BGC Contracting Pty Ltd v The Construction Forestry Mining & Energy Union of Workers [2004] FCA 981

FEDERAL COURT OF AUSTRALIA

BGC Contracting Pty Ltd v The Construction Forestry Mining &

Energy Union of Workers [2004] FCA 981

INDUSTRIAL LAW – registered organisations – Australian Workplace Agreements – rights of entry – inconsistency between Federal and State laws – rights of entry under State Act by State-registered organisations – narrower rights of entry under Federal Act by Federal-registered organisations and Employment Advocate – employees parties to Australian Workplace Agreements under Federal Act – whether rights of entry under State Act available for discussions with such employees – whether right of entry under State Act available for investigation of breaches of State law in relation to such employees – whether inconsistency between rights of entry under Federal and State Acts – no inconsistency – application for declaratory and injunctive relief dismissed

CONSTITUTIONAL LAW – inconsistency – industrial statutes – Federal and State Acts – rights of entry onto premises by representatives of registered organisations – direct and indirect inconsistency – covering the field test – no inconsistency – application dismissed

Industrial Relations Act 1979 (WA) s 49G, s 49H, s 49I, s 49J, s 49L

Workplace Relations Act 1996 (Cth) s 3, s 4, s 170VF, s 170 VA, s 170VJ(1), s 170VN(3), s 170VQ(1) and (4), s 170 VR, s 170VT, s 83BG, s 83BH, s 285A(1), s 285B, s 285C, s 285E

Judiciary Act 1903 (Cth) s 39B(1A)

BGC Contracting Pty Ltd v The Construction Forestry Mining & Energy Union of Workers [2004] FCA 272 cited

BGC Contracting Pty Ltd v The Construction Forestry Mining & Energy Union of Workers

[2004] FCA 417 cited

BGC Contracting Pty Ltd v The Construction Forestry Mining & Energy Union of Workers [2004] FCA 569 cited

Telstra Corporation Ltd v Worthing (1999) 197 CLR 61 cited

Clyde Engineering Co Ltd v Cowburn (1926) 37 CLR 466 cited