Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Green Light Contractors Pty Ltd [2023] FCA 536

Federal Court of Australia

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Green Light Contractors Pty Ltd [2023] FCA 536 File number: NSD 437 of 2023

Judgment of: PERRAM J

Date of judgment: 25 May 2023

Catchwords: INDUSTRIAL LAW – application for interlocutory injunction restraining Respondent from refusing entry to union organisers – where union organisers hold right of entry permits under Fair Work Act 2009 (Cth) – where Respondent refused entry on basis that union does not have coverage over employees under union's registered rules

Legislation: Fair Work Act 2009 (Cth) ss 484, 545(1), 545(2)(a) Federal Court of Australia Act 1976 (Cth) s 23

Cases cited: Comet Radiovision Services Ltd v Farnell-Tandberg Ltd (1971) LR 7 RP 168; 3 All ER 231 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v CPB Contractors Pty Ltd [2020] FCA 1598 Kirby v JKC Australia LNG Pty Ltd [2015] FCA 1070; 253 IR 382 Kirby v JKC Australia LNG Pty Ltd (No 2) [2015] FCA 1113

Division: Fair Work Division

Registry: New South Wales

National Practice Area: Employment and Industrial Relations

Number of paragraphs: 26

Date of hearing: 24 May 2023

Counsel for the Applicants: Mr O Fagir

Solicitor for the Applicants: Hall Payne Lawyers

Counsel for the Respondent: Mr M Baroni

Solicitor for the Respondent: Gilbert + Tobin

ORDERS NSD 437 of 2023

BETWEEN: COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA First Applicant