Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Mining and Energy Union v BHP Billiton Nickel West Pty Ltd [2017] FCA 991 File number: NSD 471 of 2017
Judge: FLICK J
Date of judgment: 24 August 2017
Catchwords: INDUSTRIAL LAW – right of entry – purpose of holding discussions – distinction between when right of entry may be exercised and when discussions may then be held – right of entry may be exercised "during working hours" – discussions may be held only during "mealtimes or other breaks" – meaning of "mealtimes or other breaks" – whether "other breaks" includes time before or after an employee's shift – "other breaks" does not include time before shift commences INDUSTRIAL LAW – right of entry – need to balance rights of occupiers and those exercising right
Legislation: Acts Interpretation Act 1901 (Cth) s 15AB(1)(b) Fair Work Act 2009 (Cth) Pt 3-4, ss 480, 481, 482, 483A, 483B, 484, 487, 490, 501, 507, 512, 515 Federal Court of Australia Act 1976 (Cth) s 48 Explanatory Memorandum, Fair Work Bill 2008 (Cth)
Cases cited: Australasian Meat Industry Employees' Union v Australian Food Corporation Pty Ltd [2001] FCA 1709, (2001) 116 FCR 19 Australasian Meat Industry Employees' Union v Fair Work Australia [2012] FCAFC 85, (2012) 203 FCR 389 Australian Securities and Investments Commission v National Exchange Pty Ltd [2005] FCAFC 226, (2005) 148 FCR 132 Bropho v Western Australia (1990) 171 CLR 1 Central Queensland Services Pty Ltd v Construction, Forestry, Mining and Energy Union [2017] FCAFC 43 CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 Coco v The Queen (1994) 179 CLR 427 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v QR Ltd (No 2) [2010] FCA 652 Director, Fair Work Building Industry Inspectorate v Bolton (No 2) [2016] FCA 817, (2016) 261 IR 452 Independent Education Union of Australia v Australian International Academy of Education Inc [2016] FCA 140 Maritime Union of Australia v Fair Work Commission [2015] FCAFC 56, (2015) 230 FCR 15 Momcilovic v The Queen [2011] HCA 34, (2011) 245 CLR 1 Power Rental Op Co Australia, LLC v Forge Group Power Pty Ltd (in liq) (rec and mgr appointed) [2017] NSWCA 8 Re Bolton; Ex parte Beane (1987) 162 CLR 514
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