Victoria International Container Terminal Limited and Richard Simon Lunt

The High Court of Australia considered the dispute between Victoria International Container Terminal Limited (VICT) and Richard Simon Lunt. The case concerned the interpretation and application of section 55 of the *Fair Work Act 2009* (Cth) (the Act), which deals with the right of entry of an industrial officer to a workplace. Specifically, the Court examined whether a union official, Mr Lunt, had a valid right of entry to VICT's premises under the Act.

The central legal issue before the High Court was whether Mr Lunt, as an official of the Maritime Union of Australia, was entitled to enter VICT's workplace for the purpose of holding discussions with employees who were members of the union, notwithstanding that VICT had not been given notice of his intention to enter. The Court had to determine the scope of the right of entry provisions in the Act and whether the requirements for providing notice were mandatory or directory in the circumstances.

The High Court held that section 55 of the Act requires an authorised industrial officer to give notice to the occupier of the workplace before entering it for the purpose of holding discussions with employees. The Court reasoned that the language of section 55(1) is clear and unambiguous in its requirement for notice to be given. It was determined that this notice requirement is a condition precedent to the lawful exercise of the right of entry for discussions. Consequently, Mr Lunt's entry without providing the requisite notice was unlawful. The appeal was dismissed.