Construction, Forestry, Mining and Energy Union (New South Wales Branch) v Acciona Infrastructure Australia Pty Ltd and Ferrovial Agroman (Australia) Pty Ltd t/as the Pacifico Acciona Ferrovial Joint Venture [2017] NSWIRComm 1000

Industrial Relations Commission New South Wales Medium Neutral Citation: Construction, Forestry, Mining and Energy Union (New South Wales Branch) v Acciona Infrastructure Australia Pty Ltd and Ferrovial Agroman (Australia) Pty Ltd t/as the Pacifico Acciona Ferrovial Joint Venture [2017] NSWIRComm 1000 Hearing dates: 9 & 26 September, 17 & 21 November 2016 Date of orders: 17 January 2017 Decision date: 17 January 2017 Jurisdiction: Industrial Relations Commission Before: Murphy C Decision: The application by the CFMEU for orders and a determination is granted in part Catchwords: RIGHT OF ENTRY DISPUTE – major road construction project – CFMEU in competition with AWU for members and representative rights – bullying and harassment of workers by employee of Pacifico – negative impact on workers mental health – hassling workers about joining the CFMEU – bullying, threatening and standing over workers – making workers nervous and uncomfortable being at work – implications for workers if they joined the CFMEU – workers would lose their bonus – suspected contravention of the WHS Act – failure to ensure the mental health of workers – bullying and harassment policy – workers presented as being extremely stressed and anxious – right of entry under section 117 of WHS Act for the purpose of inquiring into a suspected contravention – right to inspect documents – requirement to give notice under section 120 – requirement to allow the person conducting the business or undertaking to conduct its own investigation first – application granted in part Legislation Cited: Fair Work Act 2009 (Cth) Work Health and Safety Act 2011 Crimes Act 1990 Work Health and Safety Regulation 2011 Cases Cited: George v Rockett (1990) 170 CLR 104 R v Rondo [2001] NSWCCA 540 Streat v Bauer; Streat v Blanco (unreported, Supreme Court, NSW, Smart J, Nos 13686, 13687 of 1996, 16 March 1998) Category: Principal judgment Parties: Construction, Forestry, Mining and Energy Union (New South Wales Branch) (Applicant)