Right of entry – dispute over right of entry – ss.484, 492, 505 Fair Work Act 2009 – CFMEU sought a declaration that crib rooms of Dragline 34 and Dragline 35 are rooms or areas in which discussions may be held under s.492(3) of the FW Act where agreement on location cannot be reached – CFMEU also sought a determination that CFMEU Vice President is entitled to hold discussions in crib rooms of Dragline 34 and Dragline 35 where a valid and compliant entry notice has been given and an order that the respondent refrain from preventing the Vice President from holding discussions in said crib rooms – respondent opposed CFMEU application and contended that specified locations are work areas and do not meet the requirements under s.492(3) as they not provided for the purpose of taking meal and other breaks – Commission required to determine whether the Draglines are a ‘room or area’ for the purposes of s.492(3) and whether, in all the circumstances, the CFMEU Vice President was entitled to hold discussions with employees in the Draglines when excising a right of entry under s.484 – Commission not satisfied that Draglines are rooms or areas within the meaning of s.492(3) – Draglines are very substantial pieces of equipment and their primary purposes is not to house a room or area in which crib breaks can be taken – the fact that Draglines may contain facilities in which employees can store and prepare food does not make them an area provided for that purpose – CFMEU Vice President not entitled to hold discussions in Draglines while exercising a right of entry. Construction, Forestry, Mining and Energy Union
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