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

Federal Court of Australia

Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia v Austal Ships Pty Ltd [2022] FCA 1462 File number: WAD 217 of 2021

Judgment of: COLVIN J

Date of judgment: 6 December 2022

Catchwords: INDUSTRIAL LAW - alleged contravention of s 501 and s 502 of the Fair Work Act 2009 (Cth) in refusing entry to a union official on four occasions - where union official sought to exercise a right to entry under s 484 to hold discussions - where union official's purposes for entry included obtaining signatures from members and potential members evidencing support for a majority support determination - whether entry for that purpose is entry for the purpose of holding discussions - whether s 484 creates a right to entry for the purposes of holding discussions even if there are also other purposes of entry - consideration of s 484 of the Fair Work Act - cross-claim dismissed

Legislation: Fair Work Act 2009 (Cth) ss 3, 169, 237, 336, 381, 406, 480, 481, 483A, 484, 500, 501, 502, Chapter 3 Workplace Relations Act 1996 (Cth) ss 760, 767

Cases cited: Australian Building and Construction Commission v Powell [2017] FCAFC 89; (2017) 251 FCR 470 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Parliament Square Case) [2018] FCA 1080 Australian Mines and Metals Association Inc v Construction, Forestry, Maritime, Mining and Energy Union [2018] FCAFC 223; (2018) 268 FCR 128 Certain Lloyd's Underwriters Subscribing to Contract No IH00AAQS v Cross [2012] HCA 56; (2012) 248 CLR 378 Coco v The Queen (1994) 179 CLR 427 Commissioner of Taxation v Consolidated Media Holdings Ltd [2012] HCA 55; (2012) 250 CLR 503 Construction, Forestry, Mining and Energy Union v BHP Billiton Nickel West Pty Ltd [2017] FCA 991 Construction, Forestry, Mining and Energy Union v John Holland Pty Ltd [2010] FCAFC 90; (2010) 186 FCR 88 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 1293 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 1287 Director of the Fair Work Building Industry Inspectorate v McDermott [2016] FCA 1147 Electrolux Home Products Pty Ltd v Australian Workers' Union [2004] HCA 40; (2004) 221 CLR 309 Nominal Defendant v GLG Australia Pty Limited [2006] HCA 11; (2006) 228 CLR 529 Northern Territory v Collins [2008] HCA 49; (2008) 235 CLR 619 R v Secretary of State for the Home Department; Ex parte Simms [2000] 2 AC 115 Saeed v Minister for Immigration and Citizenship [2010] HCA 23; (2010) 241 CLR 252 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; (2017) 262 CLR 362