Recent Cases

Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia v Austal Ships Pty Ltd [2023] FCAFC 180 (14 November 2023) (Bromberg, Rangiah and Snaden JJ)


INDUSTRIAL LAW – appeal from decision of the Federal Court of Australia (“FCA”) – right of union official “permit holder” to enter employer’s premises for the purpose of holding discussions – refusal of entry – hindrance or obstruction of permit holder exercising rights under pt 3-4 of the Fair Work Act 2009 (Cth) – where permit holder intended to persuade employer’s employees to sign petition – whether entry for the purpose of obtaining signatures for petition was entry for the purposes of holding discussions within the meaning of s 484 of the Fair Work Act 2009 (Cth) – where FCA held that entry for the purposes of obtaining signatures was not authorised – appeal allowed