Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia v Austal Ships Pty Ltd [2022] FCA 1462

Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia v Austal Ships Pty Ltd [2022] FCA 1462

Entry for the purpose of obtaining signatures on a petition to be used to support an application for a majority support determination was not entry for the purposes of holding discussions under s 484 of the Fair Work Act 2009 (Cth). Because s 484 specifies the only purposes for which a permit holder may enter and does not authorise entry for additional extraneous purposes merely because discussions are also intended, Mr Woodage was not entitled to enter on the agreed facts. The Austal Parties therefore did not contravene ss 501 or 502 by refusing entry.

Jurisdiction
Australia
Judgment Date
06 December 2022
Procedural Posture
Cross Claim Alleging Contraventions of Ss 501 and 502 of the Fair Work Act 2009 (cth) / Determination on Agreed Facts of Whether the Fair Work Act 2009 (cth) Was Contravened; Relief Held Over If Required
Outcome
Cross-claim dismissed.
Legal Topics
['fair Work Act Right of Entry' 'union Permit Holder Entry' 'holding Discussions With Employees' 'majority Support Determination Petition' 'refusal of Entry' 'multiple Purposes for Entry']
['industrial Law' 'employment and Industrial Relations'] ['fair Work Act Right of Entry' 'union Permit Holder Entry' 'holding Discussions With Employees' 'majority Support Determination Petition' 'refusal of Entry' 'multiple Purposes for Entry']

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Procedural Posture

Cross Claim Alleging Contraventions of Ss 501 and 502 of the Fair Work Act 2009 (cth) / Determination on Agreed Facts of Whether the Fair Work Act 2009 (cth) Was Contravened; Relief Held Over If Required

Legal Issues

  1. 1 ["Whether a union official's entry for purposes including obtaining signatures on a petition to support an application for a majority support determination was entry for the purposes of holding discussions with employees under s 484 of the Fair Work Act 2009 (Cth)." 'Whether a permit holder has an entitlement or right to enter under s 484 where the entry has multiple purposes, some within holding discussions and another purpose outside that statutory description.' 'Whether the refusal of entry to Mr Woodage contravened ss 501 and 502 of the Fair Work Act 2009 (Cth).']

Ratio Decidendi

Entry for the purpose of obtaining signatures on a petition to be used to support an application for a majority support determination was not entry for the purposes of holding discussions under s 484 of the Fair Work Act 2009 (Cth). Because s 484 specifies the only purposes for which a permit holder may enter and does not authorise entry for additional extraneous purposes merely because discussions are also intended, Mr Woodage was not entitled to enter on the agreed facts. The Austal Parties therefore did not contravene ss 501 or 502 by refusing entry.

Court Disposition

Cross-claim dismissed.

Orders

  • ['The cross-claim is dismissed.']