Teys Australia Beenleigh Pty Ltd v Australasian Meat Industry Employees' Union [2024] FCA 259

Federal Court of Australia

Teys Australia Beenleigh Pty Ltd v Australasian Meat Industry Employees' Union [2024] FCA 259 Appeal from: Australasian Meat Industry Employees' Union v Teys Australia Beenleigh Pty Ltd [2022] FedCFamC2G 782 Australasian Meat Industry Employees' Union v Teys Australia Beenleigh Pty Ltd (No 2) [2022] FedCFamC2G 933

File number: QUD 461 of 2022

Judgment of: LOGAN J

Date of judgment: 12 March 2024

Catchwords: INDUSTRIAL LAW – where the appellant appeals against a decision of the Federal Circuit and Family Court of Australia (Division 2) concerning contravention of both s 501 and s 502 of the Fair Work Act 2009 (Cth) (the Act) – where, on 17 August 2021, the State secretary of the respondent attempted to exercise a right of entry pursuant to s 484 of the Act to the appellant's meatworks facility – where the appellant refused to allow the respondent's representative to access the facility with their mobile telephone – whether the restriction on access to the premises was reasonable – whether the restriction on access was grounded in common law rights of an occupier of property – whether and to what extent the Act regulates the common law rights of an occupier of property – appeal dismissed INDUSTRIAL LAW – where the appellant was found to have contravened both s 501 and s 502 of the Act – where the primary judge considered aggravating and mitigating factors in determining the appropriate penalty – where the appellant's policy appeared, on the evidence, to only affect union representatives – where the appellant had previously been involved in a controversy with the respondent concerning the right of entry and bringing paper materials on to the property – where the maximum penalty was $66,600 – where the primary judge imposed a penalty of $30,000 – where level of penalty not shown to be manifestly excessive –appeal dismissed