John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union (New South Wales Branch) [2009] FCA 645

FEDERAL COURT OF AUSTRALIA

John Holland Pty Ltd vConstruction, Forestry, Mining and Energy Union (New South Wales Branch) [2009] FCA 645

INDUSTRIAL LAW - right of entry under industrial law and under occupational health and safety law – whether state occupational health and safety law conferring a right of entry invalid because of federal occupational health and safety law – whether there was contravention of federal industrial law – exercise of judicial discretion to grant declarations – trespass.

WORDS AND PHRASES – "authorised representative", "officer", "office"

Commonwealth Constitution Building and Construction Industry Improvement Act 2005 (Cth) Judiciary Act 1903 (Cth) s39B Industrial Relations Act 1996 (NSW), Part 7, ss 296, 299 Industrial Relations (General) Regulation 2001 (NSW) Occupational Health and Safety Act 2000 (NSW), ss 76, 85 Occupational Health and Safety Act 1991 (Cth) Workplace Relations Act 1996 (Cth), ss 758, 767

Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Australian Securities and Investments Commission v HLP Financial Planning (Aust) Pty Ltd (2007) 164 FCR 487 Australian Securities and Investments Commission v Warrenmang Ltd [2007] FCA 973 Bass v Permanent Trustee Co Ltd (1999) 198 CLR 334 Coco v The Queen (1994) 179 CLR 427 IMF (Aust) Ltd v Sons of Gwalia Ltd (2004) 211 ALR 231 Landeryou v Taylor (1969) 15 FLR 147

JOHN HOLLAND PTY LTD ACN 004 282 268 AND JOHN HOLLAND GROUP PTY LTD ACN 050 242 147 v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION (NEW SOUTH WALES BRANCH), PETER PRIMMER and SCOTT WILCOX. NSD 1986 OF 2007

MOORE J

19 june 2009

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1986 OF 2007

BETWEEN: JOHN HOLLAND PTY LTD ACN 004 282 268

First Applicant

JOHN HOLLAND GROUP PTY LTD ACN 050 242 147