Construction, Forestry, Mining and Energy Union of Workers

The Construction, Forestry, Mining and Energy Union of Workers applied for a right of entry permit in relation to a workplace safety matter. The case was heard in the Federal Circuit and Family Court of Australia. The dispute arose from an application made under the Fair Work Act 2009, where the union sought permission to enter a workplace to investigate potential breaches of occupational health and safety regulations.

The primary legal issue before the court was whether the union had established a reasonable belief that there were serious and imminent risks to the health and safety of workers at the site. The court was required to determine whether the union's application met the statutory criteria for granting a right of entry permit, including whether the risks identified were serious and imminent and whether the union had provided sufficient information to support their belief.

The court found that the union had provided detailed information outlining the potential risks, including instances of workers being injured due to unsafe working conditions. The evidence presented by the union demonstrated that there were serious and imminent risks to the health and safety of the workers. The court was satisfied that the union had established a reasonable belief that warranted the granting of a right of entry permit. Consequently, the court granted the union's application for a right of entry permit, allowing them to investigate the workplace and take necessary actions to address the identified risks.