RIGHT OF ENTRY – dispute over right of entry – s.505 Fair Work Act 2009 – applicant claimed three right of entry disputes – disputes relate to a regional infrastructure project that involves the duplication of approximately 155 kilometres of road on the Pacific Highway between Woolgoolga and Ballina to a four-lane divided road – Commission found disputes did not relate to the operation of Part 3-4 of the FW Act – found first dispute regarding non-compliance with previous orders required exercise of judicial power which the Commission does not have – found second dispute concerning right of entry concerning an incident involving an excavator was a dispute about the operation of Part 7 of the Work Health and Safety Act 2011 (NSW)- Commission does not, for the most part, have jurisdiction to deal with the second dispute, and to the extent there is such jurisdiction, Commission not willing to exercise my discretion to make the orders sought by the CFMMEU – found third dispute about right of entry to investigate an alleged safety issue concerning fatigue and heat exposure would not serve to inform, educate or remind persons of their obligations or reduce future disputes – application dismissed – open to the CFMMEU to prosecute a case concerning these three disputes in a competent court and seek appropriate penalties and/or other relief. Construction, Forestry, Maritime, Mining and Energy Union v Laing O’Rourke Australia Construction P/L t/a Pacific Complete
…
