The Australian Building and Construction Commission (ABCC) reports that on 29 September 2009, the Australian Industrial Relations Commission (AIRC) placed a four-month suspension on CFMEU organiser Michael Lane's federal right of entry permit.

The order will not take effect unless Mr Lane is found to have abused his entry rights during the next 12 months.

The AIRC found that Mr Lane had abused his rights as a permit holder when he entered a NSW building site on 19 April 2007 and 16 May 2007. Although he had sent entry notices stating that he would enter for the purpose of holding discussions with employees during breaks, it was held that he intended to do things beyond this lawful purpose. The unauthorised activities included accessing documents and personnel records, and undertaking a 'safety walk'.

The ABCC said this case highlights that permit holders must abide strictly by the right of entry rules. When entering a site for workplace relations reasons, permit holders must confine their activities to the purpose stated in their entry notice. Site managers should be rigorous in managing entry to their site. They must ensure lawful entry is not obstructed and that unlawful attempts to enter a site are controlled.

8 October, 2009