Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia v Austal Ships Pty Ltd [2023] FCAFC 180

Federal Court of Australia

Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia v Austal Ships Pty Ltd [2023] FCAFC 180 Appeal from: Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia v Austal Ships Pty Ltd [2022] FCA 1462

File number: WAD 258 of 2022

Judgment of: BROmBERG, RANGIAH AND SNADEN JJ

Date of judgment: 14 November 2023

Catchwords: INDUSTRIAL LAW – appeal from decision of the Federal Court of Australia ("FCA") – right of union official "permit holder" to enter employer's premises for the purpose of holding discussions – refusal of entry – hindrance or obstruction of permit holder exercising rights under pt 3-4 of the Fair Work Act 2009 (Cth) – where permit holder intended to persuade employer's employees to sign petition – whether entry for the purpose of obtaining signatures for petition was entry for the purposes of holding discussions within the meaning of s 484 of the Fair Work Act 2009 (Cth) – where FCA held that entry for the purposes of obtaining signatures was not authorised – appeal allowed

Legislation: Fair Work Act 2009 (Cth) ss 12, 14, 230, 484, 500, 501, 502, 539, 545

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

Division: Fair Work Division

Registry: Western Australia

National Practice Area: Employment and Industrial Relations

Number of paragraphs: 54

Date of hearing: 15 May 2023

Counsel for the Appellant: Mr C Dowling SC with Mr C Tran