Construction, Forestry, Maritime, Mining and Energy Union-Construction and General Division, WA Divisional Branch

The applicants, the Construction, Forestry, Maritime, Mining and Energy Union-Construction and General Division, WA Divisional Branch, sought a right of entry permit for Douglas Charles Heath. This permit was necessary to allow him to enter the workplace of the respondent, BHP Billiton Iron Ore Pty Ltd, to inspect and inquire about conditions and matters related to employment. The application was made under section 29 of the Work Health and Safety Act 2011 (Cth). The Federal Circuit and Family Court of Australia was tasked with determining whether the permit should be granted.

The primary legal issue before the court was whether the union representative, Douglas Heath, had a sufficient basis to inspect the workplace as per the requirements of the Work Health and Safety Act 2011. The court had to examine the evidence and arguments presented by both parties to decide if the union's request was justified and aligned with the statutory provisions. Additionally, the court needed to assess whether there were reasonable grounds to believe that there were health and safety issues at the workplace that warranted an inspection.

The court held that the union representative had a legitimate interest in inspecting the workplace and that there were reasonable grounds to believe that there were potential health and safety issues. The court found that the union had provided sufficient evidence to support the request, and therefore, the application for the right of entry permit should be granted. The decision was based on the union's role in advocating for the health and safety of its members and the importance of enabling workplace inspections to ensure compliance with health and safety regulations. The court ordered that a right of entry permit be issued to Douglas Heath, allowing him to inspect the workplace of BHP Billiton Iron Ore Pty Ltd.