The CFMEU's West Australian branch is seeking a federal right of entry permit for a former gang member. 

Edmond "Monty" Margjini, a former member of the notorious street gang Sword Boys, a former cage fighter and organiser for the CFMEU, has multiple assault convictions.

The CFMEU is attempting to push the limits of the Fair Work Act’s “fit and proper” person test to get him access to work sites, despite his multiple assault convictions.

Zach Smith, CFMEU construction division secretary, has defended the union's decision, emphasising the importance of second chances and the right to rehabilitation. 

“Cancelling someone for life because of their past is not only morally wrong but undermines the fundamental principles of our justice system,” he said

Margjini, who has been photographed with senior union officials and the new premier, Roger Cook, has a controversial history. He has faced charges of assault, property destruction, threats, and drug possession. 

However, he was acquitted of several charges, including those related to threatening to slit the throats of former business partners and drug possession.

The Australian Building and Construction Commission, which previously had the power to intervene in such cases, no longer exists. 

The Fair Work Ombudsman, which now regulates the industry, does not have the same authority to address these situations.

The Fair Work Commission will ultimately decide Margjini's application.

The case has drawn attention to the need for stricter scrutiny of individuals applying for entry permits, particularly in light of the ABCC's abolition and the subsequent lack of intervention from the Fair Work Ombudsman. 

Critics argue that the Ombudsman does not possess the necessary powers and resources to address the unique problems in the construction industry.

Master Builders Australia expressed concern about the implications of Margjini's case, calling it a “worrying sign” for the future of construction sites and workplaces in general. 

The CFMEU remains steadfast in its support for Margjini, disregarding criticism from industry bodies. Zach Smith dismissed the now-defunct ABCC as a “discredited union-bashing squad” and refused to take guidance from it.

FWC Deputy President Melanie Binet is responsible for determining Margjini's permit application and has already held a private conference with the involved parties. 

More details are accessible here.