Enco Precast Pty Ltd v Construction, Forestry, Maritime, Mining and Energy Union & Ors

Enco Precast Pty Ltd sought orders from the Industrial Commission against the Construction, Forestry, Maritime, Mining and Energy Union and others, on the grounds that union officials had entered their premises unlawfully. The union had entered the premises relying on a Work Health Safety Entry Permit, which was issued under section 134 of the Work Health and Safety Act 2011 (Qld). The primary issue before the court was whether the legal burden of proof lay with the appellant to demonstrate that the union officials were not entitled to enter the premises, and whether the union constitution was correctly interpreted by the Industrial Commission.

The court considered that the legal burden of proof did not lie with the appellant. It held that the union officials were authorised to enter the premises, and the permit was validly issued. The court found that the union constitution did not confer the right of entry to the union officials as interpreted by the Industrial Commission. The court clarified that the union officials were not authorised to enter the premises without a valid permit. The appeal was dismissed, and costs were awarded to the respondents.