Kirby v JKC Australia LNG Pty Ltd
Citation: [2015] FCA 1070
What happened
Union officials holding valid entry permits under the Fair Work Act sought to enter a large construction project site (Ichthys On-shore Construction Project in the Northern Territory) to hold discussions with employees. They provided entry notice specifying the site as 'Ichthys On-shore Construction Project at Blaydin Point'. The site covered 340 hectares with multiple work packages and contractors. The employer refused entry unless more specific sub-areas of the site were nominated.
What was decided
The court granted an interlocutory injunction requiring the employer to allow entry when a valid entry notice specified the overall site premises. The Fair Work Act does not require union officials to specify particular parts or sub-areas of premises in an entry notice. Entry notices need only specify the premises and the day of entry as required by section 518.
What it means for employers
Employers cannot require union officials to specify particular sub-areas or work packages within a larger site as a condition of entry. When an entry notice specifies the overall premises correctly and meets statutory requirements, the employer must permit entry. Employers retain some discretion over where discussions occur (indoor location) but cannot prevent entry to the site.
What it means for employees
Union officials have the right to enter workplaces to discuss with employees even on large, multi-sectioned sites. Employers cannot frustrate this right by demanding excessive specificity about sub-areas. The entry notice requirements are not designed to allow employers to prevent or delay union access.
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https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2015/2015fca1070Want more cases like this?
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →