RIGHT OF ENTRY – dispute over right of entry – s.505 Fair Work Act 2009 – official of the National Union of Workers (NUW) refused entry to the respondent’s premises – respondent submitted NUW not entitled to represent its employees – NUW notified a right of entry dispute – respondent submitted Commission lacked jurisdiction to arbitrate dispute on the basis that dispute was about whether or not NUW had a right of entry, rather than a dispute about the operation of an existing right – Commission satisfied that application involved an exercise of arbitral and not judicial power [Police and Nurses Credit Society Limited], and that it had jurisdiction to deal with the dispute – respondent submitted that NUW’s rules did not permit it to enrol any of its employees as members – respondent argued the only eligibility rule to make specific mention of vegetables applied solely to Queensland, those involved in sorting and packing vegetables in other states fell outside the scope of eligibility – NUW rules previously considered by Commission – the term ‘goods and merchandise’ not to be read down to exclude vegetables [Devlaun P/L and ors] – Commission satisfied some employees of the respondent entitled to be members of the NUW – NUW permitted to enter respondent’s premises in compliance with and for the purposes provided for under the Act – order issued. National Union of Workers v Premium Fresh Tasmania P/L
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