Australian Building and Construction Commissioner v Powell [2017] FCAFC 89

Australian Building and Construction Commissioner v Powell [2017] FCAFC 89

Ss 58(1)(f) and 70 of the Occupational Health and Safety Act 2004 (Vic) together confer a right to enter premises on a person assisting a health and safety representative, which constitutes a State or Territory OHS right within the meaning of s 494 of the Fair Work Act 2009 (Cth), requiring the official to hold a permit.

Jurisdiction
Australia
Judgment Date
02 June 2017
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal allowed; orders set aside; matter remitted for further hearing.
Legal Topics
['right of Entry' 'workplace Health and Safety' 'statutory Construction']
['industrial Law' 'employment Law'] ['right of Entry' 'workplace Health and Safety' 'statutory Construction']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 ['Whether ss 58(1)(f) and 70 of the Occupational Health and Safety Act 2004 (Vic) confer a right to enter premises within the meaning of s 494 of the Fair Work Act 2009 (Cth)' 'Whether Mr Powell as an official exercised a State or Territory OHS right under the Fair Work Act without a permit']

Ratio Decidendi

Ss 58(1)(f) and 70 of the Occupational Health and Safety Act 2004 (Vic) together confer a right to enter premises on a person assisting a health and safety representative, which constitutes a State or Territory OHS right within the meaning of s 494 of the Fair Work Act 2009 (Cth), requiring the official to hold a permit.

Court Disposition

Appeal allowed; orders set aside; matter remitted for further hearing.

Orders

  • ['The appeal be allowed.' 'The order of the Court made on 3 November 2016 dismissing the proceedings be set aside.' 'The proceeding be remitted to the primary judge for further hearing in accordance with these reasons.']