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

FEDERAL COURT OF AUSTRALIA

Australian Building and Construction Commissioner v Powell [2017] FCAFC 89 Appeal from: Director of the Fair Work Building Industry Inspectorate v Powell [2016] FCA 1287

File number: VID 1361 of 2016

Judges: ALLSOP CJ, WHITE AND O'CALLAGHAN JJ

Date of judgment: 2 June 2017

Catchwords: INDUSTRIAL LAW – right of entry – entry by official of organisation to workplace after request to assist by health and safety representative under s 58(1)(f) of the Occupational Health and Safety Act 2004 (Vic) – obligation on employer to allow assistant entry under s 70 of the Occupational Health and Safety Act 2004 (Vic) – whether assistant exercised "State or Territory OHS right" within meaning of s 494 of the Fair Work Act 2009 (Cth)

Legislation: Fair Work Act 2009 (Cth) Pt 3-4, ss 6, 478, 480, 481, 483A, 484, 486, 487, 489, 490, 491, 494, 495, 496, 497, 498, 499, 512, 513, 514 Workplace Relations Act 1996 (Cth) (repealed) Pt 15 Fair Work Regulations 2009 (Cth) reg 3.25 Industrial Relations Act 1979 (WA) Pt II Div 2G, ss 49H, 49I Interpretation of Legislation Act 1984 (Vic) s 36 Occupational Health and Safety Act 1985 (Vic) (repealed) Pt IV, ss 30, 31, 32 Occupational Health and Safety Act 1989 (ACT) (repealed) Pt 5 Div 5.4, s 77 Occupational Health and Safety Act 2000 (NSW) (repealed) Pt 5 Div 3, s 77 Occupational Health and Safety Act 2004 (Vic), Pt 7, Pt 8, ss 54, 55, 56, 57, 58, 70, 87 Workplace Health and Safety Act 1995 (Qld) (repealed) ss 90I, 90J Workplace Health and Safety Act 2007 (NT) (repealed) Pt 4 Div 7, s 53