RIGHT OF ENTRY – dispute over right of entry – ss.505, 604 Fair Work Act 2009 – appeal – Full Bench – Commission at first instance determined remedy sought by appellant in right of entry dispute was an exercise in judicial power beyond the Commission’s jurisdiction – in any event, before and after workers shifts was not ‘other breaks’ within the meaning of s.490 of FW Act – CFMEU officials had no right of entry at those times – grounds of appeal included the Commission erred in concluding the application was a request to exercise judicial power, failed to find the application was an exercise in the regulation of future rights and in the interpretation of the meaning of ‘other breaks’ – appeal raised an important jurisdictional issue – only matter in dispute was whether the reference to ‘other breaks’ included periods before and after employees’ shift start and finish times – determined this involved ascertaining legal rights and obligations created by s.490 – the ascertainment, declaration or enforcement of legal rights is the exercise of judicial power whereas opinions formed in the course of deciding what rights should exist in the future is an arbitral power conferred on the Commission [Ranger Uranium Case] – Full Bench satisfied the Commission was correct in his decision that he had no jurisdiction to consider the dispute – permission to appeal granted – appeal dismissed. Appeal by Construction, Forestry, Mining and Energy Union against decision of Williams C of 12 July 2016 [[2016] FWC 3829] Re: BHP Billiton Nickel West P/L
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