Australian Meat Industries Employees Union v Thomas Borthwick and Sons (Pacific) Ltd

The Australian Meat Industries Employees Union sought a declaration and injunction against Thomas Borthwick and Sons (Pacific) Ltd, concerning the union official's right to enter the employer's premises to interview employees. The Federal Court was tasked with determining whether the card identifying the union official as authorised was sufficient authority under the award for exercising this right and whether the employer's condition of accompanying the official constituted an imposition on the right of entry. Additionally, the court had to consider whether the right of entry and the employer's intention to accompany the official were mutually exclusive.

The court examined the relevant award provisions and found that the card presented by the union official was indeed an appropriate form of authorisation for the purpose of entering the premises to interview employees. However, the court also held that the employer's intention to accompany the union official during the meeting did not impose an unlawful condition on the exercise of the right of entry. The court concluded that the right of entry and the employer's desire to ensure the meeting was not held were not mutually exclusive, as the employer's presence did not prevent the union official from exercising their right to interview employees.

Based on the findings, the Federal Court dismissed the union's application. The court ruled that the union official's card was sufficient authority for the purpose of entering the employer's premises, and the employer's intention to accompany the official did not constitute an unlawful imposition on the right of entry. Furthermore, the court determined that the right of entry and the employer's intention to ensure the meeting was not held were not mutually exclusive, as the employer's presence did not prevent the union official from exercising their right to interview employees.