Construction, Forestry, Maritime, Mining & Energy Union v Hanssen Pty Ltd

The Construction, Forestry, Maritime, Mining & Energy Union (CFMMEU) sought declarations from the Federal Court of Australia that Hanssen Pty Ltd and two of its officers had contravened sections 501 and 502 of the *Fair Work Act 2009* (Cth). The dispute concerned the CFMMEU's right of entry to a workplace and whether the respondents had unlawfully refused entry to an authorised official.

The primary legal issues before the Court were whether the CFMMEU had a valid right of entry under the *Fair Work Act* to the relevant workplace, and consequently, whether the respondents' actions in refusing entry constituted a contravention of sections 501 and 502 of the Act. The Court also considered whether the second and third respondents, as officers of Hanssen Pty Ltd, had the authority to permit or deny entry in the circumstances.

Street J found that the CFMMEU did possess a valid right of entry to the workplace. The Court reasoned that the respondents' refusal to permit the authorised official entry was not justified and therefore constituted a contravention of sections 501 and 502 of the *Fair Work Act*. The principles applied centred on the interpretation of the right of entry provisions within the Act and the circumstances under which entry can be lawfully refused.

The Court made declarations that Hanssen Pty Ltd and its officers had contravened sections 501 and 502 of the *Fair Work Act 2009* (Cth).