RIGHT OF ENTRY – dispute over right of entry – ss.505, 508 Fair Work Act 2009 – dispute between applicant and respondents about whether CFMMEU had coverage of relevant workers – applicant contended entry permit holders sought to speak to and possibly recruit union members on site – indicated CFMMEU not entitled to represent the industrial interests of certain persons employed at the premises – contended permit holders were not expressly authorised to take photographs or to make video recordings under State OHS law – contended Commission can make orders under s.508 of the FW Act – Commission found no evidence permit holders sought or purported to exercise any right of entry – amalgamation of three unions had taken effect – coverage issue no longer in dispute – digital material tendered – Commission permitted digital material because it was highly probative – noted type of conduct was neither conducive to rational decision making nor to the resolution of disputes – conduct in digital material symptomatic of underlying and central dispute as to coverage – found no evidence that conduct in video material likely to continue – found no standing to make an application under s.508 – s.505 not enlivened – held order unnecessary – application dismissed. Geofabrics Australasia P/L v Construction, Forestry, Maritime, Mining and Energy Union and Ors
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