RIGHT OF ENTRY – dispute over right of entry – ss.484, 505 Fair Work Act 2009 – application to deal with a right of entry dispute – Construction, Forestry, Mining and Energy Union (CFMEU) requested to deal with a dispute with Laing O’Rourke Australia Construction (LORAC) by arbitration – LORAC is the occupier and controller of the premises on which a permit holder attempted to hold multiple discussions over several Right of Entry (ROE) dates with union member’s and potential union member’s mealtimes or other breaks while at the site – CFMEU submitted LORAC prevented permit holder from having discussions with employees on the site during their actual meal times – LORAC rejected the applicant’s assertion – submitted application should be dismissed – elected not to call any evidence – submitted CFMEU had not established ROE dates where discussions were hindered – Commission found permit holder to be a credible witness – Commission satisfied on the balance of probabilities permit holder sought to hold discussions with employees at the site during their actual meal times or other breaks and LORAC prevented the permit holder from doing so on some dates – LORAC contended Commission did not have jurisdiction to make order sought by the CFMEU as such an order would involve the exercise of judicial power – further directions to be issued – further decision about question of relief to be published in due course. Construction, Forestry, Mining and Energy Union v Laing O’Rourke Australia Construction P/L t/a Pacific Complete
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