BGC POS Pty Ltd v Construction, Forestry, Maritime, Mining & Energy Union [2019] FCA 74

BGC POS Pty Ltd v Construction, Forestry, Maritime, Mining & Energy Union [2019] FCA 74

The delay of approximately 20 minutes caused by Mr Carlton's failure to engage or propose an alternative room after the meeting room was objectively determined unsuitable, constituted an appreciable and intentional hindrance or obstruction under s 502 of the Fair Work Act. The inability to agree was objectively established, activating the default right to use the crib room. No error was demonstrated in the primary judge's findings or interpretation of the relevant statutory provisions.

Parties
First Appellant: BGC POS Pty Ltd; Second Appellant: Brian Carlton; Respondent: Construction, Forestry, Maritime, Mining & Energy Union
Jurisdiction
Australia
Judgment Date
08 February 2019
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Union Rights of Entry, Hindrance or Obstruction Under Fair Work Act, Interpretation of S 492 and S 502
Industrial Law Employment Law Union Rights of Entry Hindrance or Obstruction Under Fair Work Act Interpretation of S 492 and S 502

Case Brief

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Parties

BGC POS Pty Ltd

First Appellant

Brian Carlton

Second Appellant

Construction, Forestry, Maritime, Mining & Energy Union

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the conduct of BGC POS and Mr Carlton contravened s 502 of the Fair Work Act 2009 (Cth) by intentionally hindering or obstructing union officials in exercising rights under Part 3-4
  2. 2 Whether the parties 'cannot agree' as required by s 492(2) for permit holders to use default room
  3. 3 Meaning and requirements of 'intentionally hinder or obstruct' under s 502

Ratio Decidendi

The delay of approximately 20 minutes caused by Mr Carlton's failure to engage or propose an alternative room after the meeting room was objectively determined unsuitable, constituted an appreciable and intentional hindrance or obstruction under s 502 of the Fair Work Act. The inability to agree was objectively established, activating the default right to use the crib room. No error was demonstrated in the primary judge's findings or interpretation of the relevant statutory provisions.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.