Flavorite Hydroponic Tomatoes P/L v Australian Workers' Union, The

[2016] FWC 2525

[2016] FWC 2525

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009
s.505—Right of entry

Flavorite Hydroponic Tomatoes P/L
v
Australian Workers’ Union, The
(RE2016/519)

COMMISSIONER LEE MELBOURNE, 20 APRIL 2016

Alleged dispute concerning s.484 entry notices to hold discussions & safety notices.

[1] This dispute was the subject of a conciliation conference before me today. The outcome of the conference is that the parties agreed to the following outcome:

1. There are two lunch rooms on the premises. It is agreed that The Australian Workers’ Union (the Union) can meet with employees in either lunch room when exercising right of entry pursuant to s.484 of the Fair Work Act 2009 (Cth) (the Act). The standing arrangement is that the Union will meet in the lunch room nearest the entry gate to the premises. If the Union would like to change the meeting place to the other lunch room they will notify Flavorite Hydroponic Tomatoes P/L (the Company) by email 24 hours before entering the premises and the Company will facilitate the meeting taking place in the alternate lunch room.

2. There is no requirement for the Union representatives to hold a meeting with the HR manager and/or the manager/owner of the Company upon arrival at the premises.

3. Whether or not Union representatives are permitted to conduct so called “safety walks” is a matter of discretion for the Company. There is no right to conduct “safety walks” pursuant to s.484 of the Act. The Company has made it clear that they do not agree and will not agree in the future to the conduct of “safety walks”.

4. Any right of entry exercised pursuant to Division 3 of the Victorian Occupational Health and Safety Act 2004 will be in accordance with s.87 of that Act and consistent with the Worksafe Published Guides to Right of Entry.

[2] This agreement resolves the dispute and the applicant in this matter agrees to the discontinuance of this application.

COMMISSIONER

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