mr Seiffert’s suspension:
“It is important that when permit holders break the law, we use our regulatory powers to hold them to account. This includes intervening in Fair Work Commission applications when necessary.
“The Federal Court, High Court and now the Fair Work Commission have rejected the unlawful pretext advanced by the CFMMEU and its officials for unlawful entries which arose on multiple building and construction sites in Queensland.
“The ABCC represents the last line of defence for occupiers who are victims of deliberate and repeated incursions onto site.
“Mr Seiffert and the CFMMEU rolled the dice and lost out on an adventurous miscalculation of their right to enter site. There is a price to be paid for breaking the law, and that has been assessed at $121,000 and subsequently a permit suspension.
“Mr Seiffert is not allowed to exercise right of entry under the Fair Work Act on any building site for three months. If he attempts to do so site occupiers are advised to immediately contact the ABCC.”
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.
