National Union of Workers v BlueScope Distribution Pty Ltd

[2016] FWC 4026

[2016] FWC 4026

FAIR WORK COMMISSION

DECISION

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

National Union of Workers
v
BlueScope Distribution Pty Ltd
(RE2016/851)

COMMISSIONER ROE MELBOURNE, 20 JUNE 2016

Application by the NUW to deal with a right of entry dispute.

Background

[1] Bluescope Distribution Pty Ltd (Bluescope) operates a warehouse at Trade Coast in Queensland (Trade Coast) at which it employs persons covered by the Bluescope Distribution – Sheet Metal Supplies Enterprise Agreement Queensland 2013-2016 (Relevant Employees).

[2] Bluescope has filed applications pursuant to s.240 (B2016/474), s.229 (B2016/475) and s.505 (RE2016/709) of the Fair Work Act 2009 (Cth) (Bluescope Applications). Each of the applicationsis based on the contention that the NUW was not able to represent the industrial interests of the Relevant Employees, on the basis that their work was said to be “manufacturing”.

[3] The NUW disputed this contention. The Bluescope Applications have been withdrawn.

[4] On 16 June 2016, the NUW filed an application pursuant to s.505 of the Act, (RE2016/851) contending that it was eligible to cover the Relevant Employees under rule 5(B)(a) and (d) of its rules. Bluescope does not contest that officers of the NUW who are permit holders have the right to enter the Trade Coast site in accordance with the Act.

[5] It is no longer disputed that the NUW is entitled to represent the industrial interests of the Relevant Employees.

Orders

[6] On that basis, the Fair Work Commission will make an order by consent as follows:

“Bluescope Distribution Pty Ltd will allow an official of the National Union of Workers who is a permit holder to enter BlueScope’s Trade Coast site at 20 Fairbairn Place, Trade Coast Central, Eagle Farm, Queensland to hold discussions with Employees in accordance with Section 484 of the Fair Work Act 2009 (Cth).

‘Employees’ means those employees at Trade Coast to whom the Bluescope Distribution – Sheet Metal Supplies Enterprise Agreement Queensland 2013-2016 applies.”

[7] This Decision and Order resolves RE2016/851.

COMMISSIONER

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