United WORKERS' Union v Serco Group Pty Ltd (No.4)

The United Workers' Union (the applicant) brought proceedings against Serco Group Pty Ltd (the respondent) in the Federal Court of Australia concerning alleged contraventions of the Fair Work Act 2009 (Cth). The dispute centred on the respondent's conduct in relation to the applicant's right of entry under the Act.

The primary legal issue before the Court was whether the respondent had contravened section 500 of the Fair Work Act by refusing the applicant's authorised industrial officer entry to a Serco facility. This involved determining whether the officer's request for entry was for the purpose of investigating a suspected contravention of the Act or a term of a modern award or enterprise agreement, and whether the respondent's refusal was lawful.

Judge Young found that the authorised industrial officer's request for entry was indeed for the purpose of investigating a suspected contravention of the Fair Work Act, specifically concerning alleged breaches of the National Employment Standards. The Court reasoned that the officer's belief that a contravention had occurred was reasonably held, based on information received. The respondent's refusal to grant entry was therefore found to be a contravention of section 500 of the Act, as it did not fall within any of the permitted grounds for refusal under the legislation. The Court ordered that the respondent pay the applicant's costs of the proceeding.