RIGHT OF ENTRY – suspension of permit – s.510 Fair Work Act 2009 – matter commenced on Commission’s own initiative – whether Commission should revoke or suspend Mr Kirner’s entry permit pursuant – two decisions of Federal Court found Mr Kirner contravened s.500 of the FW Act – appeal by Mr Kirner and CFMEU dismissed by Full Court of the Federal Court – CFMEU submit that any further action against Mr Kirner would be unreasonable or harsh – Commission gave limited weight to the fact that the suspension would have an effect on the ability of CFMEU to represent members – Commission did not accept that the contravention was of a very low level – accepted that factors weighed in Mr Kirner’s favour: the matter occurred 4 years ago; considerable period of good behaviour; legitimate reasons for wanting to be on site; and further training on right of entry – Commission suspended Mr Kirner’s entry permit for a period of three months. Fair Work Commission v Kirner
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