Graincorp Operations Limited v The Australian Workers' Union

[2021] FWC 6237

[2021] FWC 6237

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009
s.505—Right of entry

Graincorp Operations Limited
v
The Australian Workers’ Union
(RE2021/1182)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 1 NOVEMBER 2021

[1] On 24 October 2021 GrainCorp Operations Ltd (GrainCorp) applied under s 505(3) of the Fair Work Act 2009 (Act) for the Commission to deal with a dispute about the operation of Part 3-4 arising from entry notices given by two permit holders who are officials of the Australian Workers’ Union (AWU) to enter certain sites operated by GrainCorp for the purposes of holding discussions with employees.

[2] Some days prior to GrainCorp’s application, the two officials of the AWU who are permit holders gave notices of entry intend to be effected on 25 October 2021 at two GrainCorp sites – the Coonamble and Baradine depots. By correspondence to the AWU on 24 October 2021, GrainCorp advised that the officials would not be permitted to enter the depots because entry would not comply with GrainCorp’s “Covid Management Plan” because under the plan entry by the officials was non-essential work and not permitted at the depots.

[3] On 25 October 2021, the permit holders sought to enter GrainCorp’s Coonamble and Baradine depots and were denied entry by GrainCorp’s officers. Further entry notices issued by AWU permit holders were given to GrainCorp to enter Coonamble and Baradine depots on Monday 1 November 2021 and Monday 8 November 2021.

[4] The dispute application was scheduled for hearing at 1:00pm on Thursday 4 November 2020 however GrainCorp and the AWU have agreed to resolve the right of entry (ROE) dispute on the following basis:

The following requirements will apply to an AWU union official exercising a right of entry (ROE) under s 484 of the Fair Work Act 2009 (Cth) during the 2021/2022 harvest period in New South Wales:

1. A union official will only exercise a ROE to a GrainCorp site if the union official is fully vaccinated and provides evidence of same to a GrainCorp representative at the time of entry;

2. A union official must have had a negative COVID-19 PCR test no more than 72 hours prior to the time of entry and provide evidence of same to a GrainCorp representative at the time of entry;

3. A union official will, whilst exercising a ROE, comply with all measures the Company has in place at a particular site to reduce the risk of COVID-19 including the use of protective face masks; safe hygiene requirements and social distancing;

4. A union official will, whilst exercising a ROE, only hold discussions with employees outdoors.

[5] The dispute is resolved accordingly, and the file will be closed.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR735365>