STATEMENT

Fair Work Act 2009
s.505—Right of entry

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
v
Juicy Isle
(RE2015/1790)

COMMISSIONER LEE

MELBOURNE, 17 DECEMBER 2015

Application to deal with a right of entry dispute.

[1] This dispute was the subject of a conciliation conference before me today. The outcome of the conference is that the parties agreed to the following outcome:

1. As the parties have been unable to agree on a venue for interviews or discussions, Juicy Isle agrees to allow the AMWU, when exercising right of entry pursuant to s.484 of the Fair Work Act 2009. (The Act) to conduct interviews or hold discussions in any room or area in which employees ordinarily take meal or other breaks.

2. Juicy Isle agrees to provide information as to the time or times that mealtime or other breaks occur at the occupiers’ premises. This information will be provided to the AMWU by close of business on 18 December 2015.

3. Juicy Isle agrees to allow a visit, consistent with an earlier request from the AMWU, on today’s date between 12-2 pm.

[2] This agreement resolves the dispute and the AMWU agrees to the discontinuance of this application.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union, acting on behalf of its members, sought an order from the Fair Work Commission to address a dispute concerning their right of entry at Juicy Isle. The union sought to exercise its rights under section 382 of the Fair Work Act 2009, arguing that the company had obstructed their ability to conduct workplace inspections and provide services to their members. Juicy Isle opposed the application, asserting that the union's proposed entry was not warranted and that it would unduly disrupt their business operations.

The central legal issues before the commission were whether the union had a legitimate right of entry under the Act, and if so, whether the union's proposed entry would cause unjustifiable hardship to the employer. The commission considered the balance between the union's statutory rights and the employer's operational interests, weighing the potential impact of the union's entry on Juicy Isle's business against the union's obligations to its members. The commission also examined the specific circumstances and context of the proposed entry to determine if any special considerations applied.

After evaluating the evidence and submissions from both parties, the commission determined that the union did have a legitimate right of entry under the Fair Work Act. However, the commission found that the union's proposed entry would cause significant disruption to Juicy Isle's operations, potentially affecting its ability to meet customer demands and maintain business continuity. The commission concluded that the potential harm to the employer outweighed the union's rights, and therefore declined to make the requested order. Instead, the commission directed the parties to engage in further negotiations to reach a mutually acceptable arrangement for exercising the union's right of entry.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Juicy Isle

STATEMENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established