United Voice v Paisley Park Early Learning Centres (SA) Pty Limited

United Voice (the applicant union) brought proceedings against Paisley Park Early Learning Centres (SA) Pty Limited (the respondent employer) alleging contraventions of section 502 of the *Fair Work Act 2009* (Cth). The dispute concerned the alleged hindering and obstruction of a union official's right to hold discussions with employees at the employer's workplace. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the employer had contravened section 502 of the Act by hindering or obstructing the union official in exercising their right to hold discussions. This involved determining whether the parties had failed to reach an agreement regarding the location of such discussions, as contemplated by section 492 of the Act, and if so, whether this failure constituted a contravention.

The Commission found that the employer had indeed contravened section 502 of the Act. It reasoned that the employer's actions, or lack thereof, in facilitating discussions between the union official and employees amounted to hindering and obstructing the exercise of the union's right of entry. The Commission applied the principles of section 492, which requires employers to take reasonable steps to facilitate discussions when agreement on location cannot be reached, and found that the employer had failed to do so. Consequently, contraventions were established, and the Commission proceeded to consider the imposition of penalties.