Construction, Forestry, Mining and Energy Union

[2015] FWC 8171

[2015] FWC 8171

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.505 - Application to deal with a right of entry dispute

Construction, Forestry, Mining and Energy Union
(RE2015/1656)

DEPUTY PRESIDENT LAWRENCE SYDNEY, 26 NOVEMBER 2015

Application to deal with a right of entry dispute.

[1] On 2 November 2015 the Construction, Forestry, Mining and Energy Union (CFMEU) filed an application for the Fair Work Commission (the Commission) to deal with a right of Entry Dispute.

[2] The dispute arose from the purported exercise of right of entry pursuant to s.481 of the Fair Work Act 2009 (the Act) by two CFMEU officials with respect to employees of Burton Contractors Pty Ltd (Burton). A further written notice on 31 August 2015, was provided to Burton, for the production of records and / or documents pursuant to s.483(1) of the Act.

[3] The matter was heard on 25 November 2015. Mr T. Woodland, solicitor, was granted permission, pursuant to s.596 of the Act to represent Burton. The CFMEU was represented by Mr P. Quinn and two organisers, Mr D. Kelly and Mr D. Curtain.

[4] Following a discussion in conference and in order to facilitate a mechanism for resolution of the dispute, I indicated on transcript a willingness to issue an interim order pursuant to s.505(2)(e). The interim order is “without prejudice” to the position that the parties may ultimately take with respect to compliance with the Act to date. The interim order follows:

Interim Order

Pursuant to s.505(2)(e) of the Fair Work Act 2009 (the Act) the Fair Work Commission (the Commission) orders on an interim basis:

1. Burton Contractors Pty Ltd (Burton) shall provide to the Commission, using its best endeavours, by Close of Business, Thursday, 17 December 2015 the following in relation to employees covered by the Burton Contractors Pty Ltd Enterprise Agreement 2010 - 2014 (the Agreement).

● Time and wages records, including daily logs and time sheets from 1 July 2014 until the end of the pay period before 17 December 2015.

● Any letters of offer and/or documents of appointment for each of these employees.

● Any documentation which deals with the duties, qualifications, ticketing, licensing and records of competency for each of these employees for the period 1 January 2013 to the date of this Order.

2. The CFMEU shall provide to the Commission, on a confidential basis, the list of its members employed by Burton by way of a statutory declaration from a responsible officer by close of Business 17 December 2015.

3. The Commission shall then make available for inspection by the CFMEU, at the Commission, the material filed by Burton in respect of CFMEU members as verified by the Commission.

4. Liberty to apply to the parties.

DEPUTY PRESIDENT

Appearances:

P. Quinn with D. Kelly and D. Curtain for the CFMEU.

T. Woodland, solicitor with K. Williams and L. Bruno for Burton Contractors Pty Ltd.

Hearing details:

2015

Sydney:

November 25

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